NOW that Anwar Ibrahim has finally been installed as the prime minister, it is time for us to take stock of the political drama over the past 10 days and its constitutional implications.

Malaysia practises the Westminster parliamentary system that seeks consensus rather than a clear winner in an election, which is why it requires that one must secure at least half of the parliamentary seats and not the votes to form a government.

Therefore, even though Pakatan Harapan emerged as the biggest party in the general election on November 19, it failed to cross the finishing line because it did not garner enough seats to govern on its own.

So long as PH could not persuade other parties to work with it, it was right and proper that Perikatan Nasional be given a chance to try its luck as the day’s second biggest winner.

Let’s look at Japan, which also practises the Westminster model.

In 1993, the ruling Liberal Democratic Party (LDP) won 223 seats in the general election but fell short of the 511 threshold. It had to count on the support of other parties.

Unfortunately, others chose to work with the Japan New Party, which had won only 53 seats, and endorse its leader as prime minister. As a result, the LDP lost power for the first time since 1955.

Another example is the mother of parliaments – the British Parliament. In 2010, the ruling Labour Party lost the general election and, with 258 seats, was trailing behind the Tories by 48 seats. It was a hung parliament.

However, the British constitutional position is that “when one holds the majority of seats, the incumbent PM has the first call on forming a government, either as a minority administration or by building a coalition with another party or parties”.

Therefore, caretaker PM Gordon Brown was given first dibs at forming a government with others such as the Liberal Democrats, the Scottish National Party, Plaid Cymru (Welsh nationalists) and Green.

It did not work out for Brown because the Lib Dems, which had 57 seats, chose to work with the Tories to form a more stable government. Had Labour succeeded in enticing the Lib Dems, it would have resulted in a barely working majority in parliament.

This was precisely the post-election situation in Malaysia last week. We had a hung parliament and no one coalition had made it to more than 50% of the parliamentary seats, which called for a consensus rather than a winner.

Despite my distrust of Bersatu and Islamist PAS, our system does permit them to join forces with the no. 4 and 5 pupils to rule over us, provided they manage to secure a deal. 

I am sure many would have been shocked and in great fear had PN come into power with the support of others.

But our constitution does not promise that the largest party or coalition in parliament shall have priority to form a government. Article 43 (2)(a) of the Federal Constitution states crystal clearly that ”the Yang di-Pertuan Agong shall first appoint as Perdana Menteri to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House”.

It doesn’t say the PM must be from the party or coalition that has the biggest number of parliamentary seats, which leaves considerable space for all parties and MPs to nominate the candidate of their choice.

Otherwise, how are we to explain the fact that the new menteri mesar of Perak and Pahang are both from Umno and not PN, which won the most seats in the state elections?

This was made possible when the no. 2 and 3 coalitions, PH and Barisan Nasional, agreed to form a coalition government and keep PN at bay. 

Hence, the best way to clear up any ambiguity is for the new PM to test his majority in Parliament by way of a confidence vote, which I am glad Anwar has vowed to do on December 19.

Such a move will only not will display the true spirit of constitutional monarchy but also prove that Malaysia has a democratic system that is on par with others around the world. – November 29, 2022.

* Josh Hong is a keen watcher of domestic and international politics, who longs for the day when Malaysians master the art of self-mockery. He has spent the last 15 years trying to win his feline friends’ favour as he considers it an endeavour more worthwhile than trusting politicians, aspiring also to be a tea and coffee connoisseur.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.