APRIL 30 — After losing the support of the majority of the members of the State Legislative Assembly (SLA), and having not tendered his resignation, Datuk Seri Aminuddin Harun Aminudddin Harun should be deemed to have vacated his office together with members of the executive council (Exco).
This is as decided by the Federal Court in the Nizar v Zambry case.
Now, having met with the State Ruler, the Yang di-Pertuan Besar, and having been advised by the latter to continue with governing the State, is it correct to call it a minority government?
With the greatest respect, I say the term is incorrect.
A minority government is a government formed by a political party or coalition of parties that does not have an overall majority of members of the legislative assembly.
But a crucial aspect of a constitutional government is that the government of the day must enjoy the confidence of the members of the legislative assembly, be it the federal Parliament or SLA.
This means that the State government cannot be said to be a government of the day – minority or majority – when the Menteri Besar (MB) does not command the confidence of the majority of the members of the SLA.
Accordingly, the Negeri Sembilan State government is but a caretaker or interim government.
The position of a ‘caretaker’ or ‘interim’ government is not provided for under the State Constitution – nor under the Federal Constitution – but it is a convention that came from the Westminster parliamentary system.
The writer argues that the Negeri Sembilan government should be regarded as a caretaker or interim administration rather than a minority government following a loss of majority support in the State Legislative Assembly. — Bernama pic
But since there is no such thing as a caretaker government under the Constitution, a caretaker government technically holds the same power as that of the government of the day.
It must be noted though that there are conventions that recogniSe certain limits to the powers that may be exercised by a caretaker government.
Accordingly, if the government of the day is to fully exercise its powers as constitutionally and legally mandated, it must be returned as a government having the confidence of the SLA.
Umno’s move to continue backing the unity government in Negeri Sembilan, ensuring stability and continuity in the State’s administration, must therefore be welcomed.
Let it not be questioned whether the State government is a minority or a caretaker government.
** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
