Resign, Dissolve Parliament or Emergency Rule - Options for "outgoing" PM??

As September 16 draws near, the talk is whether Pakatan Rakyat would be able to form the government on or immediately after 16/9/2008 - or whether this all just another Anwar and Pakatan Rakyat 'spin' --- or an 'unachievable aspiration'.

Now, within the BN, the 2 SAPP Members of Parliament have already taken the stand that they do not anymore have confidence in this Prime Minister...and yes, the question really is not whether MPs jump parties or not ...but whether they still have confidence in this Prime Minister - Abdullah Ahmad Badawi of the UMNO party - the Barisan Nasional coalition.

Article 43(4) of the Federal Constitution is rather clear about this:-

If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-pertuan Agong dissolves Parliament, the Prime Minister, shall tender the resignation of the Cabinet.

We already know that there are others within the BN coalition also do not anymore have confidence in this Prime Minister...

Even Mukriz and Ku Li have been vocally calling for Badawi to step down...

So, come September 16 - there need not even be "party hopping" - all that is required is for the majority of the MP to declare that they do not anymore have any confidence in the present PM - and maybe at the same time also declare that they now support and have confidence in some other like Anwar Ibrahim to be the Prime Minister..

If that happens - then Abdullah Ahmad Badawi has 3 choices:-

a) Gracefully tender his and the Cabinet's resignation ( Art. 43(4) Federal Constitution)

b) "..request the Yang di-pertuan Agong dissolves Parliament.." (Art.43(4) FC) - meaning fresh Parliamentary Elections. But then, the Art. 40 (2)(b) FC clearly makes the question of disolution one of the few matters that come under the discretion of the Yang di-pertuan Agong. This means that the Yang di-pertuan Agong may request the PM's request for a disolution of Parliament - and hence " the Prime Minister, shall tender the resignation of the Cabinet...." (Art.43(4) FC)

"(b) the withholding of consent to a request for the dissolution of Parliament;"

c) Proclamation of Emergency
- well, this is a matter that really is up to the Prime Minister - and the Yang di-pertuan Agong will have to act in accordance with the advice of the Prime Minister..

150. Proclamation of emergency.

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2A) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di- Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2B) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2C) An ordinance promulgated under Clause (2B) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2B) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6A) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution -

(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and

(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of -

(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1);

(ii) the continued operation of such Proclamation;

(iii) any ordinance promulgated under Clause (2B); or

(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.

But, then thankfully our current Prime Minister Abdullah Ahmad Badawi, despite what he recently said, also did earlier tell us that he would not resort to using Elergency.

"Efforts by certain parties to destabilise the country by attempting to seize power through illegitimate means, and without the mandate of the people, must be rejected," said Abdullah towards the end of his Budget 2009 speech.

"We cannot allow uncertainties to continue as this will adversely affect foreign investment, economic sentiment and the capital markets.

"I will not allow these disturbances to continue," he stressed. - Malaysiakini, 29/8/2008 Pak Lah vows to foil Sept 16 plan

On 1/8/2008, the Prime Minister "...ruled out imposing emergency rule if Anwar's supporters hold street protests to denounce the latest accusation...".

Asked whether Anwar was bluffing, Abdullah said that "so far, it is going toward that direction. "Whether he bluffs or not [it seems] he wants to keep his popularity afloat all the time like a stock market share," Abdullah added.

He ruled out imposing emergency rule if Anwar's supporters hold street protests to denounce the latest accusation.

"I don't think we are going down that road; definitely not," he said.

Abdullah said he believes Anwar is trying to bribe government lawmakers to defect.

"I've heard so much stories, many stories of his buying, tempting them with monetary offers to cross over to the opposition," he said. - GulfNews.com, 1/8/2008 Badawi rejects Anwar threat to seize power as a 'bluff'

It really would be good if the Prime Minister Abdullah Ahmad Badawi can assure the people of Malaysia NOW that he would not resort to emergency rule.... if it is shown that he no longer has the confidence of the majority in the Dewan Rakyat - and that he will quitely resign and peacefully hand over power to whoever commands the majority support in the Dewan Rakyat.