COMMENT | Attorney-General Idrus Harun, resign now!

COMMENT | Attorney-General Idrus Harun’s statement that any motion of confidence on the prime minister would be deemed an unacceptable challenge to the Agong’s absolute power to appoint a prime minister is a heretical interpretation of the Federal Constitution, for which he must resign forthwith.

In the first instance, the Agong’s power to appoint a prime minister is not as absolute as Idrus thinks.

That power comes with the constraint that the appointee must be someone who in the “Agong’s judgment is likely to command the confidence of the majority of the members of the House.” – Article 43(2)(a) of the Federal Constitution.

Agong’s discretion is qualified

So, the Agong’s discretion is a qualified discretion. He cannot appoint anyone he likes, but the one who the Agong appoints must be someone who...