PM term cap requires Rulers’ consent, expert cautions

SHAH ALAM – DAP’s proposal to implement a two-term limit for the Prime Minister has raised concerns over its potential impact on the sovereignty and special privileges of the royal institution.

International Islamic University Malaysia's (IIUM) constitutional expert, Datuk Associate Professor Dr Wan Ahmad Fauzi Wan Husain said the power to appoint the Prime Minister lies at the discretion of the Yang di-Pertuan Agong.

Unlike the United States and Indonesia, which impose a two-term limit for the President, Malaysia follows a different political system that upholds royal sovereignty and constitutional supremacy. - Bernama file photo

According to him, Article 43(2)(a) of the Federal Constitution grants the Yang di-Pertuan Agong the authority to appoint a Prime Minister from among the Members of Parliament who, in His Majesty’s judgment, commands majority support in the Dewan Rakyat.

"We need to examine our constitutional system more closely. The right to choose the Prime Minister belongs to the Yang di-Pertuan Agong and it should not be restricted through constitutional amendments.

"This prerogative provides flexibility in addressing unforeseen issues in the future.

"Setting a term limit would constrain the King’s power, whereas the decision on how many terms a Prime Minister serves should remain at His Majesty’s discretion.

"Unlike the United States and Indonesia, which impose a two-term limit for the President, Malaysia follows a different political system that upholds royal sovereignty and constitutional supremacy.

"In those countries, the President is elected directly by the people," he told Sinar on Monday.

DAP Secretary-General Anthony Loke in his speech at the 18th DAP National Congress, expressed hope that the government would amend the Federal Constitution within the next 24 months to impose a 10-year limit on the Prime Minister’s tenure.

Fauzi said such a proposal would also require the consent of the Conference of Rulers.

"The election of members of the legislature is based on the people's mandate, while the formation of the government involves the power of the King. If such a policy is implemented, it would restrict the prerogative of the Yang di-Pertuan Agong.

"If the goal is to create a balance between the executive and legislative branches, it would be more appropriate to amend the law to ensure the Prime Minister is selected solely from members of the Dewan Rakyat.

"Meanwhile, Cabinet members should include the Chief Secretary (KSU) and the Chief Secretary to the Government (KSN), who are civil servants with extensive administrative experience.

"This approach would allow members of the legislature to focus on law-making and provide independent oversight of the government in a more transparent manner. It would also help prevent administrative weaknesses among elected representatives and ensure greater consistency in government policies," he said.