Why does a cabinet dissolve immediately when the Prime Minister resigns?

Question

Accepted Answer

The Cabinet Dissolves Upon Prime Minister's Resignation Due to Collective Responsibility

When a Prime Minister resigns, the entire cabinet is immediately dissolved. This is a fundamental principle rooted in the concept of collective responsibility, where the Prime Minister and all cabinet members are bound together, operating under the ethos of "All for one, one for all." The resignation of the Prime Minister signifies the end of the government's mandate, leading to the dissolution of the cabinet as a whole.
Collective Responsibility Binds the Cabinet

The principle of collective responsibility dictates that all members of the cabinet must publicly support government decisions, even if they personally disagree. This shared accountability means that if the Prime Minister, who leads the cabinet, resigns, the entire body loses its authority. The Chief Secretary to the Government, Datuk Seri Zuki Ali, confirmed this by stating that with Tun Dr Mahathir Mohamad's resignation as Prime Minister on February 24, 2020, the duties of the Deputy Prime Minister, Ministers, Deputy Ministers, and political secretaries also ceased on the same date.
The Monarch's Role in Appointing a Successor

Following the Prime Minister's resignation, the Yang di-Pertuan Agong (the King) is tasked with appointing a new Prime Minister. While Article 40(2)(a) of the Federal Constitution grants the King discretionary power in this appointment, this discretion is not absolute. The Constitution mandates that the King must appoint an elected Member of Parliament from the Dewan Rakyat who, in His Majesty's judgment, is most likely to command the confidence of the majority of the Dewan. This individual does not necessarily have to be the leader of a political party, as the Constitution focuses on the person's ability to secure parliamentary support.
The Ambiguity of an "Interim Prime Minister"

In situations where a new government formation is complex, the concept of an "interim Prime Minister" has emerged. Legal experts suggest that the King can appoint a Prime Minister for a temporary period to gauge Parliament's mood and understand new political alignments. However, the Federal Constitution is notably silent on the specific provision for an "interim PM." While some interpret "interim" as temporary, Attorney-General Tommy Thomas has noted that there is no defined time limit for such an office, creating a potential contradiction. The writer suggests that the term "interim PM" should be discontinued as it is not constitutionally defined and lacks legal force.

Reading history

Hide →

This history is cleared when the page is closed.

Why does a cabinet dissolve immediately when the Prime Minister resigns?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends