Here's How A New Prime Minister Gets Sworn In According To The Federal Constitution

A PM will only be appointed if he is believed to command the confidence of most MPs.

Cover image via Carousell/Malaysiakini (edited)

Earlier today, 10 May, Barisan Nasional president Datuk Seri Najib Razak said at a press conference that the Yang di-Pertuan Agong will decide on the new Prime Minister

Image via Malaysiakini

Speaking at the Putra World Trade Centre, Najib claimed that the decision is up to the Agong as no party has obtained a simple majority in the parliament.

Malaysiakini reported him as saying that the Agong will decide based on whoever he believes will have the confidence of most MPs.

This morning, Pakatan Harapan was declared the winner of the 14th General Election (GE14), enabling them to form the federal government.

His statement came after news broke that Tun Dr. Mahathir Mohamad's inauguration as the new Prime Minister has been cancelled today

Bernama reported that the swearing in ceremony for Mahathir will not be held at the Istana Negara today.

However, Mahathir was later quoted as saying by Bernama that a federal government has to be formed by today, 10 May.

According to Article 43 of the Federal Constitution, the Yang di-Pertuan Agong has to appoint a Prime Minister before choosing a cabinet of ministers

Article 43(2) in the Constitution states that the Agong shall appoint a Prime Minister to preside over the Cabinet, who he thinks is likely to command the confidence of most MPs.

After that, with the advice of the Prime Minister, the Agong will appoint other ministers from members of either House of Parliament.

However, if a Prime Minister fails to command the confidence of most MPs, he shall resign from the Cabinet

According to Article 43(4), the Prime Minister shall resign from the Cabinet unless the Agong decides to dissolve the Parliament.

Nonetheless, if a Prime Minister was appointed while the Parliament remains dissolved, he shall not continue to hold office after the next session of Parliament begins unless he has been made MP.

The Straits Times reported that Mahathir hopes to be able to form the federal government by 5pm today.

Following a historical win, Mahathir emphasised that his government will not seek "revenge" on Najib:

In other news, Malaysians took to Twitter to celebrate Pakatan Harapan's GE14 win:

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