The Star Malaysia

Several scenarios can play out in case of hung parliament

- By YUEN MEIKENG meikeng@thestar.com.my

PETALING JAYA: There are a total of 222 seats in the Dewan Rakyat. All it takes is just 112 to get a simple majority to form the Federal Government.

But sometimes, the maths may not seem so straightfo­rward.

What happens when no coalition or party manages to get that required number?

That was the case of the March elections in Italy that resulted in a hung parliament.

Previously, Universiti Malaya emeritus professor of law Prof Datuk Dr Shad Saleem Faruqi had said that an example of a hung parliament was when one side wins 100 seats, the other gets 95 and remainder is won by independen­ts or other smaller parties that are not aligned to either Barisan Nasional or Pakatan Harapan.

He said there are a few Common- wealth convention­s that can be applied in the case of hung Parliament­s.

“The Government that took the country into the election remains in the saddle during the interim period, but only in a caretaker capacity,” he said in his previous column.

“The Commonweal­th convention seems to be that in a stalemate, the government in office gets first choice to form the government.”

Political analyst Prof Dr Nik Ahmad Kamal Nik Mahmod said a joint government can also be formed.

“If no party commands a majori- ty, it is up to the King to decide based on representa­tion from all political parties which have substantia­l seats in Parliament,” he said.

He said a re-election is the best way to settle the case of a hung parliament but it will be costly.

Another analyst Prof Datuk Seri Dr Syed Arabi Syed Abdullah Idid pointed out that in Britain’s hung parliament in 2010, the Conservati­ve Party invited the Liberal Party to form the government.

“So, in the event of a hung parliament due to this small majority, there could be a coalition government,” he said.

Constituti­onal lawyer New Sin Yew said the Federal Constituti­on is not exactly instructiv­e in the event of a hung parliament in Malaysia, nor are there any local precedents to act as a guide.

“In a hung parliament, the incumbent prime minister will continue to be in office, albeit in a caretaker capacity, until a new prime minister is appointed,” said New.

“If no single party or coalition of parties have the majority in Parliament, then it is up to the parties to try and negotiate with their opponents for support until there is a majority.”

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