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Prof’s reminder on duties of a caretaker government

KUALA LUMPUR: A caretaker government is necessary to ensure the continued smooth operation of the national administration once parliament is dissolved to pave the way for a general election, a law professor said today.

Shamrahayu Abdul Aziz, who teaches law at the International Islamic University of Malaysia (IIUM), said the caretaker government also serves as a trustee in safeguarding the interests of the people and the country during the period parliament remains dissolved.

She said the Federal Constitution may be silent on the matter but it is the accepted practice to have a caretaker government.

“Even though there is no specific provision in the Constitution, it is not a problem. It is the practice in any country in the world for the existing government and the Cabinet of Ministers to function as the interim government until the formation of the new government elected by the people,” she told Bernama.

Prime Minister Najib Razak announced today that parliament will be dissolved effective tomorrow in order for the 14th general election to be held.

Shamrahayu said the caretaker government also advises the King on the administration of the country while the King will in turn be the “check and balance” for the caretaker government.

On the jurisdiction of a caretaker government, she explained that it was limited to the official and routine government administration and to carry on the implementation of policies and programmes that had been planned before the dissolution of parliament.

“It cannot make decisions that have huge implications, such as formulating policies and approving large allocations.

“The announcement of major projects should not be done during this period unless the financial allocations and the project plans had already been approved before the dissolution of parliament,” she said.

Shamrahayu said the caretaker government will begin to function as soon as parliament is dissolved and will cease to exist automatically once the winning party appoints the prime minister.

She said the same practice applies to the speaker of the Dewan Rakyat after the dissolution of parliament.

The speaker will continue to hold office and carry on his role until a new speaker of the Dewan Rakyat is appointed, she said.

“This is because he has to chair the first meeting of the Dewan Rakyat and ensure that a new speaker is appointed at the meeting to replace him thereafter,” she said.

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