DECEMBER 19 — Two days ago, the coalition in the national unity government signed a memorandum of understanding pledging to support Datuk Seri Anwar Ibrahim’s administration in all matters of confidence and supply, guaranteeing its stability.

The agreement that was signed by the coalition has raised a questionable legal issue in clause 4b which states :

The above clause simply means that an MP who does not vote along with his or her party is deemed to have resigned and ceases to hold the position as a member of Parliament, and his seat will deemed vacant according to Article 49(A)(1) of the Federal Constitution.

It is humbly submitted that the clause violates one’s freedom of right under Article 10 of the constitution. This is because the right to vote falls under an individual rights, and is something that the party as a collective cannot compel someone to vote along party line.

Such clause tends towards an absolute dictatorship when MP’s are not given their rights to vote freely, and this would give a wrong perception to the public.

As such, clause 4(b) of the agreement goes against the spirit of Article 49A which is unconstitutional. This is because Article 49A itself does not disqualify the MP’s on this basis.

Be that as may be, the true meaning and purport of Article 49A will only be known if the clause is challenged in court.

Nonetheless, one invalid clause does not effect the other clauses in the agreement. The agreement can be said to be constitutional.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.