Bastian Pius Vendargon said such a motion must be allowed as it was based on the rule of law in the Federal Constitution, the supreme charter of the land.
He said the legislature’s obedience to a Cabinet member also went against the doctrine of separation of powers.
“The executive is accountable to Parliament and not the other way round. This means the prime minister and his Cabinet are answerable to the people,” he said
Vendargon was responding to Dewan Rakyat Speaker Azhar Harun’s contention that any motion of no-confidence could not be debated without the consent of a minister.
It was reported earlier that Azhar had told Gua Musang MP Tengku Razaleigh Hamzah to consult de facto law minister Takiyuddin Hassan on getting the motion against Muhyiddin Yassin tabled and debated in the Dewan Rakyat.
The Kelantan prince, in a letter to Azhar dated Sept 25, had asked why the no-confidence motion submitted by Langkawi MP Dr Mahathir Mohamad twice in May and July was not debated and voted on.
In his reply on Sept 29, Azhar said he was bound by the rules of the Dewan Rakyat and had “no problem” considering such motions if all government affairs were completed or if there was a motion by a minister under Standing Orders 14 (2) to prioritise private motions.
Muhyiddin was appointed prime minister on March 1 following the collapse of the 22-month Pakatan Harapan government led by Mahathir.
His Perikatan Nasional government consists of PPBM, Barisan Nasional (Umno, MCA and MIC), PAS, GRS MPs from Sabah and GPS.
Vendargon said Azahar ‘s refusal to allow the no confidence motion was tantamount to defying Article 43 (2) (a), a fundamental feature in the constitution.
“The king appointed Muhyiddin (Pagoh MP) who, in his judgment, was likely to command the confidence of the majority.
“His legitimacy must then be tested and resolved in the Dewan Rakyat where he must get the support of 112 MPs to remain in office,” he said.
Vendargon said the speaker must give effect to Article 43(2) by taking a prismatic approach as the constitution was an evolving and growing document.
Lawyer Muhammad Rafique Rashid Ali said it was customary for the speaker to put such motion on the top most list for debate when the measure of support for the prime minister was dicey.
“Muhyiddin’s legitimacy must be tested in the house because the voters in 2018 did not give their mandate to most of the MPs in the current government to form the government,” he added.
He said Malaysia followed British parliamentary democracy and there had been 25 successful motions of no confidence taken against the incumbent British prime ministers that led to their resignations and dissolution of Parliament.
Meanwhile, lawyer Syed Iskandar Syed Jaafar Al-Mahdzar said an MP on the floor could also move a motion to reduce the salary of the prime minister from the proposed budget .
“This is also a form of no confidence vote and the prime minister must tender his resignation if such motion is successful,” he said.