Idrus Harun said if Ismail’s legitimacy still needed to be tested by any party apart from the Yang di-Pertuan Agong, it would mean the absolute power of the King could be overridden.

“And this is not in line with the Federal Constitution,” he said in a statement.

Idrus said the Yang di-Pertuan Agong had on Aug 21 appointed Ismail as the ninth prime minister, in line with Article 40(2)(a) and 43(2)(a) of the Federal Constitution.

He said Article 40(2)(a) gives powers to the King to appoint a prime minister, and this should be read along with Article 43(2)(a).

It states the prime minister has to be an elected representative and the King appoints an MP who he thinks can command a majority in the Dewan Rakyat.

“It is clear the appointment of the prime minister is a constitutional responsibility and His Majesty has absolute powers.

“The procedure to determine which MP has the majority in the Dewan Rakyat has been decided by His Majesty,” he added.

Idrus added that the King had sought the stand of the 220 MPs on their choice as prime minister through statutory declarations.

On Aug 19, the King had summoned 114 MPs backing Ismail as the prime minister, and two days later he was sworn in.

On Aug 18, the King had issued a reminder that the appointed prime minister has to undergo a confidence vote in Dewan Rakyat when it sits this month.

Earlier this week, DAP secretary-general Lim Guan Eng said that a motion of confidence must be tabled in the lower house when it sits, warning that failure to do so would be unconstitutional and an act of defiance against the King.

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