Cheah said Clause 4 of the MoU could pose a legal problem as it seemed to go against the anti-party hopping law.
Leong, who was involved in the drafting of the MoU signed by component parties in support of the unity government, said critics of the clause were unfamiliar with the partisan system and the role of party whips in the country’s parliamentary system.
“The requirement for an MP to vote according to his party whip’s direction is far from being undemocratic.
“It is in fact an essential mechanism to ensure the proper functioning of government and parliamentary democracy,” Leong said in a statement.
“The elected representatives freedom is subject to party discipline, instructions from party whips, codes of conduct and party constitutions.”
Clause 4 had drawn criticism as it requires MPs of all political parties who had signed the MoU to vote in support of the prime minister in votes of confidence and other matters that would affect the unity government’s legitimacy.
The clause also states that failure, refusal or negligence by a government MP to vote in support of the unity government would be considered as a breach of individual responsibility to the party and the MP would therefore be deemed as having resigned or ceased to be an MP within the framework of Article 49A(1) of the Federal Constitution. This will then trigger a by-election.
Leong, who is from PKR, said when it came to voting, an MP had to ensure Parliament could carry out its functions and business efficiently and effectively.
This would allow the government to “separate the wheat from the chaff”, he said in reference to honest dissenters or those who did so in hopes of gaining favours.
Citing Indian case law, Leong said the Bar’s concern that the clause sacrificed democratic practices and the rule of law on the altar of political stability was unwarranted.
“An MP is bound by his party constitution and is liable to be disciplined according to its terms,” he said.
Leong also stressed that Clause 4 did not overreach Article 49A, as claimed by the Bar, since the clause only applied to motions of confidence, supply Bills and procedural motions that would affect the legitimacy of the government.