Malaysia legislation
Article 43
Article 43
Cabinet
(1)
The Yang di-Pertuan Agong shall appoint a Jemaah
Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.
(2)
The Cabinet shall be appointed as follows, that is to say—
(a)
the Yang di-Pertuan Agong shall first appoint as Perdana
Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and
(b)
he shall on the advice of the Prime Minister appoint other
Menteri (Ministers) from among the members of either
House of Parliament;
but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of 49
[Article 42]
Federal Constitution
Art. 43
See Art. 57(1a).
Federal Constitution
Representatives, and in any other case he is a member either of that House or of the Senate.
(3)
The Cabinet shall be collectively responsible to Parliament.
(4)
If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
(5)
Subject to Clause (4), Ministers other than the
Prime Minister shall hold office during the pleasure of the
Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign his office.
(6)
Before a Minister exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertuan
Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule.
(7)
Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under Article 17*
shall not be appointed Prime Minister.
(8)
(Repealed).
(9)
Parliament shall by law make provision for the remuneration of members of the Cabinet.
Deputy Ministers 43a. (1) The Yang di-Pertuan Agong may on the advice of the
Prime Minister appoint Deputy Ministers from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.
(2)
Deputy Ministers shall assist Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers.
*This Article has been repealed by section 5 of the Constitution (Amendment) Act 1962
[Act 14/1962] w.e.f. 1 July 1963—see L.N. 105/1963. See also notes on Article 17.
50
[Article 43]
Federal Constitution
Art. 43—(cont.)
Clause (5)
a. The words “unless the appointment of any Minister shall have been revoked by the
Yang di-Pertuan Agong on the advice of the Prime Minister” were inserted by
Act 10/1960, section 5, in force from 31-05-1960.
b. See Art. 43a(3).
Clauses (6) & (8): See Art. 43a(3).
Clause (8): Repealed by Act A857, section 2, in force from 20-08-1993.
Clause (9): See Members of Parliament (Remuneration) Act 1980 [Act 237].