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constitution. The same is the case with the dismissal of the Prime
Minister. As a generalprinciple, the head of the statehas no power to
dismiss Prime Minister becausehe representsthe massesand is the
symbol of general will, but in situations.where the Prime Minister
violates democratic principles and destroys the sanctity of the
constitution, the head of the state may dismiss him or dissolve the
parliament.This situationariseswhena Prime Minister refusesto resign
despite losing the confidenceof the house or when a Prime Minister
preventsa claim that he has lost the confidenceof the House from being
tested at the floor of the House.As it is the violation of the democratic
principle, the Malaysianconstitutiongives powerto the Yang di Pertuan
Agong to dismiss a Prime Minister. In fact the democratic system
functions andworks successfullyif peoplefollow democraticprinciples,
manifest democratic spirit and developa democraticcult. Otherwise, it
will only be a mockery.
The Prime Minister, in a parliamentary system, enjoys a
commanding position vis-a-vis his colleagues. He selects cabinet
ministers and may also dismissthem whenhe is not satisfied with their
performance. A minister remains in office as long as he enjoys the
confidence of the Prime Minister or else he must resign. In case of
refusal to resigna crisis comesinto being. In sucha situationthere are
only two solutions. The Prime Minister either advisesthe head of the
state to dismiss the minister concerned or, alternately, the Prime
Minister resigns along with his cabinetand forms a new cabinet.These
abnormal conditions arise when the system is not run in the true
democratic spirit or whenthe participantsin the systemare not properly
schooledin the theory andpracticeof a cabinetgovernment.
It should, therefore, be apparentthat in a constitutional democracy
the position of the head of the stateis symbolicand nominal becausehe
has not beendirectly electedby the masses.Against it, the actual power
rests in the hand of the Prime Minister becausehe is elected by the
masses and, as such, representsthe will and interest of the public.
Further, he is accountableto the public for his policies. The provisions
of the constitution regardinghis role in the governmentand relation
with his colleagues are in tune with the principle and spirit of
democracyratherthan an anomaly.
The authorhas tried to explain how a Prime Minister functions and
exerciseshis power. A Prime Minister, accordingto him, has to operate
in certain political realities, and, thus, he has to make certain
compromiseswith the situation.He sometimesyields to the pressureof
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