These are my views on the Perak coup and the related issues:
1. Elected representative has every right to change his/her affiliation, but no right to bring the voters’ mandate with him. Political parties should make commitment to repeal Article 48A (6) – and similar clauses in state constitutions – which bars an elected representative to re-contest in election for five years after resignation. Instead, a clause can be inserted to Article 51 “Resignation of Members” to the effect that a parliamentarian will be deemed as resigning if s/he changes his/her party affliation without the consent of the party on whose ticket s/he had won the seat.
2. A motion of no-confidence must be passed in the legislative assembly to topple a government. If a major government bill is defeated, which implies an effective no-confidence vote, the incumbent government must be allowed to seek a motion of confidence if it so wishes and is considered to have been ousted after losing such vote. (This is to prevent the defection/partisan act of the speaker who may deny the incumbent government its last chance to prove its viability.)
3. When a motion of no-confidence is passed, the royal consent should not be withheld on the request by the PM/MB/CM to dissolve the Parliament/Assembly. Any exception must be of extraordinary circumstances and well justified. This is to ensure the check-and-balance mechanisms between the Executive and Legislative branches in a parliamentary system – vote of no-confidence and dissolution of the legislature – must not be subverted. An artibrary withholding of the royal consent on this issue effectively renders the Executive powerless before the Legislature.
On Perak, specifically,
1. the swearing-in of the new MB is a coup.
2. the only legitimate government is that headed by Mohd Nizar and supported by others.
3. the best way to solve this crisis is to dissolve assembly dissolution and let the voters decide whom to punish.
My related articles on thenutgraph.com:
Feb 5 – Snap poll best bet
Feb 6 – Perak must not fail