# Majority Confidence: The Constitutional Requirements for Appointing the Prime Minister and Cabinet

> A descriptive account of Articles 39 to 43C of the Federal Constitution — the majority-confidence test for appointing the Prime Minister, how other Ministers are appointed on advice, the Cabinet's collective responsibility to Parliament, and the statutory relationship between the Cabinet and the Yang di-Pertuan Agong.

- Category: government
- Language: en
- Status: published
- Updated: 2026-07-24
- Canonical: https://negaraku.md/en/government/kabinet-perdana-menteri

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No voter in Malaysia marks a ballot paper reading "Prime Minister". A general
election ballot paper names candidates for a single Dewan Rakyat constituency
only.

The office is filled after the vote, through a test set out in a single
sentence of the Federal Constitution — and that sentence mentions no party,
no coalition and no seat count.

## At a glance

| | |
| --- | --- |
| Constitutional basis | Articles 39–43C, Part IV Chapter 3 of the Federal Constitution |
| Who appoints the Prime Minister | The Yang di-Pertuan Agong, Article 43(2)(a) |
| Appointment test | A member of the Dewan Rakyat who in the judgment of the Yang di-Pertuan Agong is likely to command the confidence of the majority of members of the Dewan Rakyat |
| Who appoints other Ministers | The Yang di-Pertuan Agong on the advice of the Prime Minister, Article 43(2)(b) |
| Where Ministers are drawn from | Members of either House of Parliament — the Dewan Rakyat or the Dewan Negara |
| Responsibility | Collective, to Parliament, Article 43(3) |
| Dewan Rakyat membership | Two hundred and twenty-two elected members, Article 46(1) |
| Oaths | Oaths of office, allegiance and secrecy in the Sixth Schedule, Article 43(6) |
| Amendment threshold | Two-thirds of the total membership of each House, Article 159(3) |

## Where executive authority actually lies

Article 39 vests the executive authority of the Federation in the Yang
di-Pertuan Agong. That authority may be exercised by him, or by the Cabinet,
or by any Minister authorised by the Cabinet — and Parliament may, by law,
confer executive functions on other persons.

Article 43(1) then requires the Yang di-Pertuan Agong to appoint a Cabinet
**to advise him in the exercise of his functions**. That is the formulation
the Constitution uses: the Cabinet exists as an advisory body to the holder
of executive authority.

Article 40(1) completes that loop. In carrying out his functions under the
Constitution or federal law, the Yang di-Pertuan Agong shall act in
accordance with the advice of the Cabinet or of a Minister acting under the
general authority of the Cabinet, except as otherwise provided by the
Constitution. The same Article gives him the right, on his request, to any
information concerning the government of the Federation that is available
to the Cabinet.

Article 40(1A), which was inserted by Act A885 and came into force on 24
June 1994, states this more firmly: where the Yang di-Pertuan Agong is
required to act in accordance with advice, on advice, or after considering
advice, he **shall accept and act in accordance with that advice**.

## The appointment test: one sentence, two conditions

Article 43(2)(a) provides that the Yang di-Pertuan Agong shall first
appoint as Prime Minister, to preside over the Cabinet, a member of the
Dewan Rakyat who in his judgment is likely to command the confidence of the
majority of members of that House.

There are only two conditions in that sentence:

1. **The candidate must be a member of the Dewan Rakyat.** Not the Dewan
   Negara. This is the only office in Article 43 restricted to a single
   House.
2. **In the judgment of the Yang di-Pertuan Agong, the candidate is likely
   to command the confidence of the majority of members of the Dewan
   Rakyat.** That judgment is placed with the Yang di-Pertuan Agong.

A further restriction sits in Article 43(7): a person who became a citizen
by naturalisation, or by registration under Article 17, may not be
appointed Prime Minister. An official note in the reprint records that
Article 17 itself was repealed by Act 14/1962 with effect from 1 July 1963.

Article 46(1) sets the [Dewan Rakyat](/en/government/dewan-rakyat) at two
hundred and twenty-two elected members. A majority of a House of 222 means
at least 112 members.

### What Article 43 does not say

This is the part most often left out of popular summaries. The text of
Article 43 **does not** mention:

- the name of any political party or coalition;
- the concept of the "party that wins the most seats";
- any specific method for determining majority confidence — whether by
  statutory declaration, letters of support, an interview, a vote in the
  House, or any other method.

The Constitution sets **the test**, not **the procedure**. Majority
confidence of members of the Dewan Rakyat is the measure; how that measure
is taken is not codified in Article 43.

## Other Ministers: appointed on advice, from either House

Once the Prime Minister is appointed, Article 43(2)(b) takes over. On the
advice of the Prime Minister, the Yang di-Pertuan Agong shall appoint other
Ministers from among members of either House of Parliament.

Note two differences from the appointment of the Prime Minister. The
appointment of other Ministers is made **on advice**, not at discretion.
And the pool of candidates is wider: members of the
[Dewan Negara](/en/government/dewan-negara) are also eligible.

Article 43(2) contains a proviso for a Parliament that has been dissolved.
If an appointment is made while Parliament is dissolved, a person who was a
member of the outgoing Dewan Rakyat may be appointed, but may not continue
to hold office after the commencement of the next term of Parliament unless
— if he was appointed Prime Minister — he is a member of the new Dewan
Rakyat; and in any other case, he is a member of either the Dewan Rakyat or
the Dewan Negara.

Once appointed, Article 61(1) gives every member of the Cabinet the right
to take part in the proceedings of the other House of Parliament, in
addition to his rights as a member of his own House. Article 61(3)
clarifies the limit: that right does not entitle anyone who is not a member
of a House to vote in that House.

## Collective responsibility is not merely a convention

Article 43(3) consists of one short sentence: the Cabinet shall be
collectively responsible to Parliament.

In many other Westminster systems, collective responsibility is an
unwritten convention. In Malaysia it is placed in the text of the
Constitution itself, as a stated obligation.

Its practical effect can be seen in the wording of Article 43(4), which
ties the fate of the entire Cabinet to the standing of one Prime Minister —
not to the individual performance of Ministers.

Article 38(3) shows that collective responsibility from a different angle.
When the [Majlis Raja-Raja](/en/government/majlis-raja-raja) deliberates on
a matter of national policy, the Yang di-Pertuan Agong shall be accompanied
by the Prime Minister, and that deliberation is among the functions
exercised by the Yang di-Pertuan Agong in accordance with the advice of the
Cabinet.

## When majority confidence is lost

Article 43(4) provides that if the Prime Minister ceases to command the
confidence of the majority of members of the Dewan Rakyat, then the Prime
Minister shall tender the resignation of the Cabinet, unless at his request
the Yang di-Pertuan Agong dissolves Parliament.

Only two paths are stated, and the second does not lie entirely in the
Prime Minister's hands. Article 40(2) lists functions that may be exercised
by the Yang di-Pertuan Agong **in his own discretion**:

| Article | Discretionary function |
| --- | --- |
| 40(2)(a) | Appointing a Prime Minister |
| 40(2)(b) | Withholding consent to a request for the dissolution of Parliament |
| 40(2)(c) | Requesting a meeting of the Majlis Raja-Raja concerned solely with the privileges, position, honours and dignities of the Rulers, and any action at that meeting |

Article 40(2) closes with the phrase "and in any other case mentioned in
this Constitution", so that list is not a closed one.

If dissolution occurs, Article 55 takes over the timing. Unless sooner
dissolved, Parliament continues for five years from the date of its first
meeting and then stands dissolved. When Parliament is dissolved, a general
election shall be held within sixty days from the date of dissolution, and
Parliament shall be summoned to meet on a date not later than one hundred
and twenty days from that date.

## Tenure, oaths and remuneration

Article 43(5) provides that, subject to Article 43(4), a Minister other
than the Prime Minister shall hold office during the pleasure of the Yang
di-Pertuan Agong — unless the appointment of any Minister has been revoked
by the Yang di-Pertuan Agong on the advice of the Prime Minister. Any
Minister may also resign his office. The phrase on revocation on the advice
of the Prime Minister was inserted by Act 10/1960 and came into force on 31
May 1960.

The words "subject to Clause (4)" matter: when Article 43(4) is triggered,
the resignation covers the Cabinet as a body.

Article 43(6) requires every Minister, before exercising the functions of
his office, to take and subscribe before the Yang di-Pertuan Agong the
three oaths set out in the Sixth Schedule: the oath of office, the oath of
allegiance, and the oath of secrecy.

Article 43(9) requires Parliament to make provision by law for the
remuneration of members of the Cabinet. An official note in the reprint
refers readers to the Members of Parliament (Remuneration) Act 1980 [Act
237]. Article 43(8) was repealed by Act A857 with effect from 20 August
1993.

## Three other offices often confused with it

Articles 43A, 43B and 43C create three separate roles that are often
equated with membership of the Cabinet.

| Office | Article | Appointed by | Must be a Member of Parliament? |
| --- | --- | --- | --- |
| Deputy Minister | 43A | Yang di-Pertuan Agong on the advice of the Prime Minister | Yes — either House |
| Parliamentary Secretary | 43B | Prime Minister | Yes — either House |
| Political Secretary | 43C | Prime Minister | No |

A Deputy Minister assists a Minister in the discharge of his duties and
functions, and for that purpose has all the powers of a Minister. Article
43A(3) applies Articles 43(5) and 43(6) to them, so tenure and the
obligation to take oaths are the same.

A Parliamentary Secretary assists a Minister and a Deputy Minister, and for
that purpose has all the powers of a Minister and a Deputy Minister. His
appointment may be terminated at any time by the Prime Minister, and his
oath of secrecy is taken before the Prime Minister, not the Yang
di-Pertuan Agong.

The Political Secretary stands out because Article 43C(2)(a) states that
they **need not** be a member of either House of Parliament. Their duties,
functions and remuneration are determined by the Cabinet under Article
43C(4).

For the purposes of Article 61 only, the definition of "member of the
Cabinet" in Article 61(4) includes a Deputy Minister and a Parliamentary
Secretary.

## Common mistakes

**"Citizens vote for the Prime Minister."** The ballot paper is a Dewan
Rakyat constituency ballot paper. The appointment of the Prime Minister
happens under Article 43(2)(a), after the election result is known.

**"The leader of the party that wins the most seats automatically becomes
Prime Minister."** The test in Article 43(2)(a) is majority confidence of
members of the Dewan Rakyat. The text does not mention any party or the
highest seat count.

**"Ministers can be appointed from outside Parliament."** Article 43(2)(b)
requires Ministers to be drawn from among members of either House of
Parliament. Only the Political Secretary under Article 43C is exempt from
the membership requirement.

**"A senator cannot become a Minister."** He can — Article 43(2)(b) refers
to either House of Parliament. The restriction to the Dewan Rakyat applies
to the Prime Minister only.

**"Losing a majority means an election."** Article 43(4) states resignation
as the default outcome; dissolution only occurs if the Yang di-Pertuan
Agong consents to the request, and Article 40(2)(b) lists refusal of that
request as a discretionary function.

**"Collective responsibility is only a practice."** Article 43(3) states it
expressly in the text of the Constitution.

## Amending any of these provisions

The provisions in Article 43 cannot be amended through ordinary
legislation. Article 62(3) allows each House of Parliament to decide by a
simple majority of members voting, but that clause is itself stated to be
subject to, among others, Article 159(3).

Article 159(3) requires that a Bill to make any amendment to the
Constitution shall not be passed in either House of Parliament unless it
has been supported on Second and Third Reading by the votes of **not less
than two-thirds of the total number of members of that House**.

That threshold is calculated on total membership, not on the number
present and voting.

## What's next

- Read the [Federal Constitution](/en/law/federal-constitution) for the
  full structure of the document containing Articles 39 to 43C.
- Read [Yang di-Pertuan Agong](/en/government/yang-di-pertuan-agong) for
  the other side of this relationship — functions exercised on advice
  versus discretionary functions under Article 40.
- Read [Dewan Rakyat](/en/government/dewan-rakyat) and
  [Dewan Negara](/en/government/dewan-negara) to understand the two Houses
  from which the Cabinet is formed, and
  [Parliament of Malaysia](/en/government/parliament) for the institution
  to which the Cabinet is collectively responsible.
- Read [how a bill becomes law](/en/law/how-a-bill-becomes-law) for the
  legislative route steered by the executive through both Houses.
- For the text in force, refer to the reprint of the Federal Constitution
  on the Laws of Malaysia portal, `lom.agc.gov.my`. Note the notice on the
  front page of that Malay-language reprint itself: the text is a
  translation by the Attorney General's Chambers, and unless and until
  declared authoritative under Article 160B, it is not law. Also check
  whether a newer reprint has since been published.

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*This article is classified as sensitive (3R+1: constitutional matters)
under NegaraKu.md's editorial policy. It is written to be purely
descriptive — covering only the constitutional text and structure, without
reference to any individual, party or government — and is held as a
temporary draft pending human review before publication. Matters that
could not be verified against official sources are listed in
`verificationNeeded` and are not published.*

## Sources

- Perlembagaan Persekutuan (Cetakan Semula — sebagaimana pada 15 Oktober 2020) — https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/MY/Perlembagaan%20Persekutuan%20(Cetakan%20Semula%202020).pdf (Pesuruhjaya Penyemak Undang-Undang, Malaysia / Jabatan Peguam Negara)
- Laws of Malaysia — portal rasmi perundangan persekutuan (Federal Constitution) — https://lom.agc.gov.my/federal-constitution.php (Jabatan Peguam Negara Malaysia)
- Portal Rasmi Parlimen Malaysia — https://www.parlimen.gov.my/ (Parlimen Malaysia)

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