COMMENT | The consensus among poll-watchers is that it will be a close outcome after the ballots are counted and results announced this weekend: a finish too close to call.

But what happens if none of the coalition crosses the magic line of 112 seats? How would the new prime minister be appointed?

The critical point to keep in mind is that the new prime minister must represent the popular will. He must enjoy the mandate of the voters who just expressed their choice at the ballot box.

The legal position is clear. Article 43(2)(a) of the Federal Constitution provides that the Yang di-Pertuan Agong shall first appoint as prime minister a member of the Dewan Rakyat ”who in his judgment is likely to command the confidence of the majority of the members of the Dewan”.

This goes to the heart of parliamentary democracy, not just in Malaysia, but across the globe, whether practised in the Westminister tradition or otherwise.

Unlike the presidential system, in Malaysia the government is responsible and accountable to the elected House, the Dewan Rakyat; in particular, to get legislation through, including the annual budget.

Hence, it is a condition precedent for the person appointed as...