A caretaker government which will come into effect after a State Legislative Assembly or the Dewan Rakyat is dissolved is empowered to administer until a general election is held but is subject to limitations on its authority.
Constitutional law expert Datuk Dr Cyrus Das said a caretaker government should not make any new policy or enter significant government contracts that can bind any future government.
In addition, it should neither make new expenditure commitments other than a routine kind nor make any public appointment that an incoming government will be bound to honour.
“A caretaker government is fundamentally engaged in a holding operation with the object of keeping the machinery of government functional in a routine way until the people elect the future government,” said Dr Das in an article that will be published in The Star the day after Parliament is dissolved.
He said a caretaker government was not referred to in the Federal Constitution but instead a parliamentary or constitutional convention.
A caretaker government might arise following the dissolution of Parliament or when the old government continued in a caretaker capacity until a new government was formed due to a hung parliament or when it lacked a clear mandate in any political party, he said.
The defeat of an incumbent government on a confidence vote in parliament was another instance where the instance of a caretaker government might arise, added Dr Das.
Election Commission chairman Tan Sri Abdul Aziz Mohd Yusof, meanwhile, said the Negri Sembilan State Legislative Assembly Speaker would notify the commission upon either the dissolution or expiry of the state's legislature.
“The Speaker will inform the commission that there has been a vacancy and that a general election must be held in 60 days, after which the commission, based on the Speaker's letter, will make a decision on nomination and polling dates,” said Abdul Aziz.
He said that upon the dissolution of the Negri Sembilan State Legislative Assembly, all state assemblymen would no longer receive their allowances.
The speaker, Mentri Besar and exco, however, will continue to receive their allowances as they will continue to run the state until the new state government is formed.
“A caretaker government is needed to advise the Yang Di-Pertuan Besar on matters regarding the administration of the state after dissolution which require a decision.
“What they should limit themselves to is the implementation of decisions based on policies and budget set by the now-dissolved government,” said Abdul Aziz.
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