Written Dara Waheda, is senior manager of the Institute for Democracy and Economic Affairs (IDEAS).

Malaysia’s political landscape has changed dramatically since 2018. Coalition breakdowns, shifting alliances and mid-term government transitions are no longer exceptional events. They are increasingly becoming part of Malaysia’s democratic reality.

Yet despite this transition into a more competitive and fluid political system, Malaysia still lacks one important democratic safeguard: comprehensive and publicly accessible caretaker government guidelines.

This gap is no longer merely academic or procedural. It has become a pressing governance concern, particularly as speculation grows over possible early state elections and even the prospect of an early general election.

In any parliamentary democracy, when parliament or a state legislative assembly is dissolved, the government does not simply disappear. Ministers remain in office temporarily to ensure continuity of administration until a new government is formed. However, during this interim period, governments are expected to exercise restraint because they no longer enjoy the same level of democratic legitimacy and parliamentary accountability.

This is the essence of a caretaker government.

Malaysia already implicitly recognises this concept through constitutional practice, political convention and administrative statements. Various political actors and senior civil servants have acknowledged that caretaker governments should avoid making decisions that bind future administrations or impose significant financial obligations on incoming governments.

But acknowledgement alone is insufficient.

What Malaysia lacks is a clear, detailed and publicly accessible framework setting out when caretaker conventions begin and end, what governments may or may not do during election periods, what restrictions apply to government announcements, appointments and procurement and how public resources should be safeguarded from partisan misuse.

Without clear guidelines, uncertainty inevitably arises.

Can governments continue announcing allocations during elections? Can major projects be launched? Can contracts be signed? Can official government programmes be used for political messaging? Can public resources be deployed in ways that indirectly benefit incumbents? These questions repeatedly surface during every major election cycle because the boundaries remain unclear.

This becomes even more important as Malaysia enters an era of longer and potentially more frequent election periods. The 2022 general election and the 2023 state elections saw caretaker periods extending well beyond 40 days in several states. In an increasingly fragmented political environment, future coalition instability or early dissolutions could result in even longer transition periods. Longer caretaker periods naturally increase the risks associated with abuse of incumbency advantages.

This is precisely why many Westminster democracies such as Australia, New Zealand, the UK and Canada have developed detailed caretaker conventions and guidance documents. Although practices differ slightly across jurisdictions, several common principles consistently emerge.

Caretaker governments are generally expected to avoid major policy decisions, significant appointments, large procurement commitments and government advertising or publicity campaigns that may be perceived as partisan.

Where urgent decisions become unavoidable, consultation with opposition parties or temporary arrangements is often encouraged to preserve public confidence and democratic legitimacy.

Importantly, caretaker conventions do not prevent governments from functioning altogether. Governments must still administer the country, maintain public services and respond to emergencies. However, the principle underlying caretaker conventions is simple: governments should avoid making major decisions that could bind or advantage one political side during a period when electoral outcomes remain uncertain.

IDEAS’ recently launched policy paper, “Guidance for Malaysia’s Caretaker Government: Lessons from Four Commonwealth Jurisdictions”, outlines these principles clearly.

However, one important lesson that also emerges is that caretaker conventions are most effective when they operate within political systems where democratic norms, institutional restraint and respect for unwritten conventions are already deeply entrenched.

Malaysia’s political environment remains far more fragile and contested. In the absence of strong political norms, relying solely on informal understandings may not be sufficient to prevent abuse of incumbency advantages during election periods.

This is why any future caretaker framework for Malaysia should not merely consist of aspirational guidelines. It should also be supported by clear institutional oversight, administrative enforcement mechanisms and transparent accountability processes to ensure compliance and public confidence.

Malaysia does not need to reinvent the wheel

There are already growing calls from civil society organisations, parliamentary committees and governance experts for comprehensive caretaker government guidelines. Bersih’s “No Conditions, No Campaign, No Candidates” principle, for example, reflects legitimate concerns regarding the misuse of government machinery during elections.

The National Anti-Corruption Plan 2019–2023 also recognised the importance of introducing guidelines on the role of a caretaker government. Yet despite these recommendations, Malaysia still does not have a publicly accessible and comprehensive framework comparable to other Commonwealth democracies.

This institutional gap becomes increasingly difficult to justify as Malaysia’s democratic transition deepens.

Clear caretaker government guidelines would benefit not only politicians and political parties but also civil servants, government agencies, contractors and the wider public. More importantly, they would strengthen public trust in electoral integrity and democratic governance.

As Malaysia moves further into coalition politics and increasingly competitive elections, relying solely on vague conventions and informal understandings is no longer sufficient. Democratic transitions should not depend on political discretion alone. They require clear rules, institutional safeguards and public accountability.

Whether or not an early election eventually materialises, one reality is becoming increasingly clear. Malaysia’s democracy has evolved faster than its transition safeguards.

It is time for the rules governing caretaker governments to evolve as well.

This article was featured in The Edge Malaysia, 30 June 2026

The views expressed in this article are solely those of the authors and do not necessarily represent the views or positions of IDEAS Malaysia. All opinions are the author’s own.