THE LEGISLATURE Legislative authority in Malaysia is vested by the Constitution in Parliament (Article 44 of the Federal Constitution) and the

State Legislative Assemblies (Article 7 and 74)! Article 44 defines Malaysian Parliament as consisting of the "ang di# Pertuan Agong$ Dewan Rakyat and Dewan Negara! %he Parliament is thus a bicameral legislature! %he State Legislative Assemblies are unicameral$ having only one house! Currently the Dewan Rakyat consists of &&& elected members! %he Dewan Negara consists of 7' elected and a((ointed members as follo)s* &+ state re(resentatives (& from each state) elected by State Legislative Assemblies ,e(resentatives of the Federal %erritories of -uala Lum(ur (&)$ Labuan (.) and Putra/aya (.) a((ointed by the "ang di#Pertuan Agong 4' other members a((ointed by the "ang di#Pertuan Agong! Sessions, Meetings and Sittings of Parliament A Parliament continues for a (eriod of five years from the date of its first meeting$ unless it is sooner dissolved! 0n the e1(iry of the five# year (eriod$ the Parliament stands dissolved by o(eration of la) 2Article 33( )4! 5issolution terminates the membershi( of all members of the Dewan Rakyat ()hose members are elected through direct elections)$ though not the Dewan Negara! Article 43( ) of the Federal Constitution states* %he term of office of a member of the Senate shall be three years and shall not be affected by dissolution of Parliament! A general election must be held )ithin +' days of dissolution and the ne) Parliament must be summoned )ithin .&' days of dissolution! 0n being summoned$ the Parliament is then being 6in session7 (Malay* Penggal)! A (arliamentary session lasts for about one year! 8y convention$ a session begins )ith the 6s(eech from the throne7$ in )hich the government outlines its legislative (rograms for the session$ and ends )hen Parliament is (rorogued! 8efore being dissolved on . February &''9$ the Parliament is in its 4th session!

A session consists of a number of meetings (Malay* Mesyuarat)$ of )hich there are usually five or si1 in a session! A meeting consists of a number of sittings! Any (eriod in )hich the Parliament deliberates )ithout ad/ournment constitutes a sitting! Legislative Procedure Pre-Parliamentary Legislative Procedure %he Cabinet considers overall (olicy of legislation %he (arliamentary draftsmen at the Attorney#:eneral;s Chamber draft a 8ill (Malay* Rang Undang-Undang) )ith consultation of relevant de(artments or ministries %he Cabinet a((roves the 8ill for (resentation to both houses of Parliament

Parliamentary Legislative Procedure %)o ty(es of 8ill* :overnment 8ill # a 8ill )hich is introduced by the :overnment! Private Members; 8ill # a 8ill )hich is introduced by the individual member of Parliament!

A 8ill may originate from both houses of Parliament! A financial legislation$ ho)ever$ may only be introduced by a Minister in the Dewan Rakyat (Article +7)! Procedures: First ,eading # A 8ill is first introduced in one of the t)o houses! 0nly the title of the 8ill is actually read! Second ,eading # Members debate the 8ill! <f acce(ted$ it is (assed on for consideration by a committee of the house! Committee Stage # Considers the 8ill in detail and may amend any (art of it! A re(ort is then (re(ared and submitted to the house! %hird ,eading # 5ebate ta=es (lace! %he house then either (asses or defeats the 8ill! 0ther >ouse # ?hen a 8ill (assed one house$ it is sent to the other house$ )here it follo)s a similar (attern! <f amended$ the 8ill should be returned to the other house for a((roval! ,oyal Assent # ?hen the 8ill (assed both houses$ it is sent to the "ang di#Pertuan Agong for the ,oyal Assent! %he "ang di#Pertuan Agong shall )ithin thirty days after a 8ill is (resented to him

assent to the 8ill 2Article ++(4)4! <f a 8ill is not assented to by the "ang di#Pertuan Agong$ it shall become la) at the e1(iration of the thirty#day (eriod 2Article ++(4A)4! Voting @ormally a 8ill is ado(ted by a sim(le ma/ority vote of those members (resent and voting! >o)ever$ a 8ill for ma=ing amendment to the Federal Constitution shall not be (assed in either >ouse of Parliament unless it has been su((orted on Second and %hird ,eadings by the votes of not less than t)o#thirds of the total number of members of that >ouse (Article .3A)!

Qualification of Membership %o Bualify as a Member of Parliament$ a (erson must be* A Malaysian citiCen A resident in the Federation @ot less than &. years of age (or the Dewan Negara) @ot sub/ect to a disBualification

' in the case of a member of

5isBualification occurs )hen a (erson* <s and has been found or declared to be of unsound mind <s an un#discharged ban=ru(t >olds an office of (rofit As a candidate or election agent has failed to lodge any return of election e1(enses as reBuired by statute$ or is guilty of s(ecified election offences >as been convicted of any offence in Malaysia and sentenced to not less than ,M &'''$ and has not received a free (ardon >as voluntarily acBuired citiCenshi( of$ or e1ercised rights of citiCenshi( in$ any country outside the Federation or has made a declaration of allegiance to any such countryD or <s absent )ithout leave of the >ouse from every sitting for a (eriod of si1 months$ or fails to ta=e his seat )ithin three months of the first sitting of Parliament after his or her election automatic or required a decision by

Is disqualification of membershi the !ouse"

<n #an $ew %eng & 'etiausaha Dewan Rakyat 2.A734 . MLE 4'$ Mr! Fan "e) %eng$ a 5AP Member of Parliament had been convicted of an offence under the Sedition Act .A49 and fined ,M &'''! >e a((ealed but a )rit for a by#election for his constituency )as issued! %he >igh Court held that the conviction did not automatically disBualify him$ but reBuired a decision of the >ouse! %he election )rit )as therefore invalid! 8ut soon after$ the constitution )as amended to (rovide for automatic disBualification u(on the e1(iry of .4 days of conviction 2Article 49(4)$ (3)4! (an a Member of Parliament contract with his the arty leader" arty to resign at will of

<n Datuk )ng *ee !ui & 'inyium +nak Mutir 2.A9 4 . MLE +$ the Su(reme Court held that an MP;s contract to resign his seat in Parliament at the )ill of the (arty leader$ )ho =e(t signed but undated letters of resignation$ )as not enforceable! Article 3.of the Federal Constitution sti(ulates that resignation should be a voluntary act! >o)ever$ Article 49(+) (rovides that a Member of Dewan Rakyat )ho resigns his seat )ould be barred from being a member of the >ouse for five years! %he Article )as introduced in .AA' to (revent forced by# elections (usually done by the 0((osition to embarrass the government) Floor-Crossing <n Sabah and -elantan$ )hen both states )ere controlled by the 0((osition$ the State Constitution )as amended to (rovide for a 6floor# crossing statute7$ under )hich if a member of the State Legislative Assembly ceases to be a member of the (olitical (arty for )hich he )as elected$ he vacates his seat in the Assembly! %he (ur(ose of this (rovision is to (revent (arty ho((ing (i!e! a member of the Assembly defects to the rival (olitical (arty)! >o)ever$ in Nordin 'alleh & 'tate ,egislati&e +ssembly- *elantan 2.AA 4 MLE 44$ the Su(reme Court held that the -elantan amendment )as unconstitutional as being contrary to the freedom of association guaranteed by Article .'(.)(c) of the Federal Constitution! Parliamentary Privilege Fsually$ members of (arliament are e1em(ted from legal liability for their actions and )ords uttered in Parliament! %he (ur(ose of this (arliamentary (rivilege is to defend members of (arliament from interference )ith the freedom of their deliberations! Article + (rovides*

(.) %he validity of any (roceedings in either >ouse of Parliament or any committee thereof shall not be Buestioned in any court! (&) @o (erson shall be liable to any (roceedings in any court in res(ect of anything said or any vote given by him )hen ta=ing (art in any (roceedings of either >ouse of Parliament or any committee thereof! ( ) @o (erson shall be liable to any (roceedings in any court in res(ect of anything (ublished by or under the authority of either >ouse of Parliament! >o)ever$ there are e1ce(tions to this (rivilege! Clause (4) and (3) of Article + (rovides* (4) Clause (&) shall not a((ly to any (erson charged )ith an offence under the la) (assed by Parliament under Clause (4) of Article .' or )ith an offence under the Sedition Act .A49 .+ct /01 as amended by the Gmergency (Gssential Po)ers) 0rdinance @o! 43$ .A7' .P2U2 .+1 34356712 (3) @ot)ithstanding Clause (4)$ no (erson shall be liable to any (roceedings in any court in res(ect of anything said by him of the "ang di#Pertuan Agong or a ,uler )hen ta=ing (art in any (roceedings of either >ouse of Parliament or any committee thereof e1ce(t )here he advocates the abolition of the constitutional (osition of the "ang di#Pertuan Agong as the Su(reme >ead of the Federation or the constitutional (osition of the ,uler of a State$ as the case may be! <n Mark *oding & Public Prosecutor 2.A9 4 . MLE ...$ a Member of Parliament )as convicted of sedition )hen he advocated in Parliament the closure of Chinese and %amil schools! Parliamentary (rivilege does not e1tend to (arliamentary matters discussed outside Parliament! <n Public Prosecutor & ,im *it 'iang 2.A7A4 & MLE 7$ the Leader of the 0((osition Buestioned the (urchase of military hard)are$ revealing in the (rocess matters covered by the 0fficial Secrets Act! <t )as held that (arliamentary (rivilege )as not a defense as the remar=s )ere made outside (arliament! House Spea er %he S(ea=er of Dewan Rakyat must not necessarily be an MP! A 5e(uty S(ea=er$ ho)ever$ must be an MP!

%he President and 5e(uty President of Dewan Negara must be members of the >ouse! !pposition Leader %he Leader of 0((osition is a (osition recogniCed by the la) )hich (rovides for his salary! Follo)ing is the list of the Leaders of 0((osition since .A+9* Lim -it Siang (.A+9 # .AAA) FadCil @oor (.AAA # &''&) >adi A)ang (&''& # &''4) Lim -it Siang (&''4 # &''9)

Standing !rders %he (rocedure of Dewan Rakyat is governed by its o)n Standing 0rder and the (ractice and decisions of the S(ea=er! %here is a Standing 0rder Committee$ )hich recommends changes from time to time! %he Standing 0rder governs matters such as the time that should be devoted to government and o((osition businessD motion on matters of (ublic urgencyD (rohibition of seditious or un#(arliamentary )ordsD etc! "he #e$an %egara %he (ur(oses of Dewan Negara are* %o enable e1(erienced and talented (ersons to serve in a legislative ca(acity %o act as a chamber of second thoughts to allo) for more reflections than )ould other)ise be (ossible in the heat of (arty (olitical debate in the Dewan Rakyat %o ensure re(resentation of the States in the legislative (rocess

Article 43(4) allo)s Parliament to* .a1 <ncrease to three the number of members to be each StateD .b1 Provide that the members to be elected for each be so elected by the direct vote of the electors of that .c1 5ecrease the number of a((ointed members a((ointed members! elected for State shall StateD or abolish