Constitution of Malaysia

PART IV - THE FEDERATION

Chapter 4- Federal Legislature

44

The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Rakyat (House of Representatives).

45

(1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:

(a) two members for each State shall be elected in accordance with the Seventh Schedule; and

(aa) two members for the Federal Territory of Kuala Lumpur and one member for the Federal Territory of Labuan shall be appointed by the Yang di-Pertuan Agong; and

(b) forty members shall be appointed by the Yang di-Pertuan Agong.

(2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.

(3) The term of office of a member of the Senate shall, subject to the provisions of the Seventh Schedule, be three years and shall not be affected by a dissolution of Parliament.

(3A) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:

Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.

(4) Parliament may by law -

(a) increase to three the number of members to be elected for each State;

(b) provide that the members to be elected for each State shall be elected by the direct vote of the electors of that State;

(c) decrease the number of appointed members or abolish appointed members.

46

(1) The House of Representatives shall consist of one hundred and eighty elected members.

(2) There shall be -

(a) one hundred and seventy-two members from the States in Malaysia as follows -

(i) eighteen members from Johore;

(ii) fourteen members from Kedah;

(iii) thirteen members from Kelantan;

(iv) five members from Malacca;

(v) seven members from Negeri Sembilan;

(vi) ten members from Pahang;

(vii) eleven members from Penang;

(viii) twenty-three members from Perak

(ix) two members form Perlis;

(x) twenty members from Sabah;

(xi) twenty-seven members from Sarawak;

(xii) fourteen members from Selangor;

(xiii) eight members from Trengganu; and

(b) eight members from the Federal Territories of Kuala Lumpur and Labuan as follows -

(i) seven members from the Federal Territory of Kuala Lumpur;

(ii) one member from the Federal Territory of Labuan.

47

Every citizen resident in the Federation is qualified to be a member -

(a) of the Senate, if he is not less than thirty years old;

(b) of the House of Representatives, if he is not less than twenty-one years old,

48

(1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if -

(a) he is and has been found or declared to be of unsound mind; or

(b) he is an undischarged bankrupt; or

(c) he holds an office of profit; or

(d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or

(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or

(f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.

(2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either House of Parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.

(3) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the Yang di-pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person and a person shall not be disqualified under paragraph (f) of clause (1) by reason only of anything done by him before he became a citizen.

(4) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2) -

(a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was -

(i) convicted and sentenced as specified in the aforesaid paragraph (e); or

(ii) convicted of an offence or proved guilty of an act under a federal law made in pursuance of Clause (2); or

(b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceedings is brought in respect of such conviction or sentence,or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceedings is disposed of by the court; or

(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceedings specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.

(5) Clause (4) shall not apply for the purpose nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.

49

A person shall not at the same time be a member of both Houses of parliament, nor be elected to the House of Representatives for more than one constituency or to the Senate for more than one State, nor be both an elected and an appointed member of the Senate.

50

(1) If a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant.

(2) If a person disqualified for being a member of the House of Representatives is elected to that House or if a person disqualified for being a member of the Senate is elected or appointed to the Senate or if an election or appointment to either House is contrary to Article 49, the election or appointment shall be avoid.

(3) (Repealed)

(4) A person cannot be validly nominated for election to membership of either House or appointed to the Senate without his consent.

51

A member of either House of Parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the President of the Senate, and if a member of the House of Representatives, to the Speaker of that House.

52

(1) If a member of either House of Parliament is without the leave of the House absent from every sitting of the House for a period of six months the House may declare his seat vacant.

(2) A member of either House of Parliament who has been granted leave of absence from the sittings of the House of which he is a member shall not, for the duration of such leave, participate in any manner in the affairs and business of that House.

53

(1) If any question arises whether a member of a House of Parliament has become disqualified for membership, the decision of that House shall be taken and shall be final:

Provided that this Article shall not be taken to prevent the practice of the House postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

(2) Where a member of either House of Parliament becomes disqualified under paragraph (e) of Clause (1) of Article 48 or under a federal law made in pursuance of Clause (2) of Article 48, Clause (1) shall not apply and he shall cease to be a member of that House, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (4) of Article 48.

54

(1) Save as provided under Clause (3) whenever there is a vacancy among members of the Senate or a casual vacancy among members of the House of Representatives such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy, and an election shall be held or an appointment made accordingly:

Provided that failure to make any such appointment within the period specified in this Clause shall not invalidate any appointment made out of time:

Provided further, if a casual vacancy in the House of Representatives is established on a date within six months of the date Parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled.

(2) (Repealed).

(3) Where a vacancy among members of the Senate relates to a vacancy which shall be filled by a member who shall be elected by a State in accordance with the Seventh Schedule, the provisions of Clause (1) shall not apply to the filling of such vacancy.

55

(1) The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.

(2) The Yang di-Pertuan Agong may prorogue or dissolve Parliament.

(3) Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.

(4) Whenever Parliament is dissolved shall continue for five years from the date of the dissolution and Parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date.

(5) A Bill pending in Parliament shall not lapse by reason of the prorogation of Parliament.

(6) A Bill pending reconsideration by Parliament in pursuance of Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.

(7) A Bill pending the assent of the Yang di-Pertuan Agong under Clause (4) (a) or Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.

56

(1) The Senate shall from time to time choose one of its members to be Yang di-Pertua Dewan Negara (President of the Senate) and one to be Deputy President of the Senate, and shall, subject to Clause (3), transact no business while the office of President is vacant other than the election of a President.

(2) A member holding office as President or Deputy President shall cease to hold his office on the expiry of the term for which he was elected or appointed a member or on otherwise ceasing to be a member of the Senate, or upon being disqualified under Clause (5), and may at any time resign his office.

(3) During any vacancy in the office of President or during any absence of the President from any sitting, the Deputy President or, if the Deputy President is also absent or if his office is also vacant, such other member as may be determined by the rules of procedure of the Senate, shall act as President.

(4) If a member of the Legislative Assembly of a State is chosen to be President he shall resign from the Assembly before exercising the functions of his office.

(5) A member who is elected to be President shall be disqualified from holding office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any renumeration, reward, profit to benefit from it:

provided that such disqualification shall not apply where an organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any renumeration, reward, pr ofit or benefit from it.

(6) Where any question arises regarding the disqualification of the President under Clause (5) the decision of the Senate shall be taken and shall be final.

57

(1) The House of Representatives shall from time to time elect -

(a) as Yang di-Pertua Dewan Rakyat (Speaker), a person who either is a member of the House or is qualified for election as such a member, and

(b) two Deputy Speakers from among members of the House;

and the House shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.

(1A) Any person elected as Speaker who is not a member of the House of Representatives -

(a) shall before he enters upon the duties of his office, take and subscribe before the House the oath of office and allegiance set out in the Sixth Schedule; and

(b) shall, by virtue of holding his office, be a member of the House additional to the members elected pursuant to Article 46:

Provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43A, 43B, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the House.

(2) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office -

(a) when the House first meets after a general election;

(b) on his ceasing to be a member of the House otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1A), on his ceasing to be qualified to be a member;

(bb) upon being disqualified under Clause (5);

(c) if the House at any time so resolves.

(2) A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office -

(a) on his ceasing to be a member of the House;

(b) if the House at any time so resolves.

(3) During any vacancy in the office of the Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.

(4) If a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office.

(5) A person who is elected to be Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any renumeration, reward, profit or benefit from it.

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any renumeration, reward, profit or benefit from it.

(6) Where any question arises regarding the disqualification of the Speaker under Clause (5) the decision of the House of Representatives shall be taken and shall be final.

58

Parliament shall by law provide for the renumeration of the President and Deputy President of the Senate and the Speaker and Deputy Speakers of the House of Representatives, and the renumeration so provided for the President of the Senate and the Speaker of the House of Representatives shall be charged on the Consolidated Fund.

59

(1) Every member of either House of Parliament shall before taking his seat take and subscribe before the person presiding in the House an oath in the form set out in the Sixth Schedule, but a member may before taking that oath take part in the election of a President of the Senate or Speaker of the House of Representatives.

(2) If a member has not taken his seat within six months from the date on which the House first sits after his election or such further time as the House may allow, his seat shall become vacant.

60

The Yang di-Pertuan Agong may address either House of Parliament or both Houses jointly.

61

(1) In addition to his rights as a member of one of the Houses of Parliament every member of the Cabinet shall have the right to take part in the proceedings of the other House.

(2) Either House of Parliament may appoint as a member of any of its committees the Attorney General or any member of the Cabinet notwithstanding that he is not a member of that House.

(3) This Article does not authorize any person who is not a member of a House to vote in that House or any of its committees.

(4) In this Article "member of the Cabinet" includes a Deputy Minister and a Parliamentary Secretary.

62

(1) Subject to the provisions of this Constitution and of federal law, each House of Parliament shall regulate its own procedure.

(2) Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings.

(3) Subject to Clause (4) and to Articles 89 (1) and 159 (3) and to sections 10 and 11 of the Thirteenth Schedule, each House shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall unless he is a member of the House by virtue only of paragraph (b) of Clause (1A) of Article 57 cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.

(4) In regulating its procedure each House may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.

(5) Member absent from a House shall not be allowed to vote.

63

(1) The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either House of Parliament or any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of either House of Parliament.

(4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970.

64

Parliament shall by law provide for the remuneration of members of each House.

65

(1) There shall be a Clerk to the Senate and a Clerk to the House of Representatives.

(2) The Clerk to the Senate and the Clerk to the House of Representatives shall be appointed by the Yang di-Pertuan Agong and, subject to Clause (3), each shall hold office until he attains the age of sixty years or such other age as Parliament may by law provide, unless he sooner resigns his office:

Provided that this Clause shall not be taken to prevent the Yang di-Pertuan Agong from making the appointment from amongst the members of the public services to which Part X applies for such shorter period as he may deem fir, and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.

(3) The Clerk to the Senate and the Clerk to the House of Representatives may be removed from office on the like grounds and in the like manner as a judge of the Supreme Court, except that the representation mentioned in Article 125 (3) shall be a representation made by the President of the Senate or, as the case may be, the Speaker of the House of Representatives.

(4) Except as otherwise expressly provided by this Article, the qualifications for appointment and condition of service of the Clerk to the Senate and the Clerk to the House of Representatives, and of member of the staff of the Houses of Parliament, may be regulated by federal law.

(5) The Clerk to the Senate, the Clerk to the House of Representatives and member of the staff of Parliament are disqualified for being members of either House of Parliament or the Legislative Assembly of any State.