Dewan Negara
Encyclopedia
The Dewan Negara is the upper house
of the Parliament
of Malaysia. The Dewan Negara consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the Yang di-Pertuan Agong
(King).
The Dewan Negara reviews legislation that has been passed by the lower house, the Dewan Rakyat
; both meet at the Houses of Parliament
in the capital city of Kuala Lumpur
. Both houses must pass a bill before it can be sent to the King for royal assent; however, if the Dewan Negara rejects a bill, it can delay the bill's passage by only a year before it is sent to the King.
Originally, the Dewan Negara was meant to act as a check on the Dewan Rakyat and represent the interests of the various states. However, the original constitution, which provided for a majority of state-elected senators, has since been modified to make senators appointed by the King the majority.
and as "Senators" in English
. The term of office is 3 years and senators may only be re-appointed once, consecutively or non-consecutively.
Each of the 13 state legislative assemblies chooses two senators. The King appoints two senators for the Federal Territory of Kuala Lumpur
, and one respectively for the Federal Territories of Labuan
and Putrajaya
on the advice of the Prime Minister
.
Another 40 senators, regardless of their states, are appointed by the King, also on the Prime Minister's advice. Federally appointed senators must 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 (Orang Asli
)".
The intent of the original Constitution of Malaysia
, which provided for only 16 Senators to be appointed by the King (thus placing them in the minority) was to give the states some say over federal policy. However, subsequent amendments have, according to former Lord President of the Federal Court
Tun Mohamed Suffian Mohamed Hashim
, acted "contrary to the spirit of the original constitution which established the Dewan Negara specially as a body to protect in the federal Parliament, state interests against federal encroachments".
To qualify, a candidate must be a Malaysian citizen residing in the Federation, must not owe allegiance to any foreign state, must not have received a prison sentence of one year or longer, and must not have been fined RM
2,000 or more. Holders of a full time profit-making position in the public service are also ineligible. There is no requirement to belong to a political party
. Parliament is permitted to increase the number of Senators to three per state, reduce the number of appointed Senators, or abolish the post of appointed Senator altogether. The process of appointment is set out by Article 45 of the Constitution
. The Constitution provides for direct election
of the 26 Senators from the states, but this clause does not take effect until Parliament passes a resolution bringing it into effect; as of 2010, the Senators remain indirectly elected.
The Dewan Negara is not affected by the elections
for the Dewan Rakyat
, and senators continue to hold office despite the Dewan Rakyat's dissolution for an election.
The Dewan Negara elects a President to preside over sittings of the Dewan Negara, ensure observance of the rules of the house, and interpret the Standing Orders of the house should they be disputed. Should the President be absent, his Deputy takes his place.
. It may also amend legislation, provided it does not deal with financial matters. Any proposed legislation must first be passed by the Dewan Rakyat. Then it is presented to the Dewan Negara in three readings. At the first, the legislation's proposer presents it to the assembly. At the second, the bill is debated. At the third, a vote is taken whether to pass or reject the bill. The Dewan Negara may not formally reject bills; it is only allowed to delay their passage by one month, or up to a year under certain circumstances. After the bill has passed or the requisite period is up, the bill is presented to the King for royal assent. If the King demurs or 30 days pass without royal assent, the bill is sent back to Parliament with a list of suggested amendments. The bill must then be reapproved by both houses of Parliament. If the King still does not grant royal assent 30 days after it is presented to him again, the bill automatically becomes law. It does not take effect, however, until it is published in the Government Gazette.
Although members of Parliament typically have legal immunity when it comes to freedom of discussion, under the Sedition Act, a gag rule
forbids discussion about repealing certain articles of the Constitution dealing with controversial Bumiputra
privileges such as Article 153
.
There are currently six vacancies in the Dewan Negara.
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of the Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
of Malaysia. The Dewan Negara consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(King).
The Dewan Negara reviews legislation that has been passed by the lower house, the Dewan Rakyat
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
; both meet at the Houses of Parliament
Malaysian Houses of Parliament
The Malaysian Houses of Parliament is a building complex where the Malaysian Parliament assembles. The structure is located at the Lake Gardens in Kuala Lumpur, right next to the Malaysian National Monument.-Description:...
in the capital city of Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
. Both houses must pass a bill before it can be sent to the King for royal assent; however, if the Dewan Negara rejects a bill, it can delay the bill's passage by only a year before it is sent to the King.
Originally, the Dewan Negara was meant to act as a check on the Dewan Rakyat and represent the interests of the various states. However, the original constitution, which provided for a majority of state-elected senators, has since been modified to make senators appointed by the King the majority.
Membership
Members of the Dewan Negara are referred to as "Ahli Dewan Negara" (literally "member of the Dewan Negara") in MalayMalay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...
and as "Senators" in English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
. The term of office is 3 years and senators may only be re-appointed once, consecutively or non-consecutively.
Each of the 13 state legislative assemblies chooses two senators. The King appoints two senators for the Federal Territory of Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
, and one respectively for the Federal Territories of Labuan
Labuan
Labuan is a federal territory in East Malaysia. It is an island off the coast of the state of Sabah. Labuan's capital is Victoria and is best known as an offshore financial centre offering international financial and business services via Labuan IBFC since 1990 as well as being an offshore support...
and Putrajaya
Putrajaya
Putrajaya is a planned city, located 25km south of Kuala Lumpur, that serves as the federal administrative centre of Malaysia. The seat of government was shifted in 1999 from Kuala Lumpur to Putrajaya, due to the overcrowding and congestion in the Kuala Lumpur areas...
on the advice of the Prime Minister
Prime Minister of Malaysia
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...
.
Another 40 senators, regardless of their states, are appointed by the King, also on the Prime Minister's advice. Federally appointed senators must 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 (Orang Asli
Orang Asli
Orang Asli , is a generic Malaysian term used for people indigenous to Peninsular Malaysia...
)".
The intent of the original Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
, which provided for only 16 Senators to be appointed by the King (thus placing them in the minority) was to give the states some say over federal policy. However, subsequent amendments have, according to former Lord President of the Federal Court
Lord President of the Federal Court
The title of Lord President of the Supreme Court was formerly the title of the head of the judiciary in Malaysia, until 1994 when the office was renamed "Chief Justice of the Federal Court"....
Tun Mohamed Suffian Mohamed Hashim
Mohamed Suffian Mohamed Hashim
Tun Mohamed Suffian Hashim was a Malaysian judge, eventually serving as Lord President of the Federal Court from 1974 to 1982...
, acted "contrary to the spirit of the original constitution which established the Dewan Negara specially as a body to protect in the federal Parliament, state interests against federal encroachments".
To qualify, a candidate must be a Malaysian citizen residing in the Federation, must not owe allegiance to any foreign state, must not have received a prison sentence of one year or longer, and must not have been fined RM
Ringgit
Ringgit mostly refers to the Malaysian ringgit, which is the local currency in Malaysia, but it can also refer to the Brunei dollar or Singapore dollar in the Malay language. The word ringgit was originally used to refer to the serrated edges of Spanish silver dollars widely circulated in the area...
2,000 or more. Holders of a full time profit-making position in the public service are also ineligible. There is no requirement to belong to a political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
. Parliament is permitted to increase the number of Senators to three per state, reduce the number of appointed Senators, or abolish the post of appointed Senator altogether. The process of appointment is set out by Article 45 of the Constitution
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
. The Constitution provides for direct election
Direct election
Direct election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the...
of the 26 Senators from the states, but this clause does not take effect until Parliament passes a resolution bringing it into effect; as of 2010, the Senators remain indirectly elected.
The Dewan Negara is not affected by the elections
Elections in Malaysia
Elections in Malaysia exist at two levels: national level and state level. National level elections are those for membership in the Dewan Rakyat, the lower house of Parliament, while state level elections are for membership in the various State Legislative Assemblies...
for the Dewan Rakyat
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
, and senators continue to hold office despite the Dewan Rakyat's dissolution for an election.
The Dewan Negara elects a President to preside over sittings of the Dewan Negara, ensure observance of the rules of the house, and interpret the Standing Orders of the house should they be disputed. Should the President be absent, his Deputy takes his place.
Powers and procedure
The Dewan Negara may initiate legislation, except for financial and fiscal matters — a regulation directly from the Westminster systemWestminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
. It may also amend legislation, provided it does not deal with financial matters. Any proposed legislation must first be passed by the Dewan Rakyat. Then it is presented to the Dewan Negara in three readings. At the first, the legislation's proposer presents it to the assembly. At the second, the bill is debated. At the third, a vote is taken whether to pass or reject the bill. The Dewan Negara may not formally reject bills; it is only allowed to delay their passage by one month, or up to a year under certain circumstances. After the bill has passed or the requisite period is up, the bill is presented to the King for royal assent. If the King demurs or 30 days pass without royal assent, the bill is sent back to Parliament with a list of suggested amendments. The bill must then be reapproved by both houses of Parliament. If the King still does not grant royal assent 30 days after it is presented to him again, the bill automatically becomes law. It does not take effect, however, until it is published in the Government Gazette.
Although members of Parliament typically have legal immunity when it comes to freedom of discussion, under the Sedition Act, a gag rule
Gag rule
A gag rule is a rule that limits or forbids the raising, consideration or discussion of a particular topic by members of a legislative or decision-making body.-Origin and pros and cons:...
forbids discussion about repealing certain articles of the Constitution dealing with controversial Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...
privileges such as Article 153
Article 153 of the Constitution of Malaysia
Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for “safeguard[ing] the special position of the ‘Malays’ and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities” and goes on to specify ways to do this, such...
.
Current composition
Current composition of the Dewan Negara by political parties:| Affiliation | Elected by state assemblies |
Appointed by the King |
Total Seats |
|---|---|---|---|
| Barisan Nasional Barisan Nasional Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence... : |
18 | 38 | 56 |
| United Malays National Organization (Pertubuhan Kebangsaan Melayu Bersatu, UMNO) | 10 | 20 | 30 |
| Malaysian Chinese Association Malaysian Chinese Association Malaysian Chinese Association is a uni-racial political party in Malaysia that represents the Malaysian Chinese ethnicity; it is one of the three major component parties of the ruling coalition in Malaysia called the Barisan Nasional in Malay, or National Front in English.Along with the largest... (Persatuan Cina Malaysia, MCA) |
5 | 5 | 10 |
| Malaysian Indian Congress (Kongres India Se-Malaysia, MIC) | 0 | 6 | 6 |
| Malaysian People's Movement Party (Parti Gerakan Rakyat Malaysia, Gerakan) | 0 | 2 | 2 |
| United Traditional Bumiputera Party United Traditional Bumiputera Party The Parti Pesaka Bumiputera Bersatu, or PBB is a right-wing political party in Malaysia. It is currently the largest political party in Sarawak, with strongholds only in the rural areas. The party is one of the constituents of the ruling Barisan Nasional coalition.Bumiputera is a Malaysian... (Parti Pesaka Bumiputera Bersatu, PBB) |
2 | 1 | 3 |
| Sarawak United People's Party Sarawak United People's Party The Sarawak United Peoples' Party, or SUPP is a political party in Malaysia. The party is one of the constituent members of the ruling Barisan Nasional... (Parti Rakyat Bersatu Sarawak, SUPP) |
0 | 1 | 1 |
| Sarawak Progressive Democratic Party Sarawak Progressive Democratic Party Sarawak Progressive Democratic Party, or SPDP is a Sarawak based political party in Malaysia founded in 2002... (Parti Demokratik Progresif Sarawak, SPDP) |
0 | 1 | 1 |
| Sarawak People's Party (Parti Rakyat Sarawak, PRS) | 0 | 1 | 1 |
| United Pasokmomogun Kadazandusun Murut Organisation United Pasokmomogun Kadazandusun Murut Organisation The United Pasokmomogun Kadazandusun Murut Organisation is a political party based in Sabah, east Malaysia. It is an ethnically-based party striving to voice the rights and advance the development of Kadazan-Dusun and Murut population of Sabah and the Orang Asli of Peninsular Malaysia.-History:The... (Pertubuhan Pasok Momogun Kadazandusun Bersatu, UPKO) |
1 | 0 | 1 |
| People's Progressive Party People's Progressive Party (Malaysia) The People's Progressive Party is a political party in Malaysia.The party is one of the constituent members of the ruling National Front and is a multiracial party.-History:... (Parti Progresif Penduduk Malaysia, PPP) |
0 | 1 | 1 |
| Pakatan Rakyat Pakatan Rakyat Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level.... : |
8 | 0 | 8 |
| People's Justice Party (Parti Keadilan Rakyat, PKR) | 3 | 0 | 3 |
| Islamic Party of Malaysia (Parti Islam SeMalaysia, PAS) | 3 | 0 | 3 |
| Democratic Action Party (Parti Tindakan Demokratik, DAP) | 2 | 0 | 2 |
| Overall total | 26 | 38 | 64 |
There are currently six vacancies in the Dewan Negara.