Dewan Rakyat
Encyclopedia
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
(the Senate), before they are given Royal Assent
by the Yang di-Pertuan Agong
(Monarch). Members of the Dewan Rakyat are often referred to as Members of Parliament or MPs. Like the Dewan Negara, the Dewan Rakyat meets at the Malaysian Houses of Parliament
in Kuala Lumpur
.
(Monarch), under Article 39 of the Constitution
.
Parliament's members are permitted to speak on any subject without fear of censure outside Parliament; the only body that can censure an MP is the House Committee of Privileges. Such "Parliamentary immunity
" takes effect from the moment a member of Parliament is sworn in, and only applies to when that member has the floor; it does not apply to statements made outside the House. An exception is made by the Sedition Act passed by Parliament in the wake of the May 13 racial riots
in 1969. Under the Act, all public discussion of repealing certain Articles of the Constitution
dealing with Bumiputra
privileges such as Article 153
is illegal. This prohibition is extended to all members of both houses of Parliament. Members of Parliament are also forbidden from criticising the King and judges.
The executive government, comprising the Prime Minister
and his Cabinet
, is usually drawn from members of Parliament; most of its members are typically members of the Dewan Rakyat. After a general election or the resignation or death of a Prime Minister, the King selects the Prime Minister, who is the Head of Government but constitutionally subordinate to him, from the Dewan Rakyat. In practice, this is usually the leader of the largest party in Parliament. The Prime Minister then submits a list containing the names of members of his Cabinet, who will then be appointed as Ministers by the King. Members of the Cabinet must also be members of Parliament. If the Prime Minister loses the confidence of the Dewan Rakyat, whether by losing a no-confidence vote or failing to pass a budget
, he must submit his resignation to the King, who will then appoint a new Prime Minister. The Cabinet formulates government policy and drafts bills, meeting in private. Its members must accept "collective responsibility" for the decisions the Cabinet makes, even if some members disagree with it; if they do not wish to be held responsible for Cabinet decisions, they must resign. Although the Constitution makes no provision for it, there is also a Deputy Prime Minister, who is the de facto successor of the Prime Minister should he die or be otherwise incapacitated.
A proposed act of law begins its life when a particular government minister or ministry prepares a first draft with the assistance of the Attorney-General's Department. The draft, known as a bill, is then discussed by the Cabinet. If it is agreed to submit it to Parliament, the bill is distributed to all MPs. It then goes through three readings before the Dewan Rakyat. The first reading is where the minister or his deputy submits it to Parliament. At the second reading, the bill is discussed and debated by MPs. At the third reading, the minister or his deputy formally submit it to a vote for approval. A 2/3 majority is usually required to pass the bill, but in certain cases, a simple majority suffices. Should the bill pass, it is sent to the Dewan Negara, where the three readings are carried out again. The Dewan Negara may choose not to pass the bill, but this only delays its passage by a month, or in some cases, a year; once this period expires, the bill is considered to have been passed by the house.
If the bill passes, it is presented to the Yang di-Pertuan Agong who has 30 days to consider the bill. Should he disagree with it, he returns it to Parliament with a list of suggested amendments. Parliament must then reconsider the bill and its proposed amendments and return it to the King within 30 days if they pass it again. The King then has another 30 days to give the royal assent; otherwise, it passes into law. The law does not take effect until it is published in the Government Gazette.
The government attempts to maintain top secrecy regarding bills debated; MPs generally receive copies of bills only a few days before they are debated, and newspapers are rarely provided with copies of the bills before they are debated. In some cases, such as a 1968 amendment to the Constitution, an MP may be presented with a bill to be debated on the same day it is tabled, and all three readings may be carried out that day itself. In rare circumstances, the government may release a White paper
containing particular proposals that will eventually be incorporated into a bill; this has been done for legislation such as the Universities and University Colleges Act.
Although the process above assumes only the government can propose bills, there also exists a process for Private Member's Bill
s. However, as in most other legislatures following the Westminster System
, few members of Parliament actually introduce bills. To present a Private Member's Bill, the member in question must seek the leave of the House in question to debate the bill before it is moved. Originally, it was allowed to debate the bill in the process of seeking leave, but this process was discontinued by an amendment to the Standing Orders of Parliament. It is also possible for members of the Dewan Negara
to initiate bills; however, only cabinet ministers are permitted to move finance-related bills, which must be tabled in the Dewan Rakyat.
It is often alleged that legislation proposed by the opposition parties, which must naturally be in the form of a Private Member's Bill, is not seriously considered by Parliament. Some have gone as far as to claim that the rights of members of Parliament to debate proposed bills have been severely curtailed by incidents such as an amendment of the Standing Orders that permitted the Speaker of the Dewan Rakyat
to amend written copies of MPs' speeches before they were made. Nevertheless, it is admitted by some of these critics that "Government officials often face sharp questioning in Parliament, although this [i]s not always reported in detail in the press."
, who is elected at the beginning of each Parliament or after the vacation of the post, by the MPs. Two Deputy Speakers are also elected, and one of them sits in place of the Speaker when he is absent. The Dewan Rakyat machinery is supervised by the Clerk to the House who is appointed by the King; he may only be removed from office through the manner prescribed for judges or by mandatory retirement at age 60.
As of the 2008 general election
, Dewan Rakyat has 222 elected members. Members are elected from single-member constituencies, drawn by the Election Commission based on the population. Constituency boundaries are redrawn every ten years based on the latest census
.
Each Dewan Rakyat lasts for a maximum of five years, after which a general election
must be called. In the general election, voters select a candidate to represent their constituency in the Dewan Rakyat. The plurality voting system
is used; the candidate who gains the most votes wins the seat.
Before a general election can be called, the King must first dissolve Parliament on the advice of the Prime Minister. According to Constitution, the Yang di-Pertuan Agong has his right at his own discretion either to dissolve or hold on the parliament.
Pandikar Amin Mulia
. His deputies are Santubong MP Datuk
Dr Wan Junaidi Tuanku Jaafar and Beluran MP Datuk Ronald Kiandee.
Current seat holding in Malaysia's Dewan Rakyat as of 29 January 2011
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. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara
Dewan Negara
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 .The Dewan Negara...
(the Senate), before they are given Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
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....
(Monarch). Members of the Dewan Rakyat are often referred to as Members of Parliament or MPs. Like the Dewan Negara, the Dewan Rakyat meets at the Malaysian 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 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...
.
Scope and procedure
As the ultimate legislative body in Malaysia, Parliament is responsible for passing, amending and repealing acts of law. It is subordinate to the Head of State, the Yang di-Pertuan AgongYang 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....
(Monarch), under Article 39 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...
.
Parliament's members are permitted to speak on any subject without fear of censure outside Parliament; the only body that can censure an MP is the House Committee of Privileges. Such "Parliamentary immunity
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...
" takes effect from the moment a member of Parliament is sworn in, and only applies to when that member has the floor; it does not apply to statements made outside the House. An exception is made by the Sedition Act passed by Parliament in the wake of the May 13 racial riots
May 13 Incident
The 13 May Incident is a term for the Sino-Malay sectarian violences in Kuala Lumpur , Malaysia, which began on 13 May 1969...
in 1969. Under the Act, all public discussion of repealing certain Articles 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...
dealing with 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...
is illegal. This prohibition is extended to all members of both houses of Parliament. Members of Parliament are also forbidden from criticising the King and judges.
The executive government, comprising 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...
and his Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, is usually drawn from members of Parliament; most of its members are typically members of the Dewan Rakyat. After a general election or the resignation or death of a Prime Minister, the King selects the Prime Minister, who is the Head of Government but constitutionally subordinate to him, from the Dewan Rakyat. In practice, this is usually the leader of the largest party in Parliament. The Prime Minister then submits a list containing the names of members of his Cabinet, who will then be appointed as Ministers by the King. Members of the Cabinet must also be members of Parliament. If the Prime Minister loses the confidence of the Dewan Rakyat, whether by losing a no-confidence vote or failing to pass a budget
Budget
A budget is a financial plan and a list of all planned expenses and revenues. It is a plan for saving, borrowing and spending. A budget is an important concept in microeconomics, which uses a budget line to illustrate the trade-offs between two or more goods...
, he must submit his resignation to the King, who will then appoint a new Prime Minister. The Cabinet formulates government policy and drafts bills, meeting in private. Its members must accept "collective responsibility" for the decisions the Cabinet makes, even if some members disagree with it; if they do not wish to be held responsible for Cabinet decisions, they must resign. Although the Constitution makes no provision for it, there is also a Deputy Prime Minister, who is the de facto successor of the Prime Minister should he die or be otherwise incapacitated.
A proposed act of law begins its life when a particular government minister or ministry prepares a first draft with the assistance of the Attorney-General's Department. The draft, known as a bill, is then discussed by the Cabinet. If it is agreed to submit it to Parliament, the bill is distributed to all MPs. It then goes through three readings before the Dewan Rakyat. The first reading is where the minister or his deputy submits it to Parliament. At the second reading, the bill is discussed and debated by MPs. At the third reading, the minister or his deputy formally submit it to a vote for approval. A 2/3 majority is usually required to pass the bill, but in certain cases, a simple majority suffices. Should the bill pass, it is sent to the Dewan Negara, where the three readings are carried out again. The Dewan Negara may choose not to pass the bill, but this only delays its passage by a month, or in some cases, a year; once this period expires, the bill is considered to have been passed by the house.
If the bill passes, it is presented to the Yang di-Pertuan Agong who has 30 days to consider the bill. Should he disagree with it, he returns it to Parliament with a list of suggested amendments. Parliament must then reconsider the bill and its proposed amendments and return it to the King within 30 days if they pass it again. The King then has another 30 days to give the royal assent; otherwise, it passes into law. The law does not take effect until it is published in the Government Gazette.
The government attempts to maintain top secrecy regarding bills debated; MPs generally receive copies of bills only a few days before they are debated, and newspapers are rarely provided with copies of the bills before they are debated. In some cases, such as a 1968 amendment to the Constitution, an MP may be presented with a bill to be debated on the same day it is tabled, and all three readings may be carried out that day itself. In rare circumstances, the government may release a White paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
containing particular proposals that will eventually be incorporated into a bill; this has been done for legislation such as the Universities and University Colleges Act.
Although the process above assumes only the government can propose bills, there also exists a process for Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
s. However, as in most other legislatures following the Westminster System
Westminster 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....
, few members of Parliament actually introduce bills. To present a Private Member's Bill, the member in question must seek the leave of the House in question to debate the bill before it is moved. Originally, it was allowed to debate the bill in the process of seeking leave, but this process was discontinued by an amendment to the Standing Orders of Parliament. It is also possible for members of the Dewan Negara
Dewan Negara
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 .The Dewan Negara...
to initiate bills; however, only cabinet ministers are permitted to move finance-related bills, which must be tabled in the Dewan Rakyat.
It is often alleged that legislation proposed by the opposition parties, which must naturally be in the form of a Private Member's Bill, is not seriously considered by Parliament. Some have gone as far as to claim that the rights of members of Parliament to debate proposed bills have been severely curtailed by incidents such as an amendment of the Standing Orders that permitted the Speaker of the Dewan Rakyat
Speaker of the Dewan Rakyat
The Speaker of the Dewan Rakyat is the presiding officer of the Dewan Rakyat, the lower house of the Parliament of Malaysia. He is responsible for convening sessions of the Dewan Rakyat, organising debates, and examining the admissibility of petitions, bills and amendments.In the absence of the...
to amend written copies of MPs' speeches before they were made. Nevertheless, it is admitted by some of these critics that "Government officials often face sharp questioning in Parliament, although this [i]s not always reported in detail in the press."
Membership and machinery
A member of the Dewan Rakyat must be at least 21 years of age and must not be a member of the Dewan Negara. The presiding officer of the Dewan Rakyat is the SpeakerSpeaker of the Dewan Rakyat
The Speaker of the Dewan Rakyat is the presiding officer of the Dewan Rakyat, the lower house of the Parliament of Malaysia. He is responsible for convening sessions of the Dewan Rakyat, organising debates, and examining the admissibility of petitions, bills and amendments.In the absence of the...
, who is elected at the beginning of each Parliament or after the vacation of the post, by the MPs. Two Deputy Speakers are also elected, and one of them sits in place of the Speaker when he is absent. The Dewan Rakyat machinery is supervised by the Clerk to the House who is appointed by the King; he may only be removed from office through the manner prescribed for judges or by mandatory retirement at age 60.
As of the 2008 general election
Malaysian general election, 2008
The 12th Malaysian general election was held on March 8, 2008, in accordance with Malaysian laws for national elections, which states that a general election must be held no later than five years subsequent to the previous elections; the previous general election was held in 2004...
, Dewan Rakyat has 222 elected members. Members are elected from single-member constituencies, drawn by the Election Commission based on the population. Constituency boundaries are redrawn every ten years based on the latest census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...
.
Each Dewan Rakyat lasts for a maximum of five years, after which a general election
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...
must be called. In the general election, voters select a candidate to represent their constituency in the Dewan Rakyat. The plurality voting system
Plurality voting system
The plurality voting system is a single-winner voting system often used to elect executive officers or to elect members of a legislative assembly which is based on single-member constituencies...
is used; the candidate who gains the most votes wins the seat.
Before a general election can be called, the King must first dissolve Parliament on the advice of the Prime Minister. According to Constitution, the Yang di-Pertuan Agong has his right at his own discretion either to dissolve or hold on the parliament.
Current composition
The current Speaker of the Dewan Rakyat is Tan SriMalay titles
The Malay language has a complex system of titles and honorifics, which are still used extensively in Malaysia and Brunei. Singapore, whose Malay royalty was abolished by the British colonial government in 1891, has adopted civic titles for its leaders....
Pandikar Amin Mulia
Pandikar Amin Mulia
Tan Sri Datuk Seri Utama Pandikar Amin bin Haji Mulia is a Malaysian politician and the current Speaker of the Dewan Rakyat, the lower house of the Parliament of Malaysia. He was previously a Minister in the Prime Minister's Department...
. His deputies are Santubong MP Datuk
Malay titles
The Malay language has a complex system of titles and honorifics, which are still used extensively in Malaysia and Brunei. Singapore, whose Malay royalty was abolished by the British colonial government in 1891, has adopted civic titles for its leaders....
Dr Wan Junaidi Tuanku Jaafar and Beluran MP Datuk Ronald Kiandee.
Current seat holding in Malaysia's Dewan Rakyat as of 29 January 2011
| Seats | |||||
|---|---|---|---|---|---|
| National Front 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... (Barisan Nasional): |
137 | ||||
| United Malays National Organization (Pertubuhan Kebangsaan Melayu Bersatu, UMNO) | 78 | ||||
| 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) |
15 | ||||
| Malaysian Indian Congress (Kongres India Se-Malaysia, MIC) | 4 | ||||
| Malaysian People's Movement Party (Parti Gerakan Rakyat Malaysia, Gerakan) | 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) |
14 | ||||
| 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) |
5 | ||||
| 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) |
4 | ||||
| Sarawak People's Party (Parti Rakyat Sarawak, PRS) | 6 | ||||
| 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) |
4 | ||||
| United Sabah Party Parti Bersatu Sabah The Parti Bersatu Sabah is a political party in Sabah, east Malaysia. It was registered as a political party on March 5, 1985... (Parti Bersatu Sabah, PBS) |
3 | ||||
| United Sabah People's Party Parti Bersatu Rakyat Sabah Parti Bersatu Rakyat Sabah or PBRS is a minor political party based in Sabah, east Malaysia. It was formed by disaffected members of the Parti Bersatu Sabah on 11 March 1994. On 10 June 1994, it was officially accepted as one of the component parties in the ruling Barisan Nasional coalition... (Parti Bersatu Rakyat Sabah, PBRS) |
1 | ||||
| Liberal Democratic Party Liberal Democratic Party (Malaysia) The Liberal Democratic Party is a Chinese political party originally founded in the town of Tawau, Sabah, Malaysia by Hiew Min Kong in 1989.The party is considered a minor political party in Malaysia, having its base mainly in Sabah... (Parti Liberal Demokratik, LDP) |
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 | ||||
| People's Pact 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.... (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.... ): |
75 | ||||
| People's Justice Party (Parti Keadilan Rakyat, PKR) | 23 | ||||
| Islamic Party of Malaysia (Parti Islam SeMalaysia, PAS) | 23 | ||||
| Democratic Action Party (Parti Tindakan Demokratik, DAP) | 29 | ||||
| Socialist Party of Malaysia Parti Sosialis Malaysia Parti Sosialis Malaysia , is a socialist political party in Malaysia and an offshoot of Parti Rakyat Malaysia, which originally upheld the same ideology. In its first ten years following its founding in 1998, the party was denied registration as a political party by the Federal Government of Malaysia... (Parti Sosialis Malaysia, PSM) |
1 | ||||
| Sabah Progressive Party Sabah Progressive Party The Sabah Progressive Party is a political party based in Sabah, East Malaysia. It was registered on 21 January 1994 by dissidents led by former Sabah Chief Minister Datuk Yong Teck Lee from Parti Bersatu Sabah . Formerly a component party in the ruling Barisan Nasional coalition, SAPP officially... (Parti Maju Sabah, SAPP) |
2 | ||||
| Non-partisans/independents (and others) | 7 | ||||
| Vacant | 0 | ||||
| Overall total | 222 | ||||
| Composition of current parliament is subject to change due to unexpected circumstances. (1) The MPs representing non-partisans or independents include:
|
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