Election Commission of Malaysia
Encyclopedia
The Election Commission of Malaysia is a commission set up for the purpose of regulating and conducting elections
in Malaysia. Its establishment is mandated by Article 114 of the Constitution of Malaysia
. The Election Commission falls under the purview of the Prime Minister's Department
.
, which empowers it to conduct elections for the Dewan Rakyat
and state legislative bodies.
At its establishment, the EC only consisted of a chairman and two members – Datuk Dr Mustafa Albakri Hassan together with Lee Ewe Boon and Ditt Singh.
A secretariat was also set up to fulfil the commission's functions and carry out its decisions, with a secretary made the chief administrator. The first EC secretary was H. Cassidy.
After the formation of Malaysia in 1963 and the inclusion of Sabah
and Sarawak
, another member was added to represent the two states on a rotation basis. Datuk Abang Marzuki Nor from Sarawak was the first such member appointed.
An amendment to Article 114 made in 1981 provided for the new post of a deputy chairman, and Abdul Rahman Abdul Hassan was the first to hold this position.
Today, the EC has a chairman, a deputy chairman and five members, all appointed by the Yang di-Pertuan Agong
after consulting the Conference of Rulers
.
, the lower house of Parliament
) and the Legislative Assemblies of the States". Under the Constitution of the independent Federation of Malaya
, the Commission comprised one Chairman and two members, but after Malaya merged with Sabah
, Sarawak
and Singapore
to form Malaysia, the Commission's membership was expanded by constitutional amendment to provide for an additional member from Sabah or Sarawak. A 1981 amendment to the Constitution added another member and created the post of Deputy Chairman.
The Commission has the power to delimit constituencies, revise the electoral roll of registered voters, and regulate the manner in which elections are conducted. Although the Constitution does not refer to the Commission as being a body independent from influence by the government or otherwise, constitutional scholars have generally considered the Constitution as intending to protect the independence of the Commission. Among other things, commissioners are protected by tenure
, and may only be removed through the same procedure as a judge of the Supreme Court
. The terms of remuneration of a commissioner cannot be altered to his disadvantage after he has been appointed.
Members of the Commission are appointed by the Yang di-Pertuan Agong
(King), who must consult with the Conference of Rulers
and appoint a Commission which has the confidence of the public. Although the Constitution does not expressly require consultation with the Prime Minister
in this regard, it has been argued that under Article 40 of the Constitution, the King cannot act on his own discretion unless explicitly stated; in all other cases, he must acquiesce to the advice of the Prime Minister, and as such the appointments to the Commission are made with the advice of the Prime Minister. Members of the Commission retire at the age of 65.
It also collects information on newly developed areas to ensure a fair representation of voters in each constituency, promotes awareness on how important it is to vote and revises the electoral roll by deleting the names of those who are dead or have been disqualified.
On polling day, EC members and officers will be stationed at polling centres nationwide to oversee the process.
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...
in Malaysia. Its establishment is mandated by Article 114 of the 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...
. The Election Commission falls under the purview of the Prime Minister's Department
Prime Minister's Department
The Prime Minister's Department is a federal government ministry in Malaysia. It is headed by the Prime Minister of Malaysia followed by other ministers in the Prime Minister's Department. The Department consists of the Prime Minister's Office, the Deputy Prime Minister's Office and more than 50...
.
History
The Election Commission (EC) was formed on Sept 4, 1957, under Article 114 of the Constitution of MalaysiaConstitution 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 empowers it to conduct elections 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 state legislative bodies.
At its establishment, the EC only consisted of a chairman and two members – Datuk Dr Mustafa Albakri Hassan together with Lee Ewe Boon and Ditt Singh.
A secretariat was also set up to fulfil the commission's functions and carry out its decisions, with a secretary made the chief administrator. The first EC secretary was H. Cassidy.
After the formation of Malaysia in 1963 and the inclusion of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
, another member was added to represent the two states on a rotation basis. Datuk Abang Marzuki Nor from Sarawak was the first such member appointed.
An amendment to Article 114 made in 1981 provided for the new post of a deputy chairman, and Abdul Rahman Abdul Hassan was the first to hold this position.
Today, the EC has a chairman, a deputy chairman and five members, all 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....
after consulting the Conference of Rulers
Conference of Rulers
The Conference of Rulers in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states...
.
Constitutional Mandate
Under Article 114, the Commission is empowered to "conduct elections to the House of Representatives (Dewan RakyatDewan 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...
, the lower house of 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....
) and the Legislative Assemblies of the States". Under the Constitution of the independent Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
, the Commission comprised one Chairman and two members, but after Malaya merged with Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
, Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
and Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
to form Malaysia, the Commission's membership was expanded by constitutional amendment to provide for an additional member from Sabah or Sarawak. A 1981 amendment to the Constitution added another member and created the post of Deputy Chairman.
The Commission has the power to delimit constituencies, revise the electoral roll of registered voters, and regulate the manner in which elections are conducted. Although the Constitution does not refer to the Commission as being a body independent from influence by the government or otherwise, constitutional scholars have generally considered the Constitution as intending to protect the independence of the Commission. Among other things, commissioners are protected by tenure
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
, and may only be removed through the same procedure as a judge of the Supreme Court
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
. The terms of remuneration of a commissioner cannot be altered to his disadvantage after he has been appointed.
Members of the Commission are 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), who must consult with the Conference of Rulers
Conference of Rulers
The Conference of Rulers in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states...
and appoint a Commission which has the confidence of the public. Although the Constitution does not expressly require consultation with 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...
in this regard, it has been argued that under Article 40 of the Constitution, the King cannot act on his own discretion unless explicitly stated; in all other cases, he must acquiesce to the advice of the Prime Minister, and as such the appointments to the Commission are made with the advice of the Prime Minister. Members of the Commission retire at the age of 65.
Functions
Apart from regulating elections, the EC's duties include reviewing the boundaries of parliamentary and state constituencies, holding by-elections and carrying out registration exercises.It also collects information on newly developed areas to ensure a fair representation of voters in each constituency, promotes awareness on how important it is to vote and revises the electoral roll by deleting the names of those who are dead or have been disqualified.
On polling day, EC members and officers will be stationed at polling centres nationwide to oversee the process.