Parliament of Malaysia
Encyclopedia
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.
The Parliament assembles in the Malaysian Houses of Parliament
, located in the national capital city
of Kuala Lumpur
. The current meeting of Parliament, the 12th
, first convened in the Houses of Parliament on April 28, 2008.
for Malaya
, Singapore
, Sabah
and Sarawak
, these were not the supreme makers of law, and remained subordinate to the British High Commissioner. The Reid Commission
, which drafted the Constitution of Malaya
— Malaya gained independence in 1957, ahead of the other states that would later form Malaysia — modelled the Malayan system of government after that of Britain's, with a bicameral parliament, one house being directly elected, and the other being appointed by the King — just like the British House of Commons
and House of Lords. Originally Parliament met at the former headquarters building of the Federated Malay States Volunteer Force on a hill near Jalan Tun Ismail (Maxwell Road). The Senate of Dewan Negara met in a hall on the ground floor and the Dewan rakyat met in the hall on the first floor With the completion of Parliament House in 1962, comprising a three-storey main building for the two houses of Parliament to meet, and an 18-storey tower for the offices of Ministers and members of Parliament, both houses moved there.
In 1963, when Malaya, Sabah, Sarawak and Singapore merged to form Malaysia, the Malayan Parliament was adopted for use as the Parliament of Malaysia. Under the 1957 Constitution of Malaya, most Senators were elected by the state assemblies in order to provide representation of state interests; the 1963 Constitution of Malaysia saw each state receiving two members, with the rest (including members for federal territories) being appointed by the King on the advice of the Cabinet. When Singapore seceded from Malaysia in 1965, its Legislative Assembly
became Parliament
, and it ceased to be represented in the Parliament of Malaysia.
Parliament has been suspended only once in the history of Malaysia, in the aftermath of the May 13 racial riots
in 1969. From 1969 to 1971 — when Parliament reconvened — the nation was run by the National Operations Council
(NOC).
Debates in Parliament are broadcast on radio
and television
occasionally, such as during the tabling of a budget
. Proposals from the opposition to broadcast all debates live have been repeatedly rejected by the government; in one instance, a Minister said that the government was concerned over the poor conduct of the opposition as being inappropriate for broadcasting. The prohibitive cost (RM
100,000 per sitting) was also cited as a reason. In 2006, Information Minister Zainuddin Maidin cited the controversy over speeches made at the United Malays National Organisation
(UMNO) — the leading party in the ruling Barisan Nasional
coalition — annual general assembly as a reason to avoid telecasting Parliamentary debates. Zainuddin said that "our society has not attained a mental maturity where it is insensitive to racial issues", citing the controversy over a delegate who said Malays would fight "to the last drop of blood" to defend the special provisions granted to them as bumiputra
under the Constitution
.
As the ultimate legislative body in Malaysia, the Parliament is responsible for passing, amending and repealing acts of law. It is subordinate to the Head of State, the Yang di-Pertuan Agong
, under Article 39 of the Constitution
.
The Dewan Rakyat consists of 222 members of Parliament (MPs) elected from single-member constituencies drawn based on population in a general election
using the first-past-the-post
system. A general election is held every five years or when Parliament is dissolved by the Yang di-Pertuan Agong on the advice of the Prime Minister
. Suffrage
is given to registered voters
21 years and above, however voting is not compulsory. The age requirement to stand for election is 21 years and above. When a member of Parliament dies, resigns or become disqualified to hold a seat, a by-election
is held in his constituency unless the tenure for the current Parliament is less than two years, where the seat is simply left vacant until the next general election.
The Dewan Negara consists of 70 members (Senators); 26 are elected by the 13 state
assemblies (2 senators per state), 4 are appointed by the Yang di-Pertuan Agong to represent the 3 federal territories (2 for Kuala Lumpur
, 1 each for Putrajaya
and Labuan
). The rest 40 members are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister. Senators must be 30 years or above, and are appointed to a three-year term for a maximum of two terms. The dissolution of the Parliament does not affect the Dewan Negara.
Members of Parliament 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. Parliamentary immunity
takes effect from the moment a member of Parliament is sworn in, and only applies when that member has the floor; it does not apply to statements made outside the House. An exception to this rule are portions of the constitution
related to the social contract
, such as the Articles governing citizenship, Bumiputra
(Malays and indigenous people) priorities, the Malay language, etc. — all public questioning of these provisions is illegal under the 1971 amendments to the Sedition Act, which Parliament passed in the wake of the 1969 May 13 racial riots
. Members of Parliament are also forbidden from criticising the Yang di-Pertuan Agong and judges. Parliamentary immunity and other such privileges are set out by Article 63 of the Constitution; as such, the specific exceptions to such immunity had to be included in the Constitution by amendment after the May 13 incident.
The executive government, comprising the Prime Minister
and his Cabinet
, is drawn from the members of Parliament and is responsible to the Parliament. The Yang di-Pertuan Agong appoints the Prime Minister, who is the Head of Government but constitutionally subordinant to His Royal Highness, from the Dewan Rakyat. In practice, the Prime Minister shall be the one who commands the confidence of the majority of the Dewan Rakyat. The Prime Minister then submits a list containing the names of members of his Cabinet, who will then be appointed as Ministers by the Yang di-Pertuan Agong. Members of the Cabinet must also be members of Parliament, usually from the Dewan Rakyat. The Cabinet formulates government policy and drafts bills, meeting in private. The 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 dies, resigns or be otherwise incapacitated. If the Prime Minister loses the confidence of the Dewan Rakyat, whether by losing a no-confidence vote or by failing to pass a budget
, he must either submit his resignation to the Yang di-Pertuan Agong, or ask the His Royal Highness to dissolve the Parliament. If His Royal Highness refuses to dissolve the Parliament (one of the Yang di-Pertuan Agong discretionary powers), the Cabinet must resign and the Yang di-Pertuan Agong will appoint a new Prime Minister.
Although the judiciary is constitutionally an independent branch of the government, after the 1988 constitutional crisis, the judiciary was made subject to Parliament; judicial powers are held by Parliament, and vested by it in the courts, instead of being directly held by the judiciary as before. The Attorney-General was also conferred the power to instruct the courts on what cases to hear, where they would be heard, and whether to discontinue a particular case.
After the general elections in 2008, Wan Azizah Wan Ismail, leader of the People's Justice Party and wife of former deputy Prime Minister Anwar Ibrahim became the leader of the opposition. She is the first female in Malaysian history to have held this position. Wan Azizah is described as the "brains" behind coalition of her own party, the leftist Democratic Action Party and the religion based Pan Malaysian Islamic Party.
, Kedah
, and Perlis
.
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 be submitted 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. Until the mid-1970s, both English and Malay
(the national language) were used for debates, but henceforth, only Malay was permitted, unless permission was obtained from the Speaker of the House. 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 Yang di-Pertuan Agong within 30 days if they pass it again. The Yang di-Pertuan Agong 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
(Senate) 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, some of these critics also suggest that "Government officials often face sharp questioning in Parliament, although this is not always reported in detail in the press."
Most motions are typically approved or rejected by a voice vote
; divisions
are generally rare. In 2008, the 12th Parliament
saw the first division on the question of a supply bill.
In June 2008, two MPs announced they would be supporting a motion of no confidence
against the Prime Minister, another first in the history of Parliament. The procedure surrounding a vote of no confidence is not entirely clear; as of June 18, 2008 it appeared there was no provision in the Standing Orders for whether a simple majority or a 2/3 supermajority would be necessary to pass a vote of no confidence
, the government is accountable to Parliament. However, there has been substantial controversy over the independence of the Malaysian Parliament, with many viewing it simply as a rubber stamp
, approving the executive branch's decisions. Constitutional scholar Shad Saleem Faruqi
has calculated that 80% of all bills the government introduced from 1991 to 1995 were passed without a single amendment. According to him, another 15% were withdrawn due to pressure from non-governmental organisations (NGOs) or other countries, while only 5% were amended or otherwise altered by Parliament. Shad concludes that "the legislative process is basically an executive process, not a parliamentary process."
branches. Parliament largely exerts control on the government through question time, where MPs question members of the cabinet on government policy, and through Select Committees that are formed to look into a particular issue.
Formally, Parliament exercises control over legislation and financial affairs. However, the legislature has been condemned as having a "tendency to confer wide powers on ministers to enact delegated legislation
", and a substantial portion of the government's revenue is not under Parliament's purview; government-linked companies, such as Petronas
, are generally not accountable to Parliament. In his 1970 book The Malay Dilemma
, future Prime Minister Mahathir bin Mohamad
stated: "In the main, Parliamentary sittings were regarded as a pleasant formality which afforded members opportunities to be heard and quoted, but which would have absolutely no effect on the course of the Government. ... The sittings were a concession to a superfluous democratic practice. Its main value lay in the opportunity to flaunt Government strength." Critics have regarded Parliament as a "safe outlet for the grievances of backbenchers or opposition members," and meant largely to "endorse government or ruling party proposals" rather than act as a check on them.
Party loyalty is strictly enforced by the Barisan Nasional
coalition government, which has controlled Parliament since independence. Those who have voted against the frontbench position, such as Shahrir Abdul Samad
, have generally been severely reprimanded. Although there is no precedent of an MP being removed from the house for crossing the floor
, two Penang
State Legislative Assemblymen who abstained from voting on an opposition-tabled motion in the State Legislative Assembly were suspended, and a stern warning was issued by then-Prime Minister Mahathir bin Mohamad
stating that representatives from BN would likely be dismissed if they crossed the floor. This was later affirmed by Mahathir's successor, Abdullah Ahmad Badawi
, who issued an official directive prohibiting BN MPs from voting for opposition-tabled motions in Parliament.
At one time, there was an attempt led by government backbenchers to gain Abdullah's support for a policy change which would permit some discretion in voting, but Abdullah insisted that MPs have "no leeway or freedom to do as they like". A similar policy is in place in the non-partisan Dewan Negara
— when in 2005, several Senators refused to support the Islamic Family Law (Federal Territories) (Amendment) Bill 2005, Minister in the Prime Minister's Department Nazri Aziz said that although the government would take note of the complaints, "the cabinet did not allow senators to exercise conscience voting on this issue".
There have been only six Select Committees formed since 1970, when Parliament reconvened after the May 13 Incident
. Of these, three were formed between 2002 and 2005. Although question time exists for Parliament to check the power of the executive, it has been argued that the question time allotted for MPs to question the government on its policies is insufficient or ineffective. Shad has calculated that as each question time session lasts only an hour, at the most, twelve questions can be asked. Opposition Leader Lim Kit Siang of the Democratic Action Party
(DAP) calculated that over the space of three days (from October 10 to October 13, 2005), only 32 questions were answered orally. Of these 32 questions, only nine or 28% percent were answered by the Ministers concerned. The rest were answered either by Deputy Ministers (41%) or Parliamentary Secretaries (31%). After the 2008 general election
, Abdullah reshuffled his Cabinet, eliminating Parliamentary Secretaries, which The Sun
greeted as a move "forcing ministers and deputy ministers to answer questions in Parliament".
Time is allocated for discussion of the annual budget
after it is tabled by the government's representative (usually the Prime Minister); however, most MPs spend much of the time questioning the government on other issues. Shad contends that although about 20 days are given for discussion of the budget, "the budget debate is used to hit the government on the head about everything else other than the budget. From pothole
s to education policy to illegal immigrants." If Parliament votes to reject the budget, it is taken as a vote of no-confidence, forcing the government out of office. The government will then either have to reform itself with a new cabinet and possibly new Prime Minister, or call for a general election. As a result, Shad states that "MPs may criticise, they may have their say but the government will have its way" when it comes to the budget.
With the judiciary
, it is possible for the courts to declare a particular act of Parliament unconstitutional. However, this has never occurred. Parliament is not involved in the process of judicial appointments.
in the 48-year history of the nation".
Nazri soon backed down, saying he had meant an office (although he stated jabatan, which means department; pejabat is the Malay word for office) and not Department (Jabatan) of Parliament. The New Straits Times
, a newspaper owned by the United Malays National Organisation
(a key member of the ruling Barisan Nasional
coalition) wrote in an editorial that "ministerial authority was established over Parliament the building" and not Parliament the institution and that "[i]f the new 'department' and its management and staff do their jobs well, the rakyat (people) would have even more of a right to expect their MPs to do theirs by turning up for Dewan sessions, preserving that quaint tradition of the quorum, on behalf of their constituencies."
Lim was dissatisfied with such a response and went ahead with a "Save Parliament" roundtable attended by several MPs (including Nazri) and non-governmental organisations (NGOs). Although Lim thanked Nazri (the only Barisan Nasional MP in attendance), he stated that the proposed department remained a threat to Parliament's independence, and had to be "seen in the context of the relentless erosion and diminution of parliamentary powers and functions by the Executive". In a statement, the roundtable found that "Nazri’s explanations were not convincing" and urged "Nazri to halt all implementation of the Cabinet decision to establish a Department or Office of Parliament until MPs and the civil society could approve and support the proposal".
On October 13 in the Dewan Rakyat, Ahmad Shabery Cheek
(BN MP for Kemaman
) tabled a motion to reinstate the Parliamentary Services Act
1963 (which would provide for a parliamentary service independent of the Public Service Department currently handling parliamentary affairs) that had been repealed (upon the unilateral suggestion of then Speaker of the House, Zahir Ismail) in 1992. Ahmad Shabery demanded to know if the government would make the status of parliament as an independent institution clear, and stated that "Aside from nice flooring, chairs and walls, we don’t even have a library that can make us proud, no in-house outlet selling copies of different Acts that are passed in Parliament itself and no proper information centre."
Nazri responded that the motion would have to be referred to the House Committee for review. Shahrir Abdul Samad
, chairman of the Barisan Nasional Backbenchers Club
, then insisted that the Act be immediately restored without being referred to the Committee, and called on all MPs who supported the motion to stand. Several immediately stood, with some Opposition MPs shouting "bangun, bangun" (stand up, stand up). Following Shahrir's lead, a majority of the BN MPs also stood, including some frontbenchers. However, several ministers, including Foreign Minister Syed Hamid Albar
(who had supported repealing the Act in 1992) remained seated. Nazri then stated that the matter would remain with the Committee, as he did not want it dealt with in a slipshod manner.
The following day, Lim called on Kamaruddin Mohd Baria, who would have taken the post of Parliament Head of Administration, not to report for duty in his new post. Meanwhile, the Dewan Negara House Committee held a specially-convened meeting, which called on the government to revive the Act and to call off all moves to change the administrative structure of Parliament. The President of the Dewan Negara, Abdul Hamid Pawanteh
, also stated that he had not been informed "at all" by the government regarding the new department or office of Parliament. Later the same day, Minister in the Prime Minister's Department Mohd Radzi Sheikh Ahmad
stated that the government had agreed to revive the Act.
However, on October 17, Nazri refused to budge on the issue of the new post of "Parliament Head of Administration" (which would make the current Parliamentary Secretary, who is accountable to Parliament and not the executive, redundant). He also stated that the Parliamentary Service Act would have to go through the Dewan Rakyat House Committee and endorsed by the Dewan Rakyat
before being sent to the cabinet for approval. In his blog
, Lim slammed Nazri for overlooking "the fact that when the Parliamentary Privilege Act was repealed in 1992, it was not at the recommendation of the Dewan Rakyat House Committee but merely at the unilateral request of the Speaker."
as of 29 January 2011
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
of Malaysia, based on 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....
. The bicameral parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
consists of the House of Representatives
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 the Senate
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 King
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....
as the Head of State is the third component of Parliament.
The Parliament assembles in 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:...
, located in the national capital city
Capital City
Capital City was a television show produced by Euston Films which focused on the lives of investment bankers in London living and working on the corporate trading floor for the fictional international bank Shane-Longman....
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...
. The current meeting of Parliament, the 12th
12th Malaysian Parliament
The 12th Malaysian Parliament is the current meeting of the legislative branch of the government of Malaysia, the Parliament, comprising the directly elected lower house, the Dewan Rakyat, and the appointed upper house, the Dewan Negara...
, first convened in the Houses of Parliament on April 28, 2008.
History
Historically, none of the states forming the Federation of Malaysia had parliaments before independence. Although the British colonial government had permitted the forming of legislative councilsFederal Legislative Council
The Federal Legislative Council was the legislative body of the Federation of Malaya and the predecessor of the Malaysian Parliament. It was formed in 1948 after the abolition of the Malayan Union and the formation of the Federation, as part of the United Kingdom's promise to grant self-rule to...
for 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...
, 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...
, 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...
, these were not the supreme makers of law, and remained subordinate to the British High Commissioner. The Reid Commission
Reid Commission
The Reid Commission was an independent commission responsible for drafting the Constitution of the Federation of Malaya prior to Malayan independence from Britain on 31 August 1957.-History:...
, which drafted the Constitution of Malaya
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...
— Malaya gained independence in 1957, ahead of the other states that would later form Malaysia — modelled the Malayan system of government after that of Britain's, with a bicameral parliament, one house being directly elected, and the other being appointed by the King — just like the British House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
and House of Lords. Originally Parliament met at the former headquarters building of the Federated Malay States Volunteer Force on a hill near Jalan Tun Ismail (Maxwell Road). The Senate of Dewan Negara met in a hall on the ground floor and the Dewan rakyat met in the hall on the first floor With the completion of Parliament House in 1962, comprising a three-storey main building for the two houses of Parliament to meet, and an 18-storey tower for the offices of Ministers and members of Parliament, both houses moved there.
In 1963, when Malaya, Sabah, Sarawak and Singapore merged to form Malaysia, the Malayan Parliament was adopted for use as the Parliament of Malaysia. Under the 1957 Constitution of Malaya, most Senators were elected by the state assemblies in order to provide representation of state interests; the 1963 Constitution of Malaysia saw each state receiving two members, with the rest (including members for federal territories) being appointed by the King on the advice of the Cabinet. When Singapore seceded from Malaysia in 1965, its Legislative Assembly
Legislative Assembly
Legislative Assembly is the name given in some countries to either a legislature, or to one of its branch.The name is used by a number of member-states of the Commonwealth of Nations, as well as a number of Latin American countries....
became Parliament
Parliament of Singapore
The Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
, and it ceased to be represented in the Parliament of Malaysia.
Parliament has been suspended only once in the history of Malaysia, in the aftermath 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. From 1969 to 1971 — when Parliament reconvened — the nation was run by the National Operations Council
National Operations Council
The National Operations Council or Majlis Gerakan Negara was an emergency administrative body which attempted to restore law and order in Malaysia after the May 13 Incident in 1969, when racial rioting broke out in the federal capital of Kuala Lumpur. From 1969 to 1971, the NOC governed the...
(NOC).
Debates in Parliament are broadcast on radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
and television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
occasionally, such as during the tabling of 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...
. Proposals from the opposition to broadcast all debates live have been repeatedly rejected by the government; in one instance, a Minister said that the government was concerned over the poor conduct of the opposition as being inappropriate for broadcasting. The prohibitive cost (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...
100,000 per sitting) was also cited as a reason. In 2006, Information Minister Zainuddin Maidin cited the controversy over speeches made at the United Malays National Organisation
United Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
(UMNO) — the leading party in the ruling 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...
coalition — annual general assembly as a reason to avoid telecasting Parliamentary debates. Zainuddin said that "our society has not attained a mental maturity where it is insensitive to racial issues", citing the controversy over a delegate who said Malays would fight "to the last drop of blood" to defend the special provisions granted to them as 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"...
under 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...
.
Composition and powers
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....
, 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...
.
The Dewan Rakyat consists of 222 members of Parliament (MPs) elected from single-member constituencies drawn based on population in 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...
using the first-past-the-post
First-past-the-post
First-past-the-post voting refers to an election won by the candidate with the most votes. The winning potato candidate does not necessarily receive an absolute majority of all votes cast.-Overview:...
system. A general election is held every five years or when Parliament is dissolved by the Yang di-Pertuan Agong on the advice of the Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
. Suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
is given to registered voters
Voter registration
Voter registration is the requirement in some democracies for citizens and residents to check in with some central registry specifically for the purpose of being allowed to vote in elections. An effort to get people to register is known as a voter registration drive.-Centralized/compulsory vs...
21 years and above, however voting is not compulsory. The age requirement to stand for election is 21 years and above. When a member of Parliament dies, resigns or become disqualified to hold a seat, a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
is held in his constituency unless the tenure for the current Parliament is less than two years, where the seat is simply left vacant until the next general election.
The Dewan Negara consists of 70 members (Senators); 26 are elected by the 13 state
States of Malaysia
Malaysia is a federation which consists of thirteen states and three federal territories . Eleven states and two federal territories are located on the Malay Peninsula while the remaining two states and one federal territory are on the island of Borneo.-The states and federal territories:Malaysia...
assemblies (2 senators per state), 4 are appointed by the Yang di-Pertuan Agong to represent the 3 federal territories (2 for 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...
, 1 each for 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...
and 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...
). The rest 40 members are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister. Senators must be 30 years or above, and are appointed to a three-year term for a maximum of two terms. The dissolution of the Parliament does not affect the Dewan Negara.
Members of Parliament 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. 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 when that member has the floor; it does not apply to statements made outside the House. An exception to this rule are portions 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...
related to the social contract
Social contract (Malaysia)
The social contract in Malaysia refers to the agreement made by the country's founding fathers in the Constitution. The social contract usually refers to a quid pro quo trade-off through Articles 14–18 of the Constitution, pertaining to the granting of citizenship to the non-Bumiputera of...
, such as the Articles governing citizenship, 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"...
(Malays and indigenous people) priorities, the Malay language, etc. — all public questioning of these provisions is illegal under the 1971 amendments to the Sedition Act, which Parliament passed in the wake of the 1969 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...
. Members of Parliament are also forbidden from criticising the Yang di-Pertuan Agong and judges. Parliamentary immunity and other such privileges are set out by Article 63 of the Constitution; as such, the specific exceptions to such immunity had to be included in the Constitution by amendment after the May 13 incident.
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 of Malaysia
The Cabinet of Malaysia is the executive branch of Malaysia's government. Led by the Prime Minister, the cabinet is a council of ministers who are accountable collectively to the Parliament. According to the Article 43 of the Constitution, members of the Cabinet can only be selected from members...
, is drawn from the members of Parliament and is responsible to the Parliament. The Yang di-Pertuan Agong appoints the Prime Minister, who is the Head of Government but constitutionally subordinant to His Royal Highness, from the Dewan Rakyat. In practice, the Prime Minister shall be the one who commands the confidence of the majority of the Dewan Rakyat. The Prime Minister then submits a list containing the names of members of his Cabinet, who will then be appointed as Ministers by the Yang di-Pertuan Agong. Members of the Cabinet must also be members of Parliament, usually from the Dewan Rakyat. The Cabinet formulates government policy and drafts bills, meeting in private. The 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 dies, resigns or be otherwise incapacitated. If the Prime Minister loses the confidence of the Dewan Rakyat, whether by losing a no-confidence vote or by 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 either submit his resignation to the Yang di-Pertuan Agong, or ask the His Royal Highness to dissolve the Parliament. If His Royal Highness refuses to dissolve the Parliament (one of the Yang di-Pertuan Agong discretionary powers), the Cabinet must resign and the Yang di-Pertuan Agong will appoint a new Prime Minister.
Although the judiciary is constitutionally an independent branch of the government, after the 1988 constitutional crisis, the judiciary was made subject to Parliament; judicial powers are held by Parliament, and vested by it in the courts, instead of being directly held by the judiciary as before. The Attorney-General was also conferred the power to instruct the courts on what cases to hear, where they would be heard, and whether to discontinue a particular case.
After the general elections in 2008, Wan Azizah Wan Ismail, leader of the People's Justice Party and wife of former deputy Prime Minister Anwar Ibrahim became the leader of the opposition. She is the first female in Malaysian history to have held this position. Wan Azizah is described as the "brains" behind coalition of her own party, the leftist Democratic Action Party and the religion based Pan Malaysian Islamic Party.
Procedure
Parliament meets from Monday to Thursday when it is in session, as Friday is part of the weekend in the states of KelantanKelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....
, Kedah
Kedah
Kedah is a state of Malaysia, located in the northwestern part of Peninsular Malaysia. The state covers a total area of over 9,000 km², and it consists of the mainland and Langkawi. The mainland has a relatively flat terrain, which is used to grow rice...
, and Perlis
Perlis
Perlis is the smallest state in Malaysia. It lies at the northern part of the west coast of Peninsular Malaysia and has Satun and Songkhla Provinces of Thailand on its northern border. It is bordered by the state of Kedah to the south...
.
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 be submitted 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. Until the mid-1970s, both English and Malay
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...
(the national language) were used for debates, but henceforth, only Malay was permitted, unless permission was obtained from the Speaker of the House. 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
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....
, 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 Yang di-Pertuan Agong within 30 days if they pass it again. The Yang di-Pertuan Agong 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...
(Senate) 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, some of these critics also suggest that "Government officials often face sharp questioning in Parliament, although this is not always reported in detail in the press."
Most motions are typically approved or rejected by a voice vote
Voice vote
A voice vote is a voting method used by deliberative assemblies in which a vote is taken on a topic or motion by responding verbally....
; divisions
Division (vote)
In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...
are generally rare. In 2008, the 12th Parliament
12th Malaysian Parliament
The 12th Malaysian Parliament is the current meeting of the legislative branch of the government of Malaysia, the Parliament, comprising the directly elected lower house, the Dewan Rakyat, and the appointed upper house, the Dewan Negara...
saw the first division on the question of a supply bill.
In June 2008, two MPs announced they would be supporting a motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
against the Prime Minister, another first in the history of Parliament. The procedure surrounding a vote of no confidence is not entirely clear; as of June 18, 2008 it appeared there was no provision in the Standing Orders for whether a simple majority or a 2/3 supermajority would be necessary to pass a vote of no confidence
Relationship with the government
In theory, based on 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...
, the government is accountable to Parliament. However, there has been substantial controversy over the independence of the Malaysian Parliament, with many viewing it simply as a rubber stamp
Rubber stamp
Rubber stamping, also called stamping, is a craft in which some type of ink made of dye or pigment is applied to an image or pattern that has been carved, molded, laser engraved or vulcanized, onto a sheet of rubber. The rubber is often mounted onto a more stable object such as a wood, brick or an...
, approving the executive branch's decisions. Constitutional scholar Shad Saleem Faruqi
Shad Saleem Faruqi
Emeritus Professor Datuk Dr. Shad Saleem Faruqi is a Malaysian Emeritus Professor of Law who has served Universiti Teknologi MARA in Shah Alam, Selangor in various capacities from 1971 onwards...
has calculated that 80% of all bills the government introduced from 1991 to 1995 were passed without a single amendment. According to him, another 15% were withdrawn due to pressure from non-governmental organisations (NGOs) or other countries, while only 5% were amended or otherwise altered by Parliament. Shad concludes that "the legislative process is basically an executive process, not a parliamentary process."
Checks and balances
Theoretically, the executive branch of the government is held in check by the legislative and judiciaryCourts 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:...
branches. Parliament largely exerts control on the government through question time, where MPs question members of the cabinet on government policy, and through Select Committees that are formed to look into a particular issue.
Formally, Parliament exercises control over legislation and financial affairs. However, the legislature has been condemned as having a "tendency to confer wide powers on ministers to enact delegated legislation
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
", and a substantial portion of the government's revenue is not under Parliament's purview; government-linked companies, such as Petronas
Petronas
PETRONAS, short for Petroliam Nasional Berhad, is a Malaysian oil and gas company that was founded on August 17, 1974. Wholly owned by the Government of Malaysia, the corporation is vested with the entire oil and gas resources in Malaysia and is entrusted with the responsibility of developing and...
, are generally not accountable to Parliament. In his 1970 book The Malay Dilemma
The Malay Dilemma
The Malay Dilemma is a controversial book written by Mahathir bin Mohamad in 1970, 11 years before he became Malaysia's 4th Prime Minister.At the time of publication, Mahathir had just lost his parliamentary seat, been expelled from the ruling party UMNO and Malaysia had recently been rocked by the...
, future Prime Minister Mahathir bin Mohamad
Mahathir bin Mohamad
Tun Dr. Mahathir bin Mohamad . is a Malaysian politician who was the fourth Prime Minister of Malaysia. He held the post for 22 years from 1981 to 2003, making him Malaysia's longest serving Prime Minister. His political career spanned almost 40 years.Born and raised in Alor Setar, Kedah, Mahathir...
stated: "In the main, Parliamentary sittings were regarded as a pleasant formality which afforded members opportunities to be heard and quoted, but which would have absolutely no effect on the course of the Government. ... The sittings were a concession to a superfluous democratic practice. Its main value lay in the opportunity to flaunt Government strength." Critics have regarded Parliament as a "safe outlet for the grievances of backbenchers or opposition members," and meant largely to "endorse government or ruling party proposals" rather than act as a check on them.
Party loyalty is strictly enforced by the 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...
coalition government, which has controlled Parliament since independence. Those who have voted against the frontbench position, such as Shahrir Abdul Samad
Shahrir Abdul Samad
Datuk Seri Utama Shahrir Abdul Samad is the former Malaysian Domestic Trade and Consumer Affairs Minister, a member of Parliament, and the former chairman of the Barisan Nasional Backbenchers Club . He is a member of the United Malays National Organisation, the largest political party in the...
, have generally been severely reprimanded. Although there is no precedent of an MP being removed from the house for crossing the floor
Crossing the floor
In politics, crossing the floor has two meanings referring to a change of allegiance in a Westminster system parliament.The term originates from the British House of Commons, which is configured with the Government and Opposition facing each other on rows of benches...
, two Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
State Legislative Assemblymen who abstained from voting on an opposition-tabled motion in the State Legislative Assembly were suspended, and a stern warning was issued by then-Prime Minister Mahathir bin Mohamad
Mahathir bin Mohamad
Tun Dr. Mahathir bin Mohamad . is a Malaysian politician who was the fourth Prime Minister of Malaysia. He held the post for 22 years from 1981 to 2003, making him Malaysia's longest serving Prime Minister. His political career spanned almost 40 years.Born and raised in Alor Setar, Kedah, Mahathir...
stating that representatives from BN would likely be dismissed if they crossed the floor. This was later affirmed by Mahathir's successor, Abdullah Ahmad Badawi
Abdullah Ahmad Badawi
Tun Abdullah bin Haji Ahmad Badawi is a Malaysian politician who served as Prime Minister from 2003 to 2009. He was also the President of the United Malays National Organisation , the largest political party in Malaysia, and led the governing Barisan Nasional parliamentary coalition...
, who issued an official directive prohibiting BN MPs from voting for opposition-tabled motions in Parliament.
At one time, there was an attempt led by government backbenchers to gain Abdullah's support for a policy change which would permit some discretion in voting, but Abdullah insisted that MPs have "no leeway or freedom to do as they like". A similar policy is in place in the non-partisan 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...
— when in 2005, several Senators refused to support the Islamic Family Law (Federal Territories) (Amendment) Bill 2005, Minister in the Prime Minister's Department Nazri Aziz said that although the government would take note of the complaints, "the cabinet did not allow senators to exercise conscience voting on this issue".
There have been only six Select Committees formed since 1970, when Parliament reconvened after the May 13 Incident
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...
. Of these, three were formed between 2002 and 2005. Although question time exists for Parliament to check the power of the executive, it has been argued that the question time allotted for MPs to question the government on its policies is insufficient or ineffective. Shad has calculated that as each question time session lasts only an hour, at the most, twelve questions can be asked. Opposition Leader Lim Kit Siang of the Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
(DAP) calculated that over the space of three days (from October 10 to October 13, 2005), only 32 questions were answered orally. Of these 32 questions, only nine or 28% percent were answered by the Ministers concerned. The rest were answered either by Deputy Ministers (41%) or Parliamentary Secretaries (31%). After 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...
, Abdullah reshuffled his Cabinet, eliminating Parliamentary Secretaries, which The Sun
The Sun (Malaysia)
The Sun is Malaysia's first national free daily newspaper in tabloid form. Available from Mondays to Fridays except on public holiday, with a target audience of white-collar workers and urban youth....
greeted as a move "forcing ministers and deputy ministers to answer questions in Parliament".
Time is allocated for discussion of the annual 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...
after it is tabled by the government's representative (usually the Prime Minister); however, most MPs spend much of the time questioning the government on other issues. Shad contends that although about 20 days are given for discussion of the budget, "the budget debate is used to hit the government on the head about everything else other than the budget. From pothole
Pothole
A pothole is a type of disruption in the surface of a roadway where a portion of the road material has broken away, leaving a hole.- Formation :...
s to education policy to illegal immigrants." If Parliament votes to reject the budget, it is taken as a vote of no-confidence, forcing the government out of office. The government will then either have to reform itself with a new cabinet and possibly new Prime Minister, or call for a general election. As a result, Shad states that "MPs may criticise, they may have their say but the government will have its way" when it comes to the budget.
With the judiciary
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:...
, it is possible for the courts to declare a particular act of Parliament unconstitutional. However, this has never occurred. Parliament is not involved in the process of judicial appointments.
Department of Parliament controversy
In early October 2005, the Minister in the Prime Minister's Department in charge of parliamentary affairs, Nazri Aziz, announced the formation of a Department of Parliament to oversee its day-to-day running. The leader of the Opposition, Lim Kit Siang, immediately announced a "Save Parliament" campaign to "ensure that Parliament does not become a victim in the second most serious assault on the doctrine of separation of powersSeparation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
in the 48-year history of the nation".
Nazri soon backed down, saying he had meant an office (although he stated jabatan, which means department; pejabat is the Malay word for office) and not Department (Jabatan) of Parliament. The New Straits Times
New Straits Times
The New Straits Times is an English-language newspaper published in Malaysia. It is Malaysia's oldest newspaper still in print , having been founded as The Straits Times in 1845, and was reestablished as the "New Straits Times" in 1965. The paper served as Malaysia's only broadsheet format English...
, a newspaper owned by the United Malays National Organisation
United Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
(a key member of the ruling 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...
coalition) wrote in an editorial that "ministerial authority was established over Parliament the building" and not Parliament the institution and that "[i]f the new 'department' and its management and staff do their jobs well, the rakyat (people) would have even more of a right to expect their MPs to do theirs by turning up for Dewan sessions, preserving that quaint tradition of the quorum, on behalf of their constituencies."
Lim was dissatisfied with such a response and went ahead with a "Save Parliament" roundtable attended by several MPs (including Nazri) and non-governmental organisations (NGOs). Although Lim thanked Nazri (the only Barisan Nasional MP in attendance), he stated that the proposed department remained a threat to Parliament's independence, and had to be "seen in the context of the relentless erosion and diminution of parliamentary powers and functions by the Executive". In a statement, the roundtable found that "Nazri’s explanations were not convincing" and urged "Nazri to halt all implementation of the Cabinet decision to establish a Department or Office of Parliament until MPs and the civil society could approve and support the proposal".
On October 13 in the Dewan Rakyat, Ahmad Shabery Cheek
Ahmad Shabery Cheek
YB. Dato' Sri Ahmad Shabery Cheek is a Malaysian politician. He is the Minister of Youth and Sports in the Barisan Nasional coalition government, and sits in Parliament as the member for Kemaman, Terengganu...
(BN MP for Kemaman
Kemaman
Kemaman is a district in Terengganu, Malaysia. It is situated on the coast of the South China Sea. Kemaman district is bordered by Dungun to the north and the state of Pahang to the south....
) tabled a motion to reinstate the Parliamentary Services Act
Parliamentary Services Act
The Parliamentary Services Act 1963 is an act providing for the Parliament of Malaysia to conduct its own administration, staffing and financing...
1963 (which would provide for a parliamentary service independent of the Public Service Department currently handling parliamentary affairs) that had been repealed (upon the unilateral suggestion of then Speaker of the House, Zahir Ismail) in 1992. Ahmad Shabery demanded to know if the government would make the status of parliament as an independent institution clear, and stated that "Aside from nice flooring, chairs and walls, we don’t even have a library that can make us proud, no in-house outlet selling copies of different Acts that are passed in Parliament itself and no proper information centre."
Nazri responded that the motion would have to be referred to the House Committee for review. Shahrir Abdul Samad
Shahrir Abdul Samad
Datuk Seri Utama Shahrir Abdul Samad is the former Malaysian Domestic Trade and Consumer Affairs Minister, a member of Parliament, and the former chairman of the Barisan Nasional Backbenchers Club . He is a member of the United Malays National Organisation, the largest political party in the...
, chairman of the Barisan Nasional Backbenchers Club
Barisan Nasional Backbenchers Club
The Barisan Nasional Backbenchers Club is a loose caucus of 108 members of the lower house of the Parliament of Malaysia, the Dewan Rakyat, belonging to the governing Barisan Nasional coalition...
, then insisted that the Act be immediately restored without being referred to the Committee, and called on all MPs who supported the motion to stand. Several immediately stood, with some Opposition MPs shouting "bangun, bangun" (stand up, stand up). Following Shahrir's lead, a majority of the BN MPs also stood, including some frontbenchers. However, several ministers, including Foreign Minister Syed Hamid Albar
Syed Hamid Albar
Tan Sri Syed Hamid bin Syed Jaafar Albar , is a Malaysian politician and the former Malaysian Minister of Home Affairs. He is currently the chairman of the Land Public Transport Commission. He is also a member of the United Malays National Organisation , part of the ruling Barisan Nasional...
(who had supported repealing the Act in 1992) remained seated. Nazri then stated that the matter would remain with the Committee, as he did not want it dealt with in a slipshod manner.
The following day, Lim called on Kamaruddin Mohd Baria, who would have taken the post of Parliament Head of Administration, not to report for duty in his new post. Meanwhile, the Dewan Negara House Committee held a specially-convened meeting, which called on the government to revive the Act and to call off all moves to change the administrative structure of Parliament. The President of the Dewan Negara, Abdul Hamid Pawanteh
Abdul Hamid Pawanteh
Tan Sri Dato' Seri Abdul Hamid Pawanteh is a former Malaysian politician. He was the President of the Malaysian Senate from 2003 to 2009, and was the Chief Minister of the State of Perlis from 1986 to 1995....
, also stated that he had not been informed "at all" by the government regarding the new department or office of Parliament. Later the same day, Minister in the Prime Minister's Department Mohd Radzi Sheikh Ahmad
Mohd Radzi Sheikh Ahmad
Yang Berhomat Dato' Seri Mohd Radzi Sheikh Ahmad is the former Malaysian Minister of Home Affairs. He is a member of the Parliament of Malaysia for the seat of Kangar in Perlis, for the ruling UMNO party.Radzi was first elected to Parliament in 1982...
stated that the government had agreed to revive the Act.
However, on October 17, Nazri refused to budge on the issue of the new post of "Parliament Head of Administration" (which would make the current Parliamentary Secretary, who is accountable to Parliament and not the executive, redundant). He also stated that the Parliamentary Service Act would have to go through the Dewan Rakyat House Committee and endorsed by 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...
before being sent to the cabinet for approval. In his blog
Blog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
, Lim slammed Nazri for overlooking "the fact that when the Parliamentary Privilege Act was repealed in 1992, it was not at the recommendation of the Dewan Rakyat House Committee but merely at the unilateral request of the Speaker."
Current composition
Current seat holding in Malaysia's 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...
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 | ||||
| Pan-Malaysian Islamic Party (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)(1) Konsensus Bebas (Free Consensus) | 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:
|
|||||
| Dewan Negara | |
| Mode of Appointment | Seats |
| By King | 44 |
| By State Rep. | 26 |
| Total | 70 |
See also
- Politics of MalaysiaPolitics of MalaysiaThe politics of Malaysia takes place in the framework of a federal constitutional monarchy, in which the Yang di-Pertuan Agong is head of state and the Prime Minister of Malaysia is the head of government. Executive power is exercised by the federal government and the 13 state governments. ...
- Breakdown of Members of Parliament elected 2008Members of the Dewan Rakyat, 12th Malaysian ParliamentThis is a list of the members of the 12th Parliament of Malaysia, elected in 2008.-Results:-By Seat:-Results:-By Seat:-Results:-By Seat:-Results:-By Seat:- Results :- By Seat:- Results :- By Seat:- Results :-By Seat:...
External links
- Official Parliament website (link is broken)