The Malaysian Constitution's provisions on Federal Elections


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A presentation on the provisions of the Malaysian Constitution which relate to Federal Elections, covering topics such as the Parliamentary cycle, federal constituencies, Election Commission, and the formation of Cabinet.

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The Malaysian Constitution's provisions on Federal Elections

  1. 1. Version dated 27 May 2012
  2. 2. ≤ 5 years Each Parliament lasts for 5 years from its first meeting, unless dissolved earlier by the Yang di-Pertuan Agong at the PM’s request New Parliament Elections, NextParliament Dissolved within Parliament, 60 days of within dissolution 120 days of dissolution
  3. 3. The 12thParliament held itsfirst meeting on28 April 2008It willautomaticallydissolve in April2013, if notdissolved earlierby the Yang di-Pertuan Agong.
  4. 4. Lower Upper House. House.222 elected 70 MPs appointed senators. Dewan Dewan Rakyat Negara
  5. 5. The 222 Dewan Rakyat MPs represent the following constituencies: Kedah Perlis Kelantan Terengganu Labuan Sabah 15 3 14 8 1 25 Penang 13 Perak Pahang 24 14 Selangor Johor 22 26 K. Lumpur 11 Putrajaya N. Sembilan Malacca Sarawak 1 8 6 31
  6. 6. A citizen may vote in an election if he or she:Is 21 years Is resident in a Is registered in* ***of age ** constituency the electoral roll or, if not a as an elector in resident, is an the constituency absent voter in which he or she resides
  7. 7. 1. YDPA appoints PMActing in his discretion, the YDPA first appoints as Prime Minister a memberof the Dewan Rakyat who in the YDPA’s judgment is likely to command the confidence of the majority of that Dewan; and 2. YDPA appoints other Ministers under PM’s advice Acting on the advice of the PM, the YDPA appoints other Ministers from among the members of either the Dewan Rakyat or the Dewan Negara. Cabinet is formed ✔
  8. 8. Under the Constitution, any member of the DewanRakyat who “commands the confidence of themajority” of the Dewan may be appointed as thePrime Minister. There are no other qualificationrequirements in the Constitution for anyone tobecome a PM.
  9. 9. The 7 members of the EC are in effect appointed by the Prime Minister, through this process: Chairman, EC Deputy Chairman, EC PM PM advises the Ordinary Member, EC YDPA to appoint YDPA appoints* a person that person to the selected by the EC, after Ordinary Member, EC PM as a consulting the member of the Conference of Ordinary Member, EC EC Rulers Ordinary Member, EC Ordinary Member, EC* The YDPA, as a constitutional monarch, is requiredto act on the advice of the PM
  10. 10. Security of Tenure Chairman, ECTo enhance the independence of the Deputy Chairman, ECEC, its members:• cannot be removed except on Ordinary Member, EC exceptional grounds, such as infirmity of mind or bankruptcy Ordinary Member, EC• cannot be MPs, senators or State legislative assembly members Ordinary Member, ECFurthermore, their remuneration andother terms of appointment cannot Ordinary Member, ECbe altered to their detriment. Ordinary Member, EC
  11. 11. The main functions of the Election Commission are to:Conduct Federal and Prepare and revise Recommend State elections electoral rolls for alterations to elections Federal and State Constituencies 1 2 3
  12. 12. Review of Federal and State Constituencies The EC has the discretion to conduct reviews of constituencies and recommend changes. There must be at least 8 years Review I between the end of one review and Review II(To take no more (To take no more than 2 years) the start of the next than 2 years)
  13. 13. Guiding Principles/Considerations for Review of Constituencies Number of voters in each state Availability of State constituency The inconveniences administrative Constituencies constituencies should be arising from the facilities withinshould not cross should not cross approximately alteration and the each constituencyState boundaries federal equal, with maintenance of for registration and constituencies weightage for area local ties voting in respect of rural constituencies 1 2 3 4 5
  14. 14. This presentation is published on: Also available:1 2 3 4 5