the legislature.doc

8/14/2019 THE LEGISLATURE.doc

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THE LEGISLATURE

Legislative authority in Malaysia is vested by the Constitution inParliament (Article 44 of the Federal Constitution) and the StateLegislative Assemblies (Article 7 and 74)!

Article 44 defines Malaysian Parliament as consisting of the "ang di#Pertuan Agong$ Dewan Rakyat and Dewan Negara! %he Parliament isthus a bicameral legislature! %he State Legislative Assemblies areunicameral$ having only one house!

Currently the Dewan Rakyatconsists of &&& elected members! %heDewan Negara consists of 7' elected and aointed members asfollos*

&+ state reresentatives (& from each state) elected by State

Legislative Assemblies

,eresentatives of the Federal %erritories of -uala Lumur (&)$Labuan (.) and Putra/aya (.) aointed by the "ang di#PertuanAgong

4' other members aointed by the "ang di#Pertuan Agong!

Sessions, Meetings and Sittings of Parliament

A Parliament continues for a eriod of five years from the date of itsfirst meeting$ unless it is sooner dissolved! 0n the e1iry of the five#year eriod$ the Parliament stands dissolved by oeration of la2Article 33()!

5issolution terminates the membershi of all members of the DewanRakyat(hose members are elected through direct elections)$ thoughnot the Dewan Negara! Article 43() of the Federal Constitution states*

%he term of office of a member of the Senate shall be threeyears and shall not be affected by dissolution of Parliament!

A general election must be held ithin +' days of dissolution and thene Parliament must be summoned ithin .&' days of dissolution! 0nbeing summoned$ the Parliament is then being 6in session (Malay*Penggal)!

A arliamentary session lasts for about one year! 8y convention$ asession begins ith the 6seech from the throne$ in hich thegovernment outlines its legislative rograms for the session$ and endshen Parliament is rorogued! 8efore being dissolved on . February&''9$ the Parliament is in its 4thsession!


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A session consists of a number of meetings (Malay* Mesyuarat)$ ofhich there are usually five or si1 in a session! A meeting consists of anumber of sittings! Any eriod in hich the Parliament deliberatesithout ad/ournment constitutes a sitting!

Legislative Procedure

Pre-Parliamentary Legislative Procedure

%he Cabinet considers overall olicy of legislation

%he arliamentary draftsmen at the Attorney#:eneral;s Chamber

draft a 8ill (Malay* Rang Undang-Undang) ith consultation ofrelevant deartments or ministries

%he Cabinet aroves the 8ill for resentation to both houses of

Parliament

Parliamentary Legislative Procedure

%o tyes of 8ill*

:overnment 8ill # a 8ill hich is introduced by the :overnment!

Private Members; 8ill # a 8ill hich is introduced by the individual

member of Parliament!

A 8ill may originate from both houses of Parliament! A financiallegislation$ hoever$ may only be introduced by a Minister in theDewan Rakyat (Article +7)!

Procedures:

First ,eading # A 8ill is first introduced in one of the to houses!

0nly the title of the 8ill is actually read!

Second ,eading # Members debate the 8ill! ouse # ?hen a 8ill assed one house$ it is sent to the

other house$ here it follos a similar attern!


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assent to the 8ill 2Article ++(4)!


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(.) %he validity of any roceedings in either >ouse of Parliamentor any committee thereof shall not be Buestioned in any court!

(&) @o erson shall be liable to any roceedings in any court inresect of anything said or any vote given by him hen ta=ing

art in any roceedings of either >ouse of Parliament or anycommittee thereof!

() @o erson shall be liable to any roceedings in any court inresect of anything ublished by or under the authority of either>ouse of Parliament!

>oever$ there are e1cetions to this rivilege! Clause (4) and (3) ofArticle + rovides*

(4) Clause (&) shall not aly to any erson charged ith an

offence under the la assed by Parliament under Clause (4) ofArticle .' or ith an offence under the Sedition Act .49 .+ct/01as amended by the Gmergency (Gssential Poers) 0rdinance@o! 43$ .7' .P2U2 .+1 34356712

(3) @otithstanding Clause (4)$ no erson shall be liable to anyroceedings in any court in resect of anything said by him ofthe "ang di#Pertuan Agong or a ,uler hen ta=ing art in anyroceedings of either >ouse of Parliament or any committeethereof e1cet here he advocates the abolition of theconstitutional osition of the "ang di#Pertuan Agong as the

Sureme >ead of the Federation or the constitutional osition ofthe ,uler of a State$ as the case may be!


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%he President and 5euty President of Dewan Negara must bemembers of the >ouse!

!pposition Leader

%he Leader of 0osition is a osition recognied by the la hichrovides for his salary! Folloing is the list of the Leaders of 0ositionsince .+9*

Lim -it Siang (.+9 # .)

Fadil @oor (. # &''&)

>adi Aang (&''& # &''4)

Lim -it Siang (&''4 # &''9)

Standing !rders

%he rocedure of Dewan Rakyatis governed by its on Standing 0rderand the ractice and decisions of the Sea=er! %here is a Standing0rder Committee$ hich recommends changes from time to time!

%he Standing 0rder governs matters such as the time that should bedevoted to government and oosition businessD motion on matters ofublic urgencyD rohibition of seditious or un#arliamentary ordsD etc!

"he #e$an %egara

%he uroses of Dewan Negaraare*

%o enable e1erienced and talented ersons to serve in a

legislative caacity

%o act as a chamber of second thoughts to allo for more

reflections than ould otherise be ossible in the heat of artyolitical debate in the Dewan Rakyat

%o ensure reresentation of the States in the legislative rocess

Article 43(4) allos Parliament to*

.a1

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