The Malaysian Constitution's provisions on Federal Elections

The Malaysian Constitution’s provisions on

Federal Elections

Version dated 27 May 2012

Content

1 Parliamentary Cycle2 Parliament3 Voters4 Formation of

Cabinet5 Election Commission

1 Parliamentary

Cycle

≤ 5 yearsEach 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

Parliament Dissolved

Next Parliament,

within 120 days ofdissolution

Elections,within

60 days ofdissolution

The 12th Parliament held its first meeting on 28 April 2008

It will automatically dissolve in April 2013, if not dissolved earlier by the Yang di-Pertuan Agong.

2 Parliament

Dewan Rakyat

Dewan Negara

Lower House.

222 elected MPs

Upper House.

70 appointed senators.

The 222 Dewan Rakyat MPs represent the following constituencies:

Sarawak

31

Perak

24

N. Sembilan

8

K. Lumpur

11

Selangor

22

Penang

13

Johor

26

Perlis

3Kedah

15Labuan

1Kelantan

14Terengganu

8

Pahang

14

Sabah

25

Malacca

6Putrajaya

1

3 Voters

* Is 21 years of age

** Is resident in a constituency or, if not a resident, is an absent voter

*** Is registered in

the electoral roll as an elector in the constituency in which he or she resides

A citizen may vote in an election if he or she:

4 Formation of

Cabinet

Cabinet is formed ✔

2. YDPA appoints other Ministers under PM’s adviceActing on the advice of the PM, the YDPA appoints other Ministers from among the members of either the Dewan Rakyat or the Dewan Negara.

1. YDPA appoints PM Acting in his discretion, the YDPA first appoints as Prime Minister a member of the Dewan Rakyat who in the YDPA’s judgment is likely to command the

confidence of the majority of that Dewan; and

Under the Constitution, any member of the Dewan Rakyat who “commands the confidence of the majority” of the Dewan may be appointed as the Prime Minister. There are no other qualification requirements in the Constitution for anyone to become a PM.

Must the Malaysian PM be of any particular race or religion?

5Election

Commission

PM advises the YDPA to appoint

a person selected by the

PM as a member of the

EC

YDPA appoints* that person to the EC, after

consulting the Conference of

Rulers

The 7 members of the EC are in effect appointed by the Prime Minister, through this process: Chairman, EC

Deputy Chairman, EC

Ordinary Member, EC

Ordinary Member, EC

Ordinary Member, EC

Ordinary Member, EC

Ordinary Member, EC

* The YDPA, as a constitutional monarch, is required to act on the advice of the PM

PM

Security of TenureTo enhance the independence of the EC, its members:• cannot be removed except on

exceptional grounds, such as infirmity of mind or bankruptcy

• cannot be MPs, senators or State legislative assembly members

Furthermore, their remuneration and other terms of appointment cannot be altered to their detriment.

Chairman, EC

Deputy Chairman, EC

Ordinary Member, EC

Ordinary Member, EC

Ordinary Member, EC

Ordinary Member, EC

Ordinary Member, EC

The main functions of the Election Commission are to:

Conduct Federal and State elections

Prepare and revise electoral rolls for

elections

Recommend alterations to

Federal and State Constituencies

1 2 3

Review II(To take no more

than 2 years)

Review of Federal and State ConstituenciesThe EC has the discretion to conduct reviews of

constituencies and recommend changes.

Review I(To take no more

than 2 years)

There must be at least 8 years between the end of one review and

the start of the next

Guiding Principles/Considerations for Review of Constituencies

Constituencies should not cross State boundaries

State constituencies

should not cross federal

constituencies

Availability of administrative facilities within

each constituency for registration

and voting

Number of voters in each state constituency

should be approximately

equal, with weightage for

area in respect of rural

constituencies

The inconveniences arising from the

alteration and the maintenance of

local ties

1 2 3 4 5

1 2 3 4 5

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