The Parliament of Malaysia (; Jawi: ) is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the Dewan Rakyat (House of Representatives, lit. "People's Assembly") and the Dewan Negara (Senate, lit. "State Assembly"). The Yang di-Pertuan Agong (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 term "Member of Parliament (MP)" usually refers to a member of the Dewan Rakyat, the lower house of the Parliament. The term "Senator" usually refers to a member of the Dewan Negara, the upper house of the Parliament.
History
Colonial and the Federation of Malaya Historically, none of the states forming the Federation of Malaysia had parliaments before independence, save for Sarawak which had its own Council Negeri which enabled local participation and representation in administrative work since 1863. Although the British colonial government had permitted the forming of legislative councils for Malaya, Singapore, Sabah and Sarawak, these were not the supreme makers of law, and remained subordinate to the British High Commissioner or the Rajah, in case of Sarawak.
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 the British system: a bicameral parliament, with one house being directly elected, and the other having limited powers with some members being appointed by the King, as is the case with the British House of Commons and House of Lords. In line with the federal nature of the new country, the upper house would also have members elected by state legislative assemblies in addition to members appointed by the King.
The Constitution provided for the pre-independence Federal Legislative Council to continue to sit as the legislative body of the new country until 1959, when the first post-independence general election were held and the first Parliament of Malaya were elected.
Parliament first sat at the former headquarters building of the Federated Malay States Volunteer Force on a hill near Jalan Tun Ismail (Maxwell Road). The Dewan Negara met in a hall on the ground floor while the Dewan Rakyat met in the hall on the first floor.Interview on 28 March 2011 with retired JKR engineer, Yoon Shee Leng, who built Parliament House. 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.
Malaysia In 1963, when Malaya, Sabah, Sarawak and Singapore merged to form Malaysia, the Malayan Parliament was adopted for use as the Parliament of Malaysia. Both Dewan Rakyat and Dewan Negara were expanded to include representatives from the new states. The 55 new members of the Dewan Rakyat joined for the first time in the 2 November 1963 session. 33 were part of Alliance parties, 12 were from the People's Action Party, 3 from Parti Negara Sarawak, 3 from Barisan Sosialis, 3 from Sarawak United Peoples' Party, and 1 independent.
When Singapore seceded from Malaysia in 1965, it ceased to be represented in the Parliament of Malaysia.
Significant change regarding the composition of Dewan Negara occurred during this period. Under the 1957 Constitution of Malaya, senators elected by the state assemblies were in the majority, totalling 22 members with 2 for each state, while there were only 16 appointed members. The 1963 Constitution of Malaysia retains the provision that each state sends two senators, but subsequent amendments gradually increased the number of appointed members to 40 (plus another 4 appointed for representing the federal territories), leaving state-elected members in the minority and effectively diminishing the states' representation in Dewan Negara.Funston, John (2001). "Malaysia: Developmental State Challenged". In John Funston (Ed.), Government and Politics in Southeast Asia, pp. 180, 183. Singapore: Institute of Southeast Asian Studies.
Parliament has been suspended twice in the history of Malaysia. The first suspension of Parliament occurred after the 13 May race riots in 1969, where a state of emergency was declared and the nation was run by the National Operations Council (NOC) for two years until the Parliament reconvened in February 1971. Fifty years later, the Parliament was suspended a second time in the history in January 2021 during the 2021 Malaysian state of emergency due to rising COVID-19 infections and political instability in the country. The suspension lasted only for 6 months and the Parliament was reconvened in July 2021.
Debates in Parliament are broadcast on radio and television occasionally, such as during the tabling of a budget. In 2004, proposals from the opposition to broadcast all debates live were rejected by the government. The high cost of live broadcast (RM100,000 per sitting) was cited as a reason by the Information Minister. In one instance, Prime Minister's Department Minister Nazri Aziz claimed that such rejection is due to the "unruly manner" of the opposition, which are inappropriate for broadcasting."MALAYSIA: Why Parliament sessions can't go live on TV". (6 May 2004). Straits Times.
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.Malaysia "not mature" enough for parliament broadcasts: minister. Malaysia Today.
Since 2013, parliamentary debates are broadcast live on state television TV1.
Composition and powers
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."Branches of Government in Malaysia" . Retrieved 3 February 2006.
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 18 years and above; however, voting is not compulsory. The age requirement to stand for election is 18 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, Bumiputera (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 13 May race riots.Means, Gordon P. (1991). Malaysian Politics: The Second Generation, pp. 14, 15. Oxford University Press. . Members of Parliament are also forbidden from criticising the Yang di-Pertuan Agong and judges.Myytenaere, Robert (1998). "The Immunities of Members of Parliament" . Retrieved 12 February 2006. 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 13 May 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 Majesty, 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 die, resign 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 His Majesty to dissolve the Parliament. If His Majesty 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."Malaysia". Retrieved 22 January 2006.
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.Malaysia Has A Female Opposition Leader For The First Time In History . AHN, 28 April 2008 Wan Azizah is described as the "brains" behind the coalition of her own party, the 'leftist' Democratic Action Party (DAP) and the religion based Pan Malaysian Islamic Party.Malaysia's new lawmakers take oath of office to join Parliament after historic polls. International Herald tribune. 28 April 2008
Procedure