©Malay Mail (Used by permission)
THE fourth Rakyat Guides this week explains the functions and constitution of the Parliament of Malaysia.
Its function is, in summary, to make and change laws as well as to oversee and manage how the Government runs the country.
This first part of the fourth Rakyat Guides describes whom and how one can become a member of the houses of Parliament.
THE fourth Rakyat Guides this week explains the functions and constitution of the Parliament of Malaysia.
Its function is, in summary, to make and change laws as well as to oversee and manage how the Government runs the country.
This first part of the fourth Rakyat Guides describes whom and how one can become a member of the houses of Parliament.
What is Parliament?
Parliament consists of the Yang di–Pertuan Agong (YDPA) and two 'Houses' known as the Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat).
The Dewan Rakyat has 222 members who are elected by Malaysian voters. These 222 members are called 'Members of Parliament' or 'MPs' for short.
The Dewan Negara consists of 70 members who are called 'Senators': 26 Senators are elected, with each State Legislative Assembly elects two Senators to represent their State in the Dewan Negara.
The other 44 Senators are appointed by the YDPA. The YDPA appoints two people from the Federal Territory of Kuala Lumpur, one person from the Federal Territory of Labuan, one person from the Federal Territory of Putrajaya and 40 other people.
What does Parliament do?
Parliament has four functions:
# It makes laws and changes laws;
# It controls how the country's money is spent;
# It oversees how the Federal Government runs the country;
# It discusses the concerns faced by Malaysians.
Who can become a member of the Dewan Rakyat and Dewan Negara?
Any Malaysian living in Malaysia who is at least 21 years old can take part in an election to become an MP.
Any Malaysian living in Malaysia who is at least 30 years old can become a Senator. A Senator is appointed for a three–year term, and each Senator can only serve two terms.
A person cannot become an MP or Senator or continue to be an MP or Senator if the person:
# is of unsound mind;
# is a bankrupt;
# holds an office of profit;
# spends more money than what is allowed under the law on his or her election campaign;
# is found guilty of a crime where the punishment is a jail term of one year or more, or a fine of RM2000 or more; or
# becomes a citizen of another country.
Can a member of the Dewan Rakyat or Dewan Negara resign?
Yes. However, if an MP resigns, he or she cannot become an MP again for five years after resigning.
What is a 'vacancy' in the Dewan Rakyat or Dewan Negara?
A vacancy in the Dewan Rakyat or Dewan Negara happens if an MP or Senator dies, resigns or is disqualified.
A vacancy must be filled within 60 days. That means that a new MP must be elected in a by–election or a new Senator must be elected by the State or appointed by the YDPA within 60 days after the vacancy happens.
Are MPs and Senators paid?
Yes. Parliament fixes the amount paid to the members of the Dewan Rakyat and Dewan Negara. These amounts are set out in an Act called the Members of Parliament (Remuneration) Act 1980. These are their current monthly allowances:
MP –– RM6,508.59
Senator –– RM4,112.79
Leader of the Opposition –– RM3,846.59
(in addition to an MP's allowance)
Speaker of the Dewan Rakyat –– RM14,907.20
(in addition to an MP's allowance)
Deputy Speaker of the Dewan Rakyat –– RM10,847.65
(in addition to an MP's allowance)
President of the Dewan Negara –– RM14,907.20
(in addition to a Senator's allowance)
Deputy President of the Dewan Negara –– RM10,847.65
(in addition to a Senator's allowance)
Are the members of Cabinet a part of Parliament?
Yes, under the Constitution, members of Cabinet must also be either MPs or Senators. The Prime Minister must be an MP.
Must MPs and Senators take an oath of office?
Yes. They take an oath to discharge their duty to the best of their ability, that they will bear true faith and allegiance to Malaysia and preserve, protect and defend the Constitution.
What is a Parliamentary sitting?
It is a meeting between the MPs in the Dewan Rakyat or between the Senators in the Dewan Negara. After every General Election, the YDPA 'summons' Parliament to sit. The YDPA is advised to do so by the Prime Minister or by the Cabinet.
Parliament must have its first sitting within 120 days from the date of the last General Election. Parliament sits in sessions. However, Parliament cannot break for more than six months between sessions.
Parliament automatically dissolves five years after its first sitting following a General Election. Parliament can be dissolved earlier than five years, with the YDPA's consent. When Parliament is dissolved, a General Election must be held within 60 days from the date it is dissolved.
How are proceedings in the Dewan Rakyat and Dewan Negara conducted?
The MPs in the Dewan Rakyat choose a Speaker (Yang di–Pertua Dewan Rakyat) and two Deputy Speakers who are in charge of proceedings in the Dewan Rakyat. The Speaker can either be an MP or someone who is qualified to stand for election to be an MP.
The Senators in the Dewan Negara choose a President (Yang di–Pertua Dewan Negara) and a Deputy President who are in charge of proceedings in the Dewan Negara.
Each House makes its own rules on how to conduct the proceedings in that House. These rules are known as the 'Standing Orders'.
What is the role of the YDPA in Parliament?
The YDPA summons and adjourns parliamentary sittings, but the YDPA must follow the advice of the Prime Minister or the Cabinet about these matters. However, the YDPA can refuse to dissolve Parliament when asked by the Prime Minister or the Cabinet.
You can also learn more about the MyConstitution Campaign or follow it on:
www.perlembagaanku.com
www.malaysianbar.org.my/
www.facebook.com/
www.twitter.com/MyConsti
www.youtube.com/user/