Dewan Rakyat

The Dewan Rakyat (Malay for 'House of Representatives'; lit. 'People's Assembly') is the lower house of the bicameral Parliament, the federal legislature of Malaysia. The chamber and its powers are established by Article 44 of the Constitution of Malaysia. The Dewan Rakyat sits in the Houses of Parliament in Kuala Lumpur, along with the Dewan Negara, the upper house.

House of Representatives

Dewan Rakyat
14th Parliament
Type
Type
Term limits
None (5-year terms)
Leadership
Azhar Azizan Harun, Independent[1]
since 13 July 2020
Deputy Speaker
Mohd Rashid Hasnon, PPBM[2][3]
since 16 July 2018
Deputy Speaker
Azalina Othman Said, BN-UMNO[4]
since 13 July 2020
Nizam Mydin
since 13 May 2020
Muhyiddin Yassin, PPBM[5]
since 1 March 2020
Anwar Ibrahim, PH-PKR[6]
since 13 July 2020
Structure
Seats222
Political groups
As of 31 July 2020

Government (112)

  •      UMNO (39)

Confidence and supply (1)

  Independent (1)

Opposition (109)

  Pakatan Harapan (109)
  •      DAP (42)
  •      PKR (38)
  •      AMANAH (11)
  WARISAN (9)
  PSB (2)
  UPKO (1)
  PEJUANG (6)
Committees
Elections
First-past-the-post
Last election
9 May 2018
Next election
By 16 September 2023
Meeting place
Dewan Rakyat chamber
Malaysian Houses of Parliament,
Kuala Lumpur, Malaysia
Website
Official website

The Dewan Rakyat is a directly elected body consisting of 222 members known as Members of Parliament (MPs). Members are elected by first-past-the-post voting with one member from each federal constituency. Members hold their seats until the Dewan Rakyat is dissolved, the term of which is constitutionally limited to five years after an election. The number of seats each state or territory is entitled to is fixed by Article 46 of the Constitution.

While the concurrence of both chambers of Parliament is normally necessary for legislation to be enacted, the Dewan Rakyat holds significantly more power in practice; the Dewan Negara very rarely rejects bills that have been passed by the Dewan Rakyat and the Dewan Rakyat can bypass the Dewan Negara if it refuses to pass a specific law twice, with at least one year in between. The Cabinet is solely responsible to the Dewan Rakyat, and the prime minister only has to maintain the support of the lower house.

Membership

Members are referred to as "Members of Parliament" ("MPs") or "Ahli Dewan Rakyat" (lit. 'member of the Dewan Rakyat') in Malay. The term of office is as long as the member wins in the elections.

A member of the Dewan Rakyat must be at least 18 years of age and must not concurrently be a member of the Dewan Negara. The presiding officer of the Dewan Rakyat is the Speaker, who is elected at the beginning of each Parliament or after the vacation of the post, by the MPs. Two Deputy Speakers are also elected, and one of them sits in place of the Speaker when he is absent. The Dewan Rakyat machinery is supervised by the Clerk of the House who is appointed by the King; he may only be removed from office through the manner prescribed for judges or by mandatory retirement at age 60.[7]

As of the 2018 general election, the Dewan Rakyat has 222 elected members. Members are elected from federal constituencies drawn by the Election Commission. Constituency boundaries are redrawn every ten years based on the latest census.

Each Dewan Rakyat lasts for a maximum of five years, after which a general election must be called. In the general election, voters select a candidate to represent their constituency in the Dewan Rakyat. The first-past-the-post voting system is used; the candidate who gains the most votes wins the seat.

Before a general election can be called, the King must first dissolve Parliament on the advice of the Prime Minister.[7] According to the Constitution, the Yang di-Pertuan Agong has the right at his own discretion to either grant or withhold consent to dissolve the parliament.

Powers and procedure

Parliament is the legislative branch of the federal government and is responsible for passing, amending and repealing primary legislation. These are known as Acts of Parliament.

Members of Parliament possess parliamentary privilege and 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. Immunity is effective 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 is made by the Sedition Act passed by Parliament in the wake of the 13 May racial riots in 1969. Under the Act, all public discussion of repealing certain Articles of the Constitution dealing with Bumiputra privileges such as Article 153 is illegal. This prohibition is extended to all members of both houses of Parliament.[8] Members of Parliament are also forbidden from criticising the King and judges.[9]

The executive government, comprising the Prime Minister and his Cabinet, is usually drawn from members of Parliament; most of its members are typically members of the Dewan Rakyat. After a general election or the resignation or death of a Prime Minister, the King selects the Prime Minister, who is the head of government but constitutionally subordinate to him, from the Dewan Rakyat. In practice, this is usually the leader of the largest party in Parliament. The Prime Minister then submits a list containing the names of members of his Cabinet, who will then be appointed as Ministers by the King. Members of the Cabinet must also be members of Parliament. If the Prime Minister loses the confidence of the Dewan Rakyat, whether by losing a no-confidence vote or failing to pass a budget, he must either advice the King to dissolve Parliament and hold a general election or submit his resignation to the King. The King has the discretion to grant or withheld consent to the dissolution. If consent is withheld, the government must resign and the King would appoint a new Prime Minister that has the support of the majority of members of Parliament. The Cabinet formulates government policy and drafts bills, meeting in private. Its 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 or be otherwise incapacitated.[10]

A proposed act of law begins its life when a particular government minister or ministry prepares a first draft with the assistance of the Attorney-General's Department. The draft, known as a bill, is then discussed by the Cabinet. If it is agreed to submit it to Parliament, the bill is distributed to all MPs. It then goes through three readings before the Dewan Rakyat. The first reading is where the minister or his deputy submits it to Parliament. At the second reading, the bill is discussed and debated by MPs. At the third reading, the minister or his deputy formally submit it to a vote for approval. A simple majority is usually required to pass the bill, but in certain cases, such as amendments to the constitution, a two-thirds majority is required. Should the bill pass, it is sent to the Dewan Negara, where the three readings are carried out again. The Dewan Negara may choose not to pass the bill, but this only delays its passage by a month, or in some cases, a year; once this period expires, the bill is considered to have been passed by the house.[11]

If the bill passes, it is presented to the Yang di-Pertuan Agong who has 30 days to consider the bill. Should he disagree with it, he returns it to Parliament with a list of suggested amendments. Parliament must then reconsider the bill and its proposed amendments and return it to the King within 30 days if they pass it again. The King then has another 30 days to give the royal assent; otherwise, it passes into law. The law does not take effect until it is published in the Government Gazette.[12]

The government attempts to maintain top secrecy regarding bills debated; MPs generally receive copies of bills only a few days before they are debated, and newspapers are rarely provided with copies of the bills before they are debated. In some cases, such as a 1968 amendment to the Constitution, an MP may be presented with a bill to be debated on the same day it is tabled, and all three readings may be carried out that day itself.[13] In rare circumstances, the government may release a White paper containing particular proposals that will eventually be incorporated into a bill; this has been done for legislation such as the Universities and University Colleges Act.[14]

Although the process above assumes only the government can propose bills, there also exists a process for private member's bills. However, unlike most other legislatures following the Westminster system, few members of Parliament actually introduce bills.[15] To present a private member's bill, the member in question must seek the leave of the House in question to debate the bill before it is moved. Originally, it was allowed to debate the bill in the process of seeking leave, but this process was discontinued by an amendment to the Standing Orders of the Dewan Rakyat.[16] It is also possible for members of the Dewan Negara to initiate bills; however, only cabinet ministers are permitted to move finance-related bills, which must be tabled in the Dewan Rakyat.[17]

It is often alleged that legislation proposed by the opposition parties, which must naturally be in the form of a private member's bill, is not seriously considered by Parliament. Some have gone as far as to claim that the rights of members of Parliament to debate proposed bills have been severely curtailed by incidents such as an amendment of the Standing Orders that permitted the Speaker to amend written copies of MPs' speeches before they were made. Nevertheless, it is admitted by some of these critics that "government officials often face sharp questioning in Parliament, although this is not always reported in detail in the press."[18]

Current composition

Affiliation Leader in Parliament Status Seats
2018 election Current
Barisan Nasional Ismail Sabri Yaakob Coalition government 79 43
Malaysian United Indigenous Party Muhyiddin Yassin 13 (part of PH) 31
Malaysian Islamic Party Tuan Ibrahim 18 18
Gabungan Parti Sarawak Fadillah Yusof 19 (part of BN) 18
United Sabah Party Maximus Ongkili 1 (part of BN) 1
Homeland Solidarity Party Jeffrey Kitingan 1 1
Independent 3 1
Pakatan Harapan Anwar Ibrahim Opposition 113 91
Sabah Heritage Party Shafie Apdal 8 9
Parti Sarawak Bersatu Masir Kujat 0 2
United Progressive Kinabalu Organisation Wilfred Madius Tangau 1 (part of BN) 1
Independent Independent Bloc 3 6
Total 222 222

Latest election result

 Summary of the 9 May 2018 Malaysian Dewan Rakyat election results
Party Vote Seats
Votes % Won % +/–
Alliance of Hope[lower-alpha 1]PH5,518,638[19]45.6811350.90 45
People's Justice PartyPKR2,046,39416.944721.17 17
Democratic Action Party[lower-alpha 2]DAP2,098,06818.924218.92 4
Malaysian United Indigenous PartyPPBM718,6485.95135.86 13
National Trust Party[lower-alpha 3]AMANAH655,5285.43114.95 11
Sabah Heritage Party (Pakatan Harapan ally)WARISAN280,5202.3283.61 8
National Front[lower-alpha 4]BN4,080,79733.777935.59 54
United Malays National OrganisationUMNO2,525,71320.905424.32 34
United Bumiputera Heritage PartyPBB220,4791.83135.86 1
Sarawak People's PartyPRS59,2180.4931.35 3
Malaysian Indian CongressMIC167,0611.3821.35 2
Progressive Democratic PartyPDP59,8530.5020.90 2
Malaysian Chinese AssociationMCA653,3465.4110.45 6
Sarawak United People's PartySUPP122,5401.0110.45
United Sabah PartyPBS58,3510.4810.45 3
United Pasokmomogun Kadazandusun Murut OrganisationUPKO57,0620.4710.45 2
United Sabah People's PartyPBRS11,7830.1010.45
Malaysian People's Movement PartyGERAKAN128,9731.0700 1
Liberal Democratic PartyLDP8,9960.0700
People's Progressive PartymyPPP7,4220.0600
Ideas of ProsperityGS2,041,18616.90188.11 3
Pan-Malaysian Islamic PartyPAS2,032,08016.82188.11 3
Malaysian National Alliance Party[lower-alpha 5]IKATAN9,0250.0800
Pan-Malaysian Islamic FrontBERJASA810.0000
Love Malaysia Party (Strategic partner of Ideas of Prosperity)PCM5020.0000
United Sabah AllianceUSA67,1750.5610.45 1
Homeland Solidarity PartySTAR21,3610.1810.45 1
Sabah People's Hope PartyPHRS37,7080.3100
Sabah Progressive PartySAPP6,0900.0500
Sabah People's Unity PartyPPRS2,0160.0200
Love Sabah PartyPCS8,6030.0700
Socialist Party of MalaysiaPSM3,7820.0300 1
Malaysian People's PartyPRM2,3720.0200
Malaysian United PartyMUP2,1020.0200
State Reform PartySTAR1,2990.0100
Sabah Native Co-operation PartyAnak Negeri1,1730.0100
People’s Alliance For Justice of PeacePEACE1,0050.0100
Penang Front PartyPFP8920.0000
New Sarawak Native People's PartyPBDSB5380.0000
Land of the Hornbill PartyPBK3920.0000
People's Alternative PartyPAP3020.0000
IndependentsIND71,1530.5931.35 3
Valid votes12,082,431[19]
Invalid/blank votes217,083[19]
Total votes (voter turnout: 82.32%)12,299,514100.00222100.00TBA
Did not vote2,641,110
Registered voters[lower-alpha 6]14,940,624
Ordinary voters[lower-alpha 6]14,636,716
Early voters[lower-alpha 6]300,255
Postal voters[lower-alpha 6]3,653
Voting age population[lower-alpha 7] (aged 21 years and above)18,359,670
Malaysian population[lower-alpha 8]32,258,900

Source: Election Commission of Malaysia (SPR)[20]

  1. Contested using People's Justice Party election symbol on the ballot papers.
  2. Contested using rocket election symbol on the ballot papers in East Malaysia.
  3. Contested using white mountain election symbol on the ballot papers in Batu Sapi, Sabah.
  4. Contested using dacing election symbol on the ballot papers.
  5. Contested using green moon election symbol on the ballot papers in the election.
  6. Abdullah, Mohd. Hashim (10 April 2018). Urusan Pilihan Raya Umum ke-14 (in Malay). SPR Media Statement. Retrieved on 8 May 2018.
  7. The estimates are correct as at February 2018. See Zulkipli, Nur Lela (12 February 2018). 3.6 juta orang muda belum daftar pengundi (in Malay). Berita Harian. Retrieved on 9 May 2018.
  8. Malaysia (6 February 2018). Perangkaan Demografi Suku Tahun Keempat (ST4) 2017, Malaysia (in Malay). Department of Statistics Malaysia Media Statement. Retrieved on 9 May 2018.

Members per state and federal territory

State /
federal territory
Number of seats Population
(2010
census)
Population per seat
F. T. Kuala Lumpur111,627,172147,925
F. T. Labuan185,27285,272
F. T. Putrajaya167,96467,964
 Johor263,233,434124,363
 Kedah151,890,098126,007
 Kelantan141,459,994104,285
 Malacca6788,706131,451
 Negeri Sembilan8997,071124,634
 Pahang141,443,365103,098
 Penang131,520,143116,934
 Perak242,258,42894,101
 Perlis3227,02575,675
 Sabah253,120,040124,802
 Sarawak312,420,00978,065
 Selangor225,411,324245,969
 Terengganu81,015,776126,972

Notes and references

  1. https://www.hmetro.com.my/utama/2020/07/599373/parlimen-azhar-harun-speaker-baharu
  2. https://www.hmetro.com.my/mutakhir/2018/07/358350/mohd-rashid-nga-dipilih-timbalan-yang-di-pertua-dewan-rakyat
  3. https://www.freemalaysiatoday.com/category/nation/2020/02/26/azmin-10-mps-to-join-ppbm-amid-signs-of-about-turn-by-pkr-over-support-for-dr-m/
  4. https://www.hmetro.com.my/mutakhir/2020/07/599396/parlimen-azalina-dilantik-timbalan-speaker
  5. https://www.thestar.com.my/news/nation/2020/03/01/muhyiddin-is-eighth-pm-says-king
  6. Hansard 13 July 2020
  7. "Government: Parliament: Dewan Rakyat". Retrieved 8 February 2006. Archived 14 June 2004 at the Wayback Machine
  8. Means, Gordon P. (1991). Malaysian Politics: The Second Generation, pp. 14, 15. Oxford University Press. ISBN 0-19-588988-6.
  9. Myytenaere, Robert (1998). "The Immunities of Members of Parliament" Archived 25 July 2006 at the Wayback Machine. Retrieved 12 February 2006.
  10. "Branches of Government in Malaysia" Archived 7 February 2006 at the Wayback Machine. Retrieved 3 February 2006.
  11. Shuid, Mahdi & Yunus, Mohd. Fauzi (2001). Malaysian Studies, pp. 33, 34. Longman. ISBN 983-74-2024-3.
  12. Shuid & Yunus, p. 34.
  13. Tan, Chee Koon & Vasil, Raj (ed., 1984). Without Fear or Favour, p. 7. Eastern Universities Press. ISBN 967-908-051-X.
  14. Tan & Vasil, p. 11.
  15. Ram, B. Suresh (16 December 2005). "Pro-people, passionate politician" Archived 27 April 2006 at the Wayback Machine. The Sun.
  16. Lim, Kit Siang (1997). "Consensus Against Corruption". Retrieved 11 February 2006.
  17. Henderson, John William, Vreeland, Nena, Dana, Glenn B., Hurwitz, Geoffrey B., Just, Peter, Moeller, Philip W. & Shinn, R.S. (1977). Area Handbook for Malaysia, p. 219. American University, Washington D.C., Foreign Area Studies. LCCN 771294.
  18. "Malaysia". Retrieved 22 January 2006.
  19. Koh, Aun Qi (15 May 2018). "Discrepancies in media reports of GE14 popular vote". Malaysiakini. Retrieved 15 May 2018.
  20. "Dashboard PRU 14". Pilihan Raya Umum Malaysia 14. Suruhanjaya Pilihan Raya Malaysia. Retrieved 11 May 2018.
gollark: How about just one where instructions change behavior if used?
gollark: So far all known sandbox exploits have been patched, but there are undoubtedly many unknown not patched ones!
gollark: * rightctrl+w
gollark: There's also sandboxing of user code, so people can hit ctrl+w easily to wipe everything.
gollark: Well, yes, but it blocks BlahOS.
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