1.

0 INTRODUCTION

In this assignment we will know on how the Malaysian government is administered

through certain bodies. It also will be introduced to the functions and roles of the
Yang di-Pertuan Agong and the Council of Rulers in the upholding of the three main
components of the Malaysian Government System. In additional, it will open our
mind about the function of the legislature.

Legislature is one of the three federal government which legislature is a deliberative

assembly with the authority to make laws for a political entity such as
a country or city. Legislatures form important parts of most governments; in
the separation of powers model, they are often contrasted with
the executive and judicial branches of government.

Laws enacted by legislatures are known as primary legislation. Legislatures observe

and steer governing actions and usually have exclusive authority to amend
the budget or budgets involved in the process.

The members of a legislature are called legislators. In a democracy, legislators are

most commonly popularly elected, although indirect election and appointment by the
executive are also used, particularly for bicameral legislatures featuring an upper
chamber.

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2.0 Component of Malaysian Parliament

2.1 Yang di-Pertuan Agong

The main component in the parliament of Malaysia is Yang di-Pertuan Agong.

The Yang di-Pertuan Agong is the Head of State. His Highness does not have to
attend all seating of Parliament, except during the official opening of the new term of
Parliament, where His Highness functions to officiate the Parliamentary session.

As the Head of State, His Highness enjoys certain privileges. His Highness
cannot be prosecuted in any court of law. The Yang di-Pertuan Agong is a Ruler
elected according to turn by the Council of Rulers and this enshrined in the Federal
Constitution. The title Yang di-Pertuan Agong is the official title for the Head of State
of Malaysia. The full honorific title is Seri Paduka Baginda Yang di-Pertuan Agong.

The post of Yang di-Pertuan Agong was creatd as a result of the suggestion
by the Reid Commission, which drafted the Federal Constitution Suggestions for the
position of Yang Dipertuan Agong arose as a result of the of opposition to the
forming of the Malaysian Union, which was seen as an attempt to remove the
institution of Malay Rulers. The five-year rotation for the post of Yang Dipertuan
Agong is considered unique. This is because it combines feudal traditions base on
lineage with the modern concept based on the constitution. Malaysia is the only
country in the world that practices the system of rotation for its Head of State.

The system of rotation is a privilege given to Malay rulers from the states
formerly known as the Federated States and Unfederated States of Malaya. The
Federated States comprised Perak, Negeri Sembilan, Selangor and Pahang. The
Unfederated States were Perlis, Kedah, Kelantan, Terengganu and Johor. Heads of
the States not belonging to either group cannot be elected to become the Yang
Dipertuan Agong as the States do not have Rulers.

Next, this is view of selection of the criteria of the Yang di-Pertuan Agong.
Each Malay Ruler is entitled to be elected as the Yang Dipertuan Agong unless the
Ruler does not meet the age requirement, rejects being elected Yang di-Pertuan
Agong, and intends to be exempted due to medical reasons.

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 In the context of the rotation system, the Ruler highest on the list would be
offered the post of Yang di-Pertuan Agong. His Highness would hold the position for
five years. However, there is an exception, whereby His Highness can step down or
be stripped of the position before the term expires.

The following are the methods in electing the Yang di-Pertuan Agong

 Only Rulers may be elected. However, selection is done based on seniority;

 Only Rulers may vote, Non-Royal members of the council of Rulers, i.e. the
Governors, do not attend the meeting to elect the Yang di-Pertuan Agong,
 Selection is based on rotation. The Ruler of a state cannot be elected twice in
the same rotation; and
 A Sultan or Ruler may appoint another party from His Highness’ state as a
proxy to represent His Highness.

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2.2 Dewan Negara (Senate)

Dewan Negara is the second component. Membership of the Dewan Negara is

provided in the Federal Constitution under Section 4, Topic4, Article 45. This
provision states that the Dewan Negara has 70 members known as Senators of this
number, 44 are appointed by the Yang di-Pertuan Agong including four who are
appointed to represent the federal territories and 26 elected by the State Legislative
Assemblies of the 13 states (2 representatives per state).

The Dewan Negara usually reviews legislation that has been passed by the lower
house, the Dewan Rakyat. All bills must usually be passed by both the Dewan
Rakyat and the Dewan Negara (the Senate), before they are sent to the King for
royal assent. However, if the Dewan Negara rejects a bill, it can only delay the bill's
passage by a maximum of a year before it is sent to the King, a restriction similar to
that placed on the House of Lords in the United Kingdom. Like the Dewan Rakyat,
the Dewan Negara meets at the Malaysian Houses of Parliament in Kuala Lumpur.

Originally, the Dewan Negara was meant to act as a check on the Dewan Rakyat
and represent the interests of the various states, based on the role played by its
counterpart in the United States. However, the original constitution, which provided
for a majority of state-elected senators, has since been modified to make the vast
majority of senators instead appointed by the King, thus theoretically providing an
avenue for sombre, relatively non-partisan reconsideration of bills, more similar to
the role of the British House of Lords.

Members of the Dewan Negara are referred to as "Senators" in English or "Ahli

Dewan Negara" (literally "member of the Dewan Negara") in Malay. The term of
office is 3 years and senators may only be re-appointed once, consecutively or non-
consecutively.

Each of the 13 state legislative assemblies chooses two senators. The King
appoints two senators for the Federal Territory of Kuala Lumpur, and one
respectively for the Federal Territories of Labuan and Putrajaya on the advice of the
Prime Minister.

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 Another 40 senators, regardless of their states, are appointed by the King, also
on the Prime Minister's advice. Federally appointed senators must have "rendered
distinguished public service or have achieved distinction in the professions,
commerce, industry, agriculture, cultural activities or social service or are
representative of racial minorities or are capable of representing the interests of
aborigines (Orang Asli)".

The intent of the original Constitution of Malaysia, which provided for only 16
Senators to be appointed by the King (thus placing them in the minority) was to give
the states some say over federal policy. However, subsequent amendments have,
according to former Lord President of the Federal Court Tun Mohamed Suffian
Mohamed Hashim, acted "contrary to the spirit of the original constitution which
established the Dewan Negara specially as a body to protect in the federal
Parliament, state interests against federal encroachments".

To qualify, a candidate must be a Malaysian citizen at least 30 years of age,

residing in the Federation, must not owe allegiance to any foreign state, must not
have received a prison sentence of one year or longer, and must not have been
fined RM2,000 or more. Holders of a full-time profit-making position in the public
service are also ineligible. There is no requirement to belong to a political party.
Parliament is permitted to increase the number of Senators to three per state, reduce
the number of appointed Senators, or abolish the post of appointed Senator
altogether. The process of appointment is set out by Article 45 of the Constitution.
The Constitution provides for direct election of the 26 Senators from the states, but
this clause does not take effect until Parliament passes a resolution bringing it into
effect; as of 2010, the Senators remain indirectly elected.

Senators can be appointed to ministerial posts in the Cabinet by the Yang di-
Pertuan Agong on the advice of the Prime Minister. However, the Dewan Negara
never supplies the Prime Minister, as the Prime Minister must be a member of the
Dewan Rakyat.

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 The Dewan Negara is not affected by the elections for the Dewan Rakyat, and
senators continue to hold office despite the Dewan Rakyat's dissolution for an
election.

The Dewan Negara elects a President to preside over sittings of the Dewan
Negara, ensure observance of the rules of the house, and interpret the Standing
Orders of the house should they be disputed. Should the President be absent, his
Deputy takes his place.

The term of a Senator lasts 3 years and a senator cannot hold the post for more than
two terms. To qualify as a senator, a candidate has to fulfill the following
requirement:

a) Citizen of Malaysia

b) Aged 30 and above

c) Of sound mind

d) No criminal record

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2.3 Dewan Rakyat (House of Representative)

The Dewan Rakyat (Malay for House of Representatives, literally People's Hall)
is the lower house of the Parliament of Malaysia, consisting of members elected
during elections from federal constituencies drawn by the Election Commission.

The Dewan Rakyat usually proposes legislation through a draft known as a

'bill'. All bills must usually be passed by both the Dewan Rakyat (House of
Representatives) and the Dewan Negara, before they are sent to the King for royal
assent. However, if the Dewan Negara rejects a bill, it can only delay the bill's
passage by a maximum of a year before it is sent to the King. Like the Dewan
Negara, the Dewan Rakyat meets at the Malaysian Houses of Parliament in Kuala
Lumpur.

Members of the Dewan Rakyat are referred to as "Members of Parliament

(MPs)" or "Ahli Dewan Rakyat" (literally "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 21 years of age and must
not 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 to 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.[3]

As of the 2018 general election, 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 plurality 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.[3]According to the Constitution, the Yang di-Pertuan Agong has the

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right at his own discretion to either grant or withhold consent to dissolve the
parliament.

The last component is Dewan Rakyat. Membership of the Dewan Rakyat is

provided in the Federal Constitution under Section 4, Topic 4 Article 46. This
provision states that the Dewan Rakyat has 222 members known as Members of
Parliament are from the states in Malaysia, 11 from the Federal Territory of Kuala
Lumpur, and one each from the Federal Territories of Labuan an Putrajaya
respectively. The age of a Member of Parliament must be 21 years and above.

Among the requirements to be a member of the Dewan Rakyat are:

a) Citizen of Malaysia

b) Not less than 21 years of age

c) Of sound mind

d) Not bankrupt

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3.0 Function of Legislature

3.1 Law-Making

The main function is law-making, also known as legislature legislates, which

means to make law or to amend or replace old laws. A bill can only become a law if it
is passed by a majority vote in the House of Representatives and Senate. The bill
must be agreed, in an identical form by both chambers. It is also known as an Act of
Parliament. Most bills are introduced into House of Represntatives and then sent to
the Senate. Bills also may commence in the Senate, except for money and taxation
bills. Most bills are introduced by the government ministers. However, other
members of parliament can introduce their own bills, known as private members’ or
private senators’ bills.

In parliamentary system, for example like in Malaysia, the executive has direct
hand in making the laws. If the cabinet accepts the proposal, it is introduced in the
parliament and it is the duty of the minister concerned to pilot the bill through all
stages of parliamentary procedure and see at it as it was passed and duly enacted. It
may take weeks or even months for a bill to pass through Parliament. However, an
urgent bill can be passed in a matter of days.

In the presidential system of government, the process of bill goes through before
becoming a law is essentially the same. The processes of law making generally
requires a long period of deliberation and consideration of the many interest and
implications of the bill. A bill must pass into various stage and readings before it can
be passed to law. In the United States Congress, almost 80 percent of bills
considered emanate from the executive. An about, from many agencies, only one
drafts out a proposal and ask a sympathetic member to introduce the bill in
congress.

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3.2 Representative

Representative means an individual authorized to act on behalf of another such

as agent, counsel, member of legislative body, proxy or trustee. By and large, the
governing body in every law based nation is thought to be the primary discussion of
general feeling. The law making body speaks to the general population in the
legislature. As per Pitkin, portrayal signifies “ making present of something missing
however not making it actually present. It must be made present by implication,
through a middle person it must be appeared well and good, while all the things
considered staying abstract missing. This is precisely what a governing body does in
an equitable framework. The individuals from the assembly are the delegates or the
general population. They speak to and ventilate the complaints of the general
population. The individuals often visit their electorate, home areas, to tune in to the
general population from his riding and convey those issues and inquiries to the floor
of the governing body.

An individual from members of parliament is delegate of the voters to a

parliament. In numerous nations with bicameral parliaments, this classification
incorporates particularly individuals from the lower house, as upper houses regularly
have an alternate title. Members of Congress is an equivalent term in other
jurisdictions.

The presidential system is that the head of state is usually elected through a
direct mandate. In terms of democracy, this makes the president’s authority more
legitimate as he is elected directly by the people as oppose to being appointed
indirectly. Presidential system is the stability it brings as presidents are usually
elected to fixed terms while a prime minister’s government can fall at anytime.

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3.3 Amending the Constitution

In a few nations, the governing body assumes the most essential job in making
and changing the constitution. The governing body is given this expert since it is
thought to be the genuine delegate establishment of the general population, and
furthermore the first constitution was drafted by the assembly. Along these lines it is
fitting that the governing body is approves to assume a crucial job during the time
spent established change. Governing body are normally associated with three sorts
of techniques for altering constitutions. One is by immediate vote of the officials
alone. In a few nations, it requires consistent endorsement and in some specific
particular legislative inquires, the larger part is fundamental. The second strategy
include a change proposition by the assembly, trailed by the approval by an
established tradition. The third strategy includes a proposition by the governing body
pursued by the approval of states. In Malaysia, Canada, England, India and USA
and in numerous different nations, the altering procedure must be start in the council.
The endorsement of change relies upon the help of a specific number of individals
from the law making body which contrasts from country to other countries.

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4.0 Legislative Process in Malaysia

There are several Legislative Processes in Malaysian Parliament. The Bill

introduced to parliament may be classified as Private Bill’s, Private Member Bills,
Hybrid Bills and Government Bills. 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, can be proposed by
either House of the Parliament (House of Representatives or Senate). The Bill is
then discussed by the Cabinet. If it is agreed to be submitted to Parliament, the Bill is
distributed to all Members of Parliament (MPs). It then goes through 4 stages before
the House of Representatives (Dewan Rakyat).

The first reading is where the minister or his deputy submits it to Parliament. At
this stage, only the title of Bill will be read. No debate or voting from MPs.

At the second reading, the Bill is discussed and debated by MPs. First voting will
be needed to passed the Bill with simple majority or 2/3 majority accordingly. Then
the Bill will be submitted to a Committee of House.

A Committee of House will consider the Bills in detail and may amend any part of
it. The committee than submits a report on the Bills to the house. If the report is
approved, the Bill goes on the third reading in the house.

At the third reading, debate take place and amendments maybe put to a note.
The minister or his deputy formally submits it to a vote for approval. A 2/3 majority is
usually required to pass the bill, but in certain cases, a simple majority suffices.
Should the bill pass, it is sent to the Senate (Dewan Negara), where the 4 stages are
carried out again.

At Senate, first reading will be carry out where at this stage, the title of the Bill
will be read and there is no voting and debate activity from MPs. Then it will goes to
next stage.

Second reading will be done by MPs where at this stage discussion, debate and
voting activities will be do again. If the Bill is passed, the Bill will be submitted to a
Committee of House.

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 A Committee of House again will discuss in specifics the particular of Bill and the
amendment will put to a note. The committee than submits a report on the Bill to the
house. Third reading will goes in the house if the report had been approved.

During third reading before the Dewan Negara, debate takes place and may
amend any part of it and may put to a note. The house then approved the Bill. The
Dewan Negara may choose not to pass the bill, but this only delay 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.

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 Yang di-Pertuan Agong within 30 days if they pass it
again. The Yang di-Pertuan Agong 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.

As a summary, legislative authority of the Federation shall be vested in a

Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis
(Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan
Rakyat (House of Representatives). A Bill can be proposed by either House of the
Parliament (Dewan Rakyat or Dewan Negara). When a Bill is passed, it will be sent
to another House of Parliament. After both House had passed the Bill, the Bill will be
presented to the Yang di-Pertuan Agong. If a Bill had been amended by one of the
House of Parliament, the changes must be agreed by the House of Parliament who
proposed the Bill before the Bill is presented to the Yang di-Pertuan Agong.

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5.0 Conclusion

In conclusion, the legislative body of Malaysia consists of very descriptive details

in terms of its composition, jurisdiction, responsibilities and authority. That being
said, the YDPA holds the highest position in Malaysia being the head of state. The
head of state is also the head of all 3 branches of government but namely in the
legislative aspect he is the head of parliament. The parliament consists of the upper
house being the house of senate (Dewan Negara and lower house, house of
representatives (Dewan Rakyat). Both house performing their respective roles in the
legislation of laws through various check and balances. These balances are done
through the reading of a bill before gazette, as any bills have to go through both
houses to be debated and amended if necessary. The appointment of the senators
and the elected members of parliament perform their duties in regards to keep the
separation of power as a part of the legislative integrity. With all this being said, the
collective roles of the composition makes up a holistic legislation.

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6.0 References

References
Britannica, T. E. (2018, May 1). Legislature. Retrieved from Britannica:
https://www.britannica.com/topic/legislature

Jain, M. (2011). admministrative law of malaysia and singapore fourth edition.

Malaysia: LexisNexis Malaysia Sdn Bhd.

Moten, A., & Islam, S. (2015). Introduction to Political Science 5th edition. Malaysia:
Cengage Learning Asia Pte Ltd.

Hamzah. W. A., (2009). A First Look At The Malaysian Legal System. Legislation.

Oxford Fajar Sdn Bhd

Law Teacher, The Law Essay ,2003-2014, Delegated Legislation. Retrieved from :

https://www.lawteacher.net/legislative-procedure-of-acts-of-parliament.php

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