Dewan Negara's 'aye' not needed for redelineation proposal

In Parliament’s law-making, a new law proposed has to be approved by both the Lower House and the Upper House - the Dewan Rakyat and the Dewan Negara - before it can be implemented as law.

This is in addition to receiving royal assent for the new law and having it gazetted in the Federal Gazette, which comes after parliamentary approval.

However, the much anticipated electoral boundary redelineation exercise will highlight an exception to this rule.

According to Section 10 of Schedule Thirteen of the Federal Constitution, a draft order approving a redelineation proposal will only need to be passed by a simple majority in the Dewan Rakyat before being submitted to the Yang di-Pertuan Agong.

Once submitted, Section 12 states that the Agong shall make an order as set forth in the draft approved by Parliament, and it shall come into effect in the next election.

“So, it is clear here (in the constitution) that you don’t need to go through the Dewan Negara. All you need to approve the delimitation proposal is by way of a simple majority in the Dewan Rakyat.

“Thereafter, the draft order is to be submitted to the Yang di-Pertuan Agong,” lawyer Shahredzan Johan (photo) told Malaysiakini when contacted today.

“That is why political pundits think that Parliament may be dissolved at the end of March. The proposals for delimitation need not be approved by the Dewan Negara, which will only sit in April,” he added.

Deputy Prime Minister Ahmad Zahid Hamidi also announced on Tuesday that the motion on the redelineation of election boundaries would be tabled in the Dewan Rakyat and once passed and given the assent of the Yang di-Pertuan Agong for gazetting, it becomes a motion, and need not be taken to the Dewan Negara.

The Star reported today that the redelineation proposal is expected to be tabled in the Dewan Rakyat next week, possibly as soon as Monday.

The report said the proposal would need only 111 votes to be passed and it also stated that the proposal would not need the approval of the Dewan Negara.

“The redelineation of parliamentary and state constituencies will be enforced immediately once it receives royal assent and the Yang di-Pertuan Agong’s signature,” the report said. -Mkini