Azalina: Article 10 bill dangerous, can lead to constitutional crisis

 

Pengerang MP Azalina Othman Said has joined the ranks of those questioning the government’s plans to table a bill to amend Article 10 of the Federal Constitution.

Azalina (above) warned that the bill - which allegedly intends to pave the way for an anti-hopping law - could lead to a constitutional crisis.

“Amending Article 10 without strictly defined anti-hopping laws would be too wide and dangerous. 

“Also, such laws could later be challenged on constitutional grounds. 

“Why not also amend Article 48(6) on Monday to avoid a potential constitutional crisis in the future?” she tweeted yesterday.

Article 48 governs rules that disqualify a sitting lawmaker. 

Clause 6 of the Article dictates that an MP who resigns as a lawmaker is disqualified from contesting in polls for five years.

Article 10 of the Constitution enshrines freedom of speech, assembly, and association.

According to a copy of the bill shared by Subang MP Wong Chen, the bill would insert a clause in Article 10 that allows party membership of MPs and assemblypersons to be restricted by federal law.

The wording of the clause reads: “(3A) Notwithstanding paragraph (c) of Clause (2) and Clause (3), restrictions on the right to form associations conferred by paragraph (c) of Clause (1) relating to membership in a political party of members of the House of Representatives and members of the State Legislative Assembly may also be imposed by federal law.”

Critics warned that the bill would open the door for potential abuse in disqualifying MPs as it does not strictly target party hopping.

The government plans to table the bill after a proposed anti-hopping law was torpedoed during a cabinet meeting on Wednesday.

The original draft of the anti-hopping bill would have automatically disqualified any MPs who switched parties or were sacked from their party.

It also prohibits MPs who won on an independent ticket from joining other parties.

Azalina has been a proponent of recall elections, a route the government chose not to adopt.  - Mkini