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Thread: SPR Delimitation: Federal Constitution Article 46 - Composition of the House of Representatives

   
   
       
  1. #1
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    SPR Delimitation: Federal Constitution Article 46 - Composition of the House of Representatives

    Federal Constitution:

    Composition of House of Representatives


    46. (1) T The House of Representatives shall consist of two hundred and twenty-two elected members.


    (2) There shall be—

    (a) two hundred and nine members from the States in Malaysia as follows:
    (i) twenty-six members from Johore;
    (ii) fifteen members from Kedah;
    (iii) fourteen members from Kelantan;
    (iv) six members from Malacca;
    (v) eight members from Negeri Sembilan;
    (vi) fourteen members from Pahang;
    (vii) thirteen members from Penang;
    (viii) twenty-four members from Perak;
    (ix) three members from Perlis;
    (x) twenty-five members from Sabah;
    (xi) thirty-one members from Sarawak;
    (xii) twenty-two members from Selangor; and
    (xiii) eight members from Terengganu; and

    (b) thirteen members from the Federal Territories of Kuala Lumpur, Labuan and Putrajaya as follows:


    (i) eleven members from the Federal Territory of Kuala Lumpur;

    (ii) one member from the Federal Territory of Labuan;
    (iii) one member from the Federal Territory of Putrajaya.


    Qualifications for membership of Parliament

    47. Every citizen resident in the Federation is qualified to be a member—

    (a) of the Senate, if he is not less than thirty years old;
    (b) of the House of Representatives, if he is not less than twenty-one years old,
    unless he is disqualified for being a member by this Constitution or by any law made in pursuance of Article 48.



    Disqualification for membership of Parliament


    48. (1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if—

    (a) he is and has been found or declared to be of unsound mind; or
    (b) he is an undischarged bankrupt; or
    (c) he holds an office of profit; or
    (d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or
    (e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
    (f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
    (2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either House of Parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.


    (3) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the Yang di-Pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person; and a person shall not be disqualified under paragraph (f) of Clause (1) by reason only of anything done by him before he became a citizen.


    (4) N Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2)—

    (a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was—

    (i) convicted and sentenced as specified in the aforesaid paragraph (e); or
    (ii) convicted of an offence or proved guilty of an act under a federal law made in pursuance of Clause (2); or
    (b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or
    (c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.
    (5) Clause (4) shall not apply for the purpose of nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.


    (6) A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.
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  2. #2
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    Notes on amendments to Article 46:

    Art. 46
    1. This Article as it stood on Merdeka Day read as follows:

    “46. (1) The House of Representatives shall consist of one hundred elected members except that the first House of Representatives shall consist of one hundred and four.

    (2) After the completion of the first census to be taken after Merdeka Day Parliament may by law alter the number of members of the House of Representatives.”.

    2. This Article was amended by Act 14/1962, section 14, in force from 21-06-1962, by substituting “one hundred and four elected members” for “one hundred elected members except that the first House of Representatives shall consist of one hundred and four” in Clause (1), and repealed Clause (2).


    3. This Article was substituted by Act 26/1963, section 9, in force from 16-09-1963, which read as follows:


    “46. (1) The House of Representatives shall consist of one hundred and fifty-nine elected members.
    (2) There shall be—

    (a) one hundred and four members from the States of Malaya;

    (b) sixteen members from Sabah;

    (c) twenty-four members from Sarawak;

    (d) fifteen members from Singapore.”.

    4. This Article was amended by Act 59/1966, section 2, in force from 09-08-1965, by substituting “forty-four” for “fifty-nine” in Clause (1) and deleted paragraph (d) of Clause (2).


    5. This Article was again amended by Act A206, section 12, in force from 23-08-1973, by the substitution of the whole Article which read as follows:


    “46. (1) The House of Representatives shall consist of one hundred and fifty-four elected members.


    (2) There shall be—

    (a) one hundred and forty-nine members from the States in Malaysia as follows:

    (i) sixteen members from Johore;

    (ii) thirteen members from Kedah;

    (iii) twelve members from Kelantan;

    (iv) four members from Malacca;

    (v) six members from Negeri Sembilan;

    (vi) eight members from Pahang;

    (vii) nine members from Penang;

    (viii) twenty-one members from Perak;

    (xi) two members from Perlis;

    (x) sixteen members from Sabah;

    (xi) twenty-four members from Sarawak;

    (xii) eleven members from Selangor;

    (xiii) seven members from Terengganu; and

    (b) five members from the Federal Territory.”.

    6. The present Article was substituted by Act A566, section 5, in force from 16-12-1983. However, the substitution shall not affect the composition of the House of Representatives or any elections to that House until the dissolution of Parliament occurring on or after 31-12-1984—See P.U. (A) 475 and 476/1984.


    Clause (1)


    Amended by Act A585, paragraph 14(a), in force from 16-04-1984, by substituting the words “seventy-seven” for “seventy-six”.


    Clause (2)


    Amended by Act A585, paragraph 14(b), in force from 16-04-1984, by substituting for paragraph (b) the following new paragraph (b):

    “(b) eight members from the Federal Territories of Kuala Lumpur and Labuan as follows—

    (i) seven members from the Federal Territory of Kuala Lumpur;

    (ii) one member from the Federal Territory of Labuan.”.

    Clause (1)


    Amended by Act A631, section 2, in force from 24-02-1986, by substituting the word “eighty” for “seventy-seven”.


    Clause (2)


    Amended by Act A631, section 2, in force from 24-02-1986, by substituting the word “seventy-two” for “sixty-nine” in paragraph (a) and the word “twenty-seven” for “twenty-four” in subparagraph (xi) of paragraph (a).


    Note:


    This Article, as amended, shall not affect the composition of the House of Representatives or any election to that House until the dissolution of Parliament—See Art. 57(1a).


    Clause (1)


    Amended by Act A837, section 2, in force from 20-11-1992, by substituting the word “ninety-two” for “eighty”.


    Clause (2
    Amended by Act A837, section 2, in force from 20-11-1992—

    (i) by substituting the word “eighty-one” for “seventy-two” in paragraph (a);

    (ii) by substituting the word “twenty” for “eighteen” in subparagraph (a)(i);

    (iii) by substituting the word “fifteen” for “fourteen” in subparagraph (a)(ii);

    (iv) by substituting the word “fourteen” for “thirteen” in subparagraph (a)(iii);

    (v) by substituting the word “eleven” for “ten” in subparagraph (a)(vi);

    (vi) by substituting the word “three” for “two” in subparagraph (a)(ix);

    (vii) by substituting the word “seventeen” for “fourteen” in subparagraph (a)(xii);

    (viii) by substituting the word “eleven” for “eight” in paragraph (b); and

    (ix) by substituting the word “ten” for “seven” in subparagraph (b)(i).

    Note:

    The above amendments shall not affect the composition of the House of Representatives or any election to that House until dissolution of Parliament occurring on or after the date of the coming into force of the Order made under section 12 of the Thirteenth Schedule—See section 4 of Act A837.

    Clause (1)

    This clause was again amended by Act A945, paragraph 2(a), in force from 07-06-1996, to increase the composition of the House of Representatives from one hundred and ninety-two to one hundred and ninety-three, i.e. specifically increasing the composition of the members from the State of Sarawak from twenty-seven to twenty-eight.

    Clause (2)

    Amended by Act A945, paragraph 2(b), in force from 07-06-1996—

    (i) by substituting the word “eighty-two” for “eighty-one” in paragraph (a); and

    (ii) by substituting the word “twenty-eight” for “twenty-seven” in subparagraph (a)(xi).

    Note:

    However this amendment shall not affect the composition of the House of Representatives or any election to that House until the dissolution of Parliament occurring on or after the date of the coming into force of the Order made under section 12 of the Thirteenth Schedule to the Federal Constitution following the review undertaken pursuant to Clause (2) of Article 113 of the Federal Constitution and the said Thirteenth Schedule.

    Clause (1)

    Amended by Act A1095, paragraph 16(a), in force from 01-02-2001, by substituting the word “ninety-four” for “ninety-three”.

    Clause (2)
    Amended by Act A1095, paragraph 16(b), in force from 01-02-2001, to enable one member of the House of Representatives to be elected to represent the Federal Territory of Putrajaya.

    Clause (1)
    Amended by Act A1198, paragraph 2(a), in force from 15-08-2003, by substituting the words “two hundred and nineteen” for “one hundred and ninety-four”.

    Clause (2)
    Amended by Act A1198, paragraph 2(b), in force 15-08-2003, by increasing the number of members of the House of Representatives consequent upon the delimitation of the constituencies undertaken by the Election Commission from 8 August 2002 until 7 September 2002.

    The increase is as follows:

    (a) six members from Johore;

    (b) one member from Malacca;

    (c) one member from Negeri Sembilan;

    (d) three members from Pahang;

    (e) two members from Penang;

    (f) one member from Perak;

    (g) five members from Sabah;

    (h) five members from Selangor; and


    (i) one member from the Federal Territory of Kuala Lumpur.


    Clause (1)


    Amended by Act A1260, paragraph 2(a), in force from 19-01-2006, by substituting the words “two hundred and twenty-two” for “two hundred and nineteen”.


    Clause (2)


    Amended by Act A1260, paragraph 2(b), in force from 19-01-2006, to increase the composition of the House of Representatives from two hundred and six to two hundred and nine, i.e. specifically increasing the composition of the members from the State of Sarawak from twenty-eight to thirty-one.
    py

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