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Thread: SPR Delimitation: Federal Constitution Article 113 - Conduct of Elections

   
   
       
  1. #1
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    SPR Delimitation: Federal Constitution Article 113 - Conduct of Elections

    Part VIII


    ELECTIONS

    Conduct of elections


    113. (1) There shall be an Election Commission, to be constituted in accordance with Article 114, which, subject to the provisions of federal law, shall conduct elections to the House of Representatives and the Legislative Assemblies of the States and prepare and revise electoral rolls for such elections.


    (2)

    (i) Subject to paragraph (ii), the Election Commission shall, from time to time, as they deem necessary, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives.

    (ii) There shall be an interval of not less than eight years between the date of completion of one review, and the date of commencement of the next review, under this Clause.

    (iii) A review under paragraph (i) shall be completed within a period of not more than two years from the date of its commencement.

    (3) If the Election Commission are of opinion that in consequence of a law made under Article 2 it is necessary to undertake the reviews mentioned in Clause (2), they shall do so, whether or not eight years have elapsed since the last review under that Clause.

    (3A) (i) Where the number of elected members of the House of Representatives is altered in consequence of any amendment to Article 46, or the number of elected members of the Legislative Assembly of a State is altered in consequence of a law enacted by the Legislature of a State, the Election Commission shall, subject to Clause (3B), undertake a review of the division into federal or State constituencies, as the case may be, of the area which is affected by the alteration, and such review shall be completed within a period of not more than two years from the date of the coming into force of the law making the alteration.

    Admin: Where the number of Parliamentary constituencies or the State constituencies are changed, the boundaries of the constituencies can be changed, even if the 8-year interval is not complied with, and this exercise has to be completed within 2 years. This change does not affect the starting date of the 8-year interval. See (ii) below.

    (ii) A review under paragraph (i) shall not affect the interval provided under paragraph (ii) of Clause (2) in respect of a review under paragraph (i) of that Clause.

    (iii) The provisions of the Thirteenth Schedule shall apply to a review under this Clause, but subject to such modifications as may be considered necessary by the Election Commission.

    (3B) Where an amendment to Article 46 or a law enacted by the Legislative Assembly of a State referred to in paragraph (i) of Clause (3A) comes into force after the lapse of eight years from the date of completion of the last review under Clause (2) and the Election Commission are of the opinion that it is necessary to undertake a review under Clause (2), the Election Commission shall not undertake a review under paragraph (i) of Clause (3a) but shall instead undertake a review under Clause (2) and in conducting such review shall take into account any area which is affected in consequence of the amendment or the law referred to in paragraph (i) of Clause (3A).

    (4) Federal or State law may authorize the Election Commission to conduct elections other than those referred to in Clause (1).


    (5) So far as may be necessary for the purposes of its functions under this Article the Election Commission may make rules, but any such rules shall have effect subject to the provisions of federal law.


    (6) There shall be separate reviews under Clause (2) for the States of Malaya and for each of the States of Sabah and Sarawak, and for the purposes of this Part the expression “unit of review” shall mean, for federal constituencies, the area under review and, for State constituencies, the State, and the expression “States of Malaya” shall include the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.


    (7) Subject to Clause (3), the period for the first reviews under Clause (2) for any unit of review shall be calculated from the first delimitation of constituencies for that unit under this Constitution or under the Malaysia Act [Act 26 of 1963].


    ( N Notwithstanding Clause (7) of this Article the period for reviews under Clause (2) for the unit of review of the States of Malaya undertaken after the passing of the Constitution (Amendment) (No. 2) Act 1973 shall be calculated from the first delimitation of constituencies for that unit immediately following the passing of that Act.


    (9) The date of the commencement of a review under Clause (2) or Clause (3a), as the case may be, shall be the date of the publication in the Gazette of the notice referred to in section 4 of the Thirteenth Schedule.


    (10) The date of the completion of a review under Clause (2) or Clause (3a), as the case may be, shall be the date of the submission of the report to the Prime Minister under section 8 of the Thirteenth Schedule, and a notice of such date shall be published by the Election Commission in the Gazette.

    py

  2. #2
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    Notes on Article 113.

    Art. 113
    Clause (1)
    a. The words “and delimit constituencies” which appeared after “Legislative Assemblies of the States” were deleted by Act 14/1962, paragraph 20(a), in force from 21-06-1962.

    b. See—
    i. Art. 115(2);
    ii. E Elections Act 1958 [Act 19].

    Clause (2)
    a. This Clause as originally in force commenced as follows:

    “After the first delimitation of constituencies in accordance with Articles 116 and 117 the Election Commission shall, at intervals of not more than ten nor, subject to Clause (3), less than eight years, review the division of the Federation and the states into constituencies and make such changes therein as they may think necessary in order to comply with the provisions of those Articles; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives.”.

    b. Act 14/1962, paragraph 20(b), in force from 21-06-1962, substituted the words “Article 171” for “Articles 116 and 117” and paragraph 20(c) substituted the words “and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule” for “and make such changes therein as they may think necessary in order to comply with the provisions of those Articles”.

    c. Act 26/1963, subsection 10(2), in force from 16-09-1963, deleted the words “After the first delimitation of constituencies in accordance with Article 171” which then appeared at the commencement.

    d. The present Clause was substituted by Act A585, paragraph 25(a), in force from 14-04-1984 and replaced the earlier Clause which read as follows:

    “(2) The Election Commission shall, at intervals of not more than ten nor, subject to Clause (3), less than eight years, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives.”.

    e. See Thirteenth Schedule, section 4.
    Clause (3)


    The words “or 46” which appeared after “Article 2” were deleted by Act 14/1962, section 32, in force from 21-06-1962.
    Clause (3a)

    a. Added by Act A585, paragraph 25(b), in force from 14-04-1984.

    b. The words “, subject to Clause (3b),” were inserted in paragraph Clause (3a)(i), by Act A849, paragraph 2(a), in force from 20-11-1992.

    Clause (3b): Added by Act A849, paragraph 2(b), in force from 20-11-1992.


    Clause (4)


    a. The present Clause was inserted by Act 14/1962, section 32, in force from 21-06-1962 and replaced the original Clause which read as follows:

    “(4) The Election Commission shall also conduct elections to the municipal council of the federal capital, and State law may authorize the Commission to conduct any other election.”.

    b. See Local Government Elections Act 1960 [Act 473].


    Clause (5)


    See Constitution (Election Commission) Rules 1960—L.N. 110/1960.


    Clause (6)
    a. Added by Act 26/1963, subsection 10(2), in force from 16-09-1963.

    b. The word “and” which appears after the words “States of Malaya” was inserted and the words “and for the State of Singapore” which appeared after the words “Borneo States” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

    c. The words “the States of Sabah and Sarawak” substituted for “the Borneo States” by Act A354, section 43, in force from 27-08-1976.

    d. The words “, and the expression “States of Malaya” shall include the Federal Territory of Kuala Lumpur and Federal Territory of Labuan” were inserted by Act A585, subsection 15(1), in force from 16-04-1984.

    e. Subsequently the words “Federal Territories of Kuala Lumpur, Labuan and Putrajaya” substituted for the words “Federal Territory of Kuala Lumpur and the Federal Territory of Labuan” by Act A1095, subsection 19(1), in force from 01-02-2001.
    Notes:
    1. Upon the commencement of Act A1095, the area which constitutes the Federal Territory of Putrajaya shall cease to form part of a State constituency, but until the dissolution of the Legislative Assembly of the State of Selangor next following the commencement of this Act, the member of that Assembly elected from such constituency shall, notwithstanding the exclusion of that area from such constituency, continue to be a member of that Assembly.

    2. Until the dissolution of Parliament next following the commencement of Act A1095, the federal constituency which includes the area which constitutes the Federal Territory of Putrajaya shall continue to exist and the member elected from such constituency shall continue to be a member of Parliament.
    Clause (7): Added by Act 26/1963, subsection 10(2), in force from 16-09-1963.


    Clause (: Inserted by Act A206, section 13, in force from 23-08-1973.


    Clauses (9) & (10): Inserted by Act A585, paragraph 25(c), in force from 14-04-1984.


    Notes:
    1. Upon the commencement of Act A585 in force from 16-04-1984 the area which constitutes the Federal Territory of Labuan shall cease to form part of a State constituency.

    2. Until the dissolution of the Legislative Assembly of the State of Sabah, next following the commencement of Act A585 the member of the said assembly elected from such constituency shall, notwithstanding the exclusion of the said area from the said constituency, continue to be a member of the said Assembly.

    For the dissolution of the Legislative Assembly of the State of Sabah—See Sabah G.N. No. 141/1985.

    3. Until the dissolution of Parliament next following the commencement of that Act, the federal constituency which includes the area which constitutes the Federal Territory of Labuan shall continue to exist and the member elected from the said constituency shall continue to be a member of Parliament.
    py

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