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Thread: Delimitation Thirteenth Schedule

   
   
       
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    Delimitation Thirteenth Schedule

    Admin: The Federal Constitution Thirteenth Schedule governs the principles and procedures of Delimitation. It is extremely important to have a clear understanding of the requirements and requires a very careful study and interpretation of the intention of Parliament at the time it was first passed (21-06-1962). In the original document of the FC, it starts from page 205

    THIRTEENTH SCHEDULE


    (Articles 113, 116, 117)


    PROVISIONS RELATING TO DELIMITATION OF
    CONSTITUENCIES


    PART 1


    DECLARATION OF AND PRINCIPLES RELATING TO
    THE DELIMITATION OF CONSTITUENCIES


    1. The constituencies for the election of members to the House of Representatives and the Legislative Assemblies of the States shall, until altered in accordance with the provisions of this Schedule, be those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act.

    2. The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of Articles 116 and 117—

    (a) while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross State boundaries and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies;

    (b) regard ought to be had to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines;

    (c) the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies;

    (d) regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties.

    3. For the purposes of this Part, the number of electors shall be taken to be as shown on the current electoral rolls.

    3A. For the purposes of this Part, in any review of constituencies for the purposes of election to the House of Representatives, the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya shall each be regarded as a State.

    PART II

    PROCEDURE FOR DELIMITATION OF CONSTITUENCIES

    4. Where the Election Commission have provisionaly determined to make recommendations under Clause (2) of Article 113 affecting any constituency, they shall inform the Speaker of the House of Representatives and the Prime Minister accordingly, and shall publish in the Gazette and in at least one newspaper circulating in the constituency a notice stating—

    (a) the effect of their proposed recommendations, and (except in a case where they propose to recommend that no alteration be made in respect of the constituency) that a copy of their recommendations is open to inspection at a specified place within the constituency; and

    (b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of such notice,

    and the Commission shall take into consideration any representations duly made in accordance with any such notice.


    5. Where, on the publication of the notice under section 4 of a proposed recommendation of the Election Commission for the alteration of any constituencies, the Commission receive any representation objecting to the proposed recommendations from—

    (a) the State Government or any local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation; or

    (b) a body of one hundred or more persons whose names are shown on the current electoral rolls of the constituencies in question,

    the Commission shall cause a local enquiry to be held in respect of those constituencies.

    6. In relation to any enquiry held under section 5 the Election Commission shall have all the powers conferred on Commissioners by the Commissions of Enquiry Act 1950 [Act 119].

    7. Where the Election Commission revise any proposed recommendations after publishing a notice thereof under section 4, the Commission shall comply again with that section in relation to the revised recommendations, as if no earlier notice had been published:

    Provided that it shall not be necessary to hold more than two local enquiries in respect of any such recommendations.

    8. The Election Commission shall, having completed the procedure prescribed by this Part, submit to the Prime Minister a report on constituencies showing—

    (a) the constituencies into which they recommend that each unit of review should be divided in order to give effect to the principles set out in section 2; and

    (b) the names by which they recommend that those constituencies shall be known,

    or stating that in their opinion no alteration is required to be made in order to give effect to the said principles.

    9. As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report before the House of Representatives, together (except in a case where the report states that no alteration is required to be made) with the draft of an Order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report.

    10. If any draft Order referred to in section 9 is approved by the House of Representatives by resolution supported by the votes of not less than one-half of the total number of members of that House, the Prime Minister shall submit the draft Order to the Yang di-Pertuan Agong.


    11. If a motion for the approval of any draft Order referred to in section 9 is rejected by the House of Representatives, or is withdrawn by leave of the House, or is not supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister may, after such consultation with the Election Commission as he may consider necessary, amend the draft and lay the amended draft before the House of Representatives; and if the draft as so amended is approved by the House by a resolution supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister shall submit the amended draft to the Yang di-Pertuan Agong.

    12. Where the draft of an Order is submitted to the Yang di-Pertuan Agong under this Part, the Yang di-Pertuan Agong shall make an Order in the terms of the draft submitted to him, and the Order shall come into force on such date as may be specified therein:

    Provided that the coming into force of any such Order shall not affect any election to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after the date.


    Laws of Malaysia
    NOTES

    Thirteenth Schedule:

    This Schedule was added by Act 14/1962, section 31, in force from 21-06-1962see P.U. 277/1968.

    Section 3A: The words “,the Federal Territory of Labuan and the Federal Territory of Putrajaya” were substituted for “or the Federal of Labuan, as the case may be,” by Act A1095, section 21, in force from 01-02-2001.

    Section 6: The word “Act” subtituted for “Ordinance” by Act 1, subsection 14(2).

    Section 8: See section 9.

    Paragraph (a): The words “each unit of review” which appear in lines one and two were substituted for “the Federation and each State” by Act 26/1963, section 70, in force from 16-09-1963. [Admin: The term unit of review is very important as it define the area for which the electoral quota/quotient (EQ) applies. Initially it was meant for Federation of Malaya (FOM), Sabah & Sarawak. That means one quota applies for the whole Peninsula. When article 46 was added in 1973, the unit of review was change to "State", meaning that the EQ was applied to each State only. This created the opportunity to provide for uneven Parliamentary seat allocation between States, with some getting more (Johor, Pahang, Perak, Perlis) and some getting less (Selangor).]

    Section 9: See sections 10, 11.

    Sections 10 and 11: See Art. 62(3).


    Section 12
    1. The words “to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after that date” were substituted for “until a proclamation is issued by the Yang di-Pertuan Agong under Article 55 summoning a new Parliament” by Act 26/1963, section 70, in force from 16-09-1963.

    2. See section 9.


    The Thirteenth Schedule is to be read in conjunction with Articles 113 Conduct of Elections, which in turn is cross-referenced to Article 2


    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.

    (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].

    (8.) 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.

    NOTES

    Art. 113(1):1. 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.



    Art. 113(1)—(cont.)
    2. See Art. 115(2).
    3. See Elections Act 1958 [Act 19].

    Art. 113(2):
    1. 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..”. 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”. 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.

    2. The present Clause was inserted 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.”.
    3. See 13th Sch. section 4.

    Art. 113(3):
    The words “or 46” which appeared after “Article 2” were deleted by Act 14/1962, Sch. section 6, in force from 21-06-1962.

    Art. 113(3A):
    1. Added by Act A585, paragraph 25(b), in force from 14-04-1984.
    2. The words “, subject to Clause (3B),” were inserted after the words “the Election Commission shall” in paragraph (i) of Clause (3A), by Act A849, section 2, in force from 20-11-1992.


    Art. 113(3B):
    Added by Act A849, section 2, in force from 20-11-1992.

    Art. 113(4):

    1. The present Clause was inserted by Act 14/1962, Sch. section 6, 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.”.
    2. See Local Government Elections Act 1960 [Act 473].

    Art. 113(5):
    See Constitution (Election Commission) Rules, 1960—L.N. 110/1960.

    Art. 113(6):

    1. Added by Act 26/1963, subsection 10(2), in force from 16-09-1963. The word “and” which appears after “States of Malaya was inserted and the words “and for the State of Singapore” which appeared after “Borneo States” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

    2. The words “States of Sabah and Sarawak” substituted for “Borneo States” by Act A514, section 19, in force from 27-08-1976.

    3. The words‘, and the expression “States of Malaya” shall include the Federal Territory of Kuala Lumpur and Federal Territory of Labuan’ were inserted after the words “the State” by Act A585, section 15, in force from 16-04-1984.

    4. Subsequently, the words “Federal Territories of Kuala Lumpur, Labuan and Putrajaya” were substituted for the words “Federal Territory of Kuala Lumpur and the Federal Territory of Labuan” by Act A1095, section 19, 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.

    Art. 113(7):
    Added by Act 26/1963, subsection 10(2), in force from 16-09-1963.

    Art. 113(8.):
    Added by Act A206, section 13, in force from 23-08-1973.

    Art. 113(9) & (10):
    Added by Act A585, paragraph 25(c), in force from 14-04-1984.

    Notes:
    1. Upon the commencement of Act A585 (i.e. 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.
    Assistance to Election Commission

    115. (1) The Election Commission may employ such number of persons, on such terms and subject to such conditions, as the Commission may with the approval of the Yang di-Pertuan Agong determine.

    (2) All public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be practicable; and in exercising its functions of making recommendations for the delimitation of constituencies for the elections mentioned in Clause (1) of Article 113 the Commission shall seek the advice of two officers of the Federal Government with special knowledge of the topography of, and the distribution of the population in, the unit of review for federal elections, and those officers shall be selected for that purpose by the Yang di-Pertuan Agong.


    Federal constituencies

    116. (1) For the election of members to the House of Representatives a unit of review shall be divided into constituencies in accordance with the provisions contained in the Thirteenth Schedule.

    (2) The total number of constituencies shall be equal to the number of members, so that one member shall be elected for each constituency, and of that total in the States of Malaya a number determined in accordance with the provisions contained in Article 46 and the Thirteenth Schedule shall be allocated to each State.

    (3) (Repealed).

    (4) (Repealed).

    (5) (Repealed).




    State constituencies

    117. For the election of members to the Legislative Assembly of a State the State shall be divided into as many constituencies as there are elected members, so that one member shall be elected for each constituency; and the division shall be made in accordance with the provisions contained in the Thirteenth Schedule.


    Art. 116:
    See 8th Sch. subsection 4(2); 13th Sch. section 2.

    Clause (1): The words “provisions contained in the Thirteenth Schedule” which appear at the end were substituted for “following provisions of this Article“ by Act 14/1962, paragraph 22(a), in force from 21-06-1962. The words “a unit of review” which appear after “House of Representatives” were substituted for “the Federation” by Act 26/1963, section 70, in force 16-09-1963.

    Clause (2): (a) The words “the provisions contained in the Thirteenth Schedule” were substituted for “Clause (3)” by Act 14/1962, paragraph 22(b), in force from 21-06-1962. The words “in the States of Malaya” were inserted by Act 26/1963, section 70, in force from 16-09-1963.

    (b) The words “Article 46 and the Thirteenth Schedule” substituted for “the Thirteenth Schedule” by Art A206, section 14, in force from 23-08-1973.

    Clauses (3), (4) and (5): These Clauses which read as follows were repealed by Act 14/1962, paragraph 22(c), in force from 21-06-1962:

    “(3) Constituencies shall be allocated to the several States in such manner that the electoral quota of each State is as nearly equal to the electoral quota of the Federation as it can be without causing undue disparity between the population quota of that State and the population quota of the Federation.

    (4) Each State shall be divided into constituencies in such manner that each constituency contains a number of electors as nearly equal to the electoral quota of the State as may be after making due allowance for the distribution of the different communities and for differences in density of population and the means of communication; but the allowance so made shall not increase or reduce the number of electors in any constituency to a number differing from the electoral quota by more than fifteen per cent.

    (5) In this Article—
    (a) electoral quota” means the number obtained by dividing the number of electors in the Federation or a State by the total number of constituencies or, as the case may be, the number of constituencies in that State;
    (b) population quota” means the number obtained by dividing the population of the Federation or of a State by the total number of constituencies or, as the case may be, the number of constituencies in that State;

    and for the purposes of this Article the number of electors shall be taken to be as shown on the current electoral rolls and the population as counted at the most recent census.”.

    Art. 117:

    1. The words “in accordance with the provisions contained in the Thirteenth Schedule” which appear at the end were substituted for “in the manner provided by Clause (4) of article 116” by Act 14/1962, Sch, section 8, in force from 21-06-1962.

    2. See 13th Sch, section 2.

    Article 2 is cross-referenced in Article 113 (3)

    Admissio
    n of new territories into the Federation

    2. Parliament may by law—

    (a) admit other States to the Federation;

    (b) alter the boundaries of any State,

    but a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.

    Art. 2:

    See Art. 22, 133(3), 159(4)(bb).
    Citizenship by incorporation of territory

    22. If any new territory is admitted to the Federation after Malaysia Day in pursuance of Article 2, Parliament may by law determine what persons are to be citizens by reason of their connection with that territory and the date or dates from which such persons are to be citizens.

    Art. 22:
    Amended by Act 26/1963, section 34, in force from 16-09-1963, by the insertion of the words
    “after Malaysia Day” after “admitted to the Federation”.
    Composition of House of Representatives

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


    51

    (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.

    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; [Admin: The Seats are distributed evenly across 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 repealed paragraph (d) of Clause (2). [Admin: The 15 seats for Singapore was removed from the total.]

    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:

    [Admin: This was the start of inter-State malapportioment in the Peninsula (Federation of Malaya). Johor as given the same no. of seats as Selangor + KL. Perak had 21!]

    “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 and amended by Act A585, paragraph 14(b), in force from 16-04-1984. However, the substitution and amendment 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 31-12-2984. (See P.U. (A) 475 and 476/1984.)

    7. Clause (1): Amended by Act A631, section 2, in force from 24-02-1986, by substituting the word “eight” 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).

    8. 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).

    9. Clause (1): Amended by Act A837, section 2, in force from 20-11-1992, by substituting for the word “eighty” the word “ninety-two”.

    Clause (2): Amended by Act A837, section 2, in force from 20-11-1992
    (i) by substituting for the word “seventy-two” in paragraph (a) the word “eight-one”;
    (ii) by substituting for the word “eighteen” in subparagraph (a)(i) the word “twenty”;
    (iii) by substituting for the word “fourteen” in subparagraph (a)(ii) the word “fifteen”;
    (iv) by substituting for the word “thirteen” in subparagraph (a)(iii) the word “fourteen”;
    (v) by substituting for the word “ten” in subparagraph (a)(vi) the word “eleven”;
    (vi) by substituting for the word “two” in subparagraph (a)(ix) the word “three”;
    (vii) by substituting for the word “fourteen” in subparagraph (a)
    (xii) the word “seventeen”;
    (viii) by substituting for the word “eight” in paragraph (b) the word “eleven”; and
    (ix) by substituting for the word “seven” in subparagraph (b)(i) the word “ten”.

    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.
    10. The present Article was again amended by Act A945, section 2, 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.

    Note:
    However this amendment shall not affect the composition of the House of Representatives or any election to that the 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.

    11. Clause (1): Amended by Act A1095, paragraph 16(a), in force from 01-02-2001, by substituting for the word “ninety-three” the word “ninety-four”.
    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.
    12. Clause (1): Amended by Act A1198, paragraph 2(a), in force from 15-08-2003, by substituting for the words “one hundred and ninety-four” the words “two hundred and nineteen”.

    ​[Admin: Not included here is the change from 219 to 222 seats]


    Amendmen
    t of the Constitution

    159. (1) Subject to the following provisions of this Article and to Article 161E the provisions of this Constitution may be amended by federal law.

    (2) (Repealed).



    (3) A Bill for making any amendment to the Constitution (other than an amendment excepted from the provisions of this Clause) and a Bill for making any amendment to a law passed under Clause (4) of Article 10 shall not be passed in either House of Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members of that House.

    (4) The following amendments are excepted from the provisions of Clause (3), that is to say:

    (a) any amendment to Part III of the Second or to the Sixth or Seventh Schedule;

    (b) any amendment incidental to or consequential on the exercise of any power to make law conferred on Parliament by any provision of this Constitution other than Articles
    74 and 76;

    (bb) subject to Article 161E any amendment made for or in connection with the admission of any State to the Federation or its association with the States thereof, or any modification made as to the application of this Constitution to a State previously so admitted or associated;

    (c) any amendment consequential on an amendment made under paragraph (a).

    (5) A law making an amendment to Clause (4) of Article 10, any law passed thereunder, the provisions of Part III, Article 38,
    63(4), 70, 71(1), 72(4), 152, or 153 or to this Clause shall not be passed without the consent of the Conference of Rulers.

    (6) In this Article “amendment” includes addition and repeal; and in this Article and in Article 2(a) “State” includes any territory.

    Art. 159:
    See Art. 159A.
    Clause (1): The words “and to Articles 161E and 161H” were inserted after “this Article” by Act 26/1963, section 70, in force from 16-09-1963. Act 59/1966, section 2, in force from 09-08-1965, replaced them by the words “and to Article 161E”.

    Clause (2): This Clause which read as follows was repealed by Act 25/1963, section 8, in force from 29-08-1963:
    “(2) No amendments to this Constitution shall be made before Parliament is constituted in accordance with Part IV, except such as the Legislative Council may deem necessary to remove any difficulties in the transition from the constitutional arrangements in operation immediately before Merdeka Day to those provided for by this Constitution; but any law made in pursuance of this Clause shall, unless sooner repealed, cease to have effect at the expiration of a period of twelve months beginning with the day on which Parliament first meets.”.

    Clause (3): See Art. 62(3), 68(5), 161E(1). The words “and a Bill for making any amendment to a law passed under Clause (4) of Article 10” inserted after “excepted from the provisions of this Clause” by Act A30, section 7, in force from 10-03-1971.
    Clause (4)(a): The words “Part III of the Second or to the” were substituted for “the Second” by Act 26/1963, paragraph 24(1)(b), in force from 16-09-1963. In paragraph (c) the words “incidental to or consequential on the repeal of a law made under Clause (2) or” deleted after “any amendment” by Act A31, section 7, in force from 24-03-1971.
    Clause (4)(bb):
    1. Added by Act 14/1962, section 24, in force from 31-08-1957. The words “subject to Article
    161E” which appear at the commencement were inserted by Act 26/1963, section 70, in force from 16-09-1963.
    2. See Art. 161E(1).

    Clause (5): The words “Clause (4) of Article 10, any law passed thereunder, the provisions of Part III,” inserted after “amendement to”, the figure “63(4)” inserted after “38,”, “72(4), 152,” inserted after “71(1),” and the words “or to this Clause” inserted after “153” by Act A30, section
    7, in force from 10-03-1971.
    Clause (6): The words ‘and “State” includes any territory’ were added by Act 14/1962, section
    24, in force from 31-08-1957. The words “repeal; and in this Article and in Article 2(a) “State” includes any territory’ substituted for ‘repealed and “State” includes any territory’ by Act A31, section 7, in force from 24-03-1971.

    A bit obscure but the MP quota for Sabah and Sarawak expired at the end of August 1970, according to Article 161E (2)(e).

    Article 161 C & D: The safeguards on protecting the local religion was removed in 1976. Knowing what was removed is helpful to have an understanding of the powers-that-be.



    PART XIIA

    ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK

    161C. (Repealed).

    161D. (Repealed).
    Art. 161C:
    Added by Act 26/1963, section 64, in force from 16-09-1963; and repealed by Act A354, section 46, in force from 27-08-1976, read as follows:


    “Muslims Education in Borneo State.

    161C. (1) No Act of Parliament which provides as respects a Borneo State for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion shall be passed without the consent of the Governor.
    (2) Where under any provision of federal law not having effect as respects Sabah, or not having effect as respects Sarawak, any such aid as aforesaid is given by way of grant out of public funds in any year, there shall be paid by the Federation to the Government of Sabah or Sarawak, as the case may be, and applied for social welfare purposes in that State, amounts which bear to the revenue derived by the Federation from that State in the year the same proportion as the grant bears to the revenue derived by the Federation from other States in that year.
    (3) For the purposes of Clause (2) the revenue derived by the Federation from any State or States shall be the amount after deduction of any sums assigned to States under Article 110 or the Tenth Schedule; and there shall be disregarded any contributions received by the Federation out of the proceeds of lotteries conducted by the Social and Welfare Services Lotteries Board together with any amounts applied to such aid as aforesaid out of or by reference to those contributions.”.



    Art. 161D:

    Added by Act 26/1963, section 65, in force from 16-09-1963; and repealed by Act A354, section 46, in force from 27-08-1976, read as follows:


    “Freedom of religion.

    161D. Notwithstanding Clause (4) of Article 11, there may be included in the Constitution of a Borneo State provision that an enactment of the State Legislature controlling or restricting the propagation of any religious doctrine or belief among persons professing the Muslim religion shall not be passed unless it is agreed to in the Legislative Assembly on second or third reading or on both by a specified majority, not being a majority greater than two-thirds of the total number of members of the Assembly.”.


    Safeguard
    s for constitutional position of States of Sabah and Sarawak

    161E. (1) As from the passing of the Malaysia Act no amendment to the Constitution made in connection with the admission to the Federation of the State of Sabah or Sarawak shall be excepted from Clause (3) of Article 159 by Clause (4)(bb) of that Article; nor shall any modification made as to the application of the Constitution to the State of Sabah or Sarawak be so excepted unless the modification is such as to equate or assimilate the position of that State under the Constitution to the position of the States of Malaya.

    (2) No amendment shall be made to the Constitution without the concurrence of the Yang di-Pertua Negeri of the State of Sabah or Sarawak or each of the States of Sabah and Sarawak concerned, if the amendment is such as to affect the operation of the Constitution as regards any of the following matters:

    (a) the right of persons born before Malaysia Day to citizenship by reason of a connection with the State, and (except to the extent that different provision is made by the Constitution as in force on Malaysia Day) the equal treatment, as regards their own citizenship and that of others, of persons born or resident in the State and of persons born or resident in the States of Malaya;

    (b) the constitution and jurisdiction of the High Court in Sabah and Sarawak and the appointment, removal and suspension of judges of that court;

    (c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, and the executive authority of the State in those matters, and (so far as related thereto) the financial arrangements between the Federation and the State;

    (d) religion in the State, the use in the State or in Parliament of any language and the special treatment of natives of the State;

    (e) the allocation to the State, in any Parliament summoned to meet before the end of August 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation on Malaysia Day, than the quota allocated to the State on that Day.

    (3) No amendment to the Constitution which affects its operation as regards the quota of members of the House of Representatives allocated to the State of Sabah or Sarawak shall be treated for purposes of Clause (1) as equating or assimilating the position of that State to the position of the States of Malaya.

    (4) In relation to any rights and powers conferred by federal law on the Government of the State of Sabah or Sarawak as regards entry into the State and residence in the State and matters connected therewith (whether or not the law is passed before Malaysia Day) Clause (2) shall apply, except in so far as the law provides to the contrary, as if the law had been embodied in the Constitution and those rights and powers had been included among the matters mentioned in paragraphs (a) to (e) of that Clause.

    (5) In this Article "amendment" includes addition and repeal.

    161F. (Repealed).

    161G. (Repealed).

    161H. (Repealed).
    py

  2. #2
    Join Date
    Oct 2008
    Posts
    13,385
    Reference: Delimitation Equity Project Resource Guide by Dr. Lisa Handley.

    Pages 29 - 37

    Common delimitation criteria:

    1. Equal population: Most important for 60 countires. 75% have not limit on deviation. 25% of the countries state that deviation may range from +/-30% to zero. Most common is around 10 - 15%.
    2. Geographic criteria:
    • Administrative boundaries (most common),
    • Natural boundaries such as topographical features as mountain ranges, rivers or islands,
    • Sometimes - remoteness of a territory, sparseness of population and geographic accessibility

    4. Communities of common interest,
    5. Geographical shape: Contiguity and compactness. 11 countries.

    In her survey of Malaysia, she identifies the criteria as (page 69):

    • Voter Population equality,
    • Voter Population density (measure of weightage given to rural constituencies)
    • Respect for local administrative boundaries,
    • Continuity of local administrative boundaries.
    py

  3. #3
    Join Date
    Dec 2016
    Posts
    9
    A lot of information. I will try to read everything and understand everything. We are pleased to share your opinion!

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