Malaysia's Law-Making Process: From Bill To Enactment

Malaysia has a bicameral parliamentary system, with an unelected upper house (the Dewan Negara or Senate) and an elected lower house (the Dewan Rakyat or House of Representatives). The process of turning a bill into a law involves three levels of approval. First, the bill is introduced to the House of Representatives, where it is debated and voted on. If it passes, it is forwarded to the Senate, where it is debated and may be amended. Finally, the bill is submitted to the monarch, the Yang di-Pertuan Agong, for royal assent.

The role of the House of Representatives

The House of Representatives, or Dewan Rakyat, is the lower chamber of Parliament in Malaysia. It is made up of elected representatives, or Members of Parliament (MPs), who are voted for by the people during general elections. These MPs represent their own federal constituencies in the House of Representatives.

The Second Reading is considered one of the most important stages. During this stage, the Bill undergoes a parliamentary debate on its principles and contents. MPs can raise questions, contribute suggestions, and discuss the Bill's contents. The Minister who proposed the Bill will then reply to the points raised by the MPs.

After the Second Reading, the Bill moves to the Committee Stage. MPs group themselves into several committees to deliberate the Bill further. At this stage, they can discuss and make amendments to the Bill, but they are not allowed to bring up matters that were already debated during the Second Reading.

Following the Committee Stage, the Bill goes through a Third Reading in the House of Representatives. Members are notified that the Bill has passed through the first three stages, and if there are no objections, it is ready to be passed to the upper house, the Dewan Negara or Senate.

For a Bill to become a law, it must receive a simple majority vote in the House of Representatives, which means at least 51% of the total votes in the House. Once a Bill passes this stage, it will then be forwarded to the Dewan Negara for further review and debate.

The role of the Senate

Malaysia has a bicameral parliament, which means it has two chambers or houses. The upper house, known as the Dewan Negara or Senate, plays a crucial role in the legislative process, alongside the lower house, the Dewan Rakyat or House of Representatives.

The Senate's primary function is to act as a check and balance for the Dewan Rakyat. Once a bill has passed through the three readings in the Dewan Rakyat, it is forwarded to the Senate for debate. The Senate can propose amendments to the bill, but it must be agreed to by the Dewan Rakyat. If the Dewan Rakyat chooses not to adopt the proposed amendments, Article 68 of the Federal Constitution allows them to bypass the Senate and send the bill directly to the final stage of the parliamentary process: obtaining the assent of the Yang di-Pertuan Agong, the Head of State.

The Senate can delay a bill's passage by a maximum of a year before it is sent to the Yang di-Pertuan Agong. However, they do not have the power to reject a bill if they are unsatisfied with it.

The Senate is an appointed body, with members chosen by the Yang di-Pertuan Agong on the advice of the Prime Minister and State Legislative Assemblies. Senators are selected from among those who have achieved excellence in their respective professions and represent minorities in society. The term of office for a Senator is three years, and they may only be reappointed once, consecutively or non-consecutively.

The legislative process in Malaysia is a collaborative effort between the two houses of Parliament and the Yang di-Pertuan Agong, with each playing a distinct role in enacting laws that govern the country.

The role of the Yang di-Pertuan Agong

The Yang di-Pertuan Agong is the constitutional monarch and head of state of Malaysia. The role comes with a variety of powers and responsibilities, which can be divided into two categories: powers exercised on the advice of the Cabinet or of a minister acting under the general authority of the Cabinet, the Conference of Rulers, or some other officer or institution, and discretionary powers.

The Yang di-Pertuan Agong's discretionary powers include:

• Appointing the prime minister
• Withholding consent to dissolve Parliament
• Calling meetings with the Conference of Rulers
• Appointing the Deputy Prime Minister, Ministers and Deputy Ministers
• Appointing the Chief Secretary to the Government as the Secretary of the Cabinet
• Appointing the Election Commission, on the advice of the Conference of Rulers
• Appointing the Judicial and Legal Service Commission, after consultation with the Chief Justice
• Appointing the Malaysian Public Service Commission, after considering the advice of the Prime Minister and after consultation with the Conference of Rulers
• Appointing the Chief Justice of Malaysia, on the advice of the Prime Minister and the Conference of Rulers
• Appointing the Chief Judge of Malaya, on the advice of the Prime Minister and the Conference of Rulers
• Appointing the Chief Judge of Sabah and Sarawak, on the advice of the Prime Minister and the Conference of Rulers
• Appointing 44 at-large senators to the Dewan Negara, the upper house of Parliament
• Appointing the Yang di-Pertua Negeri (Governors), of the states of Penang, Malacca, Sabah and Sarawak
• Appointing the Mayor and City Council of Kuala Lumpur
• Appointing the chairman and members of each state council
• Appointing the State Mufti (head) in each of the states with appointed governors
• Appointing the Chief of Defence Forces, on the advice of the Armed Forces Council
• Appointing the service heads of each of the three branches of the armed forces

The Yang di-Pertuan Agong also has the power to grant assent to a Bill, which will become law if he does so. If he does not grant assent, a Bill will still become law 30 days after it is presented to him.

The process of amending a bill

• Introduction of the Bill: A bill is a proposal to introduce a new law or amend an existing one. It outlines the general structure and principles of the proposed law. The content and principles of the bill are extensively discussed and negotiated among various parties, including the government, NGOs, and public interest groups. There are three types of bills: Public Bills, Private Bills, and Hybrid Bills.
• Level 1: Dewan Rakyat (House of Representatives): The Dewan Rakyat is the lower chamber of Parliament, consisting of elected representatives from federal constituencies. If the bill is a Government Bill, the relevant Minister will present it to the House. The title of the bill is read, and it is then circulated to all Members of Parliament (MPs). Debates and discussions are held, where MPs can raise questions, contribute suggestions, and the proposing Minister replies.
• Voting and Committee Stage: MPs are required to vote to determine if the bill should proceed to the next stage. The bill is then committed to either a Committee of the Whole House, where all MPs can participate in the debate and vote, or a Select Committee, which is a group of selected MPs who scrutinize and investigate the bill.
• Amendments and Final Debate: Extensive debates are held, and amendments can be proposed and voted on. A final debate is conducted, where no major amendments are allowed.
• Voting on the Bill: A final voting session is held, and the bill typically requires a simple majority vote (51% of total votes) to pass this stage.
• Level 2: Dewan Negara (Senate): The Dewan Negara is the upper chamber of Parliament, with members appointed by the YDPA on the advice of the Prime Minister and State Legislative Assemblies. It acts as a check and balance for the Dewan Rakyat. The Dewan Negara can propose amendments to the bill, but they must be agreed on by the Dewan Rakyat. If the Dewan Rakyat chooses not to adopt the proposed amendments, Article 68 of the Federal Constitution allows them to bypass the Dewan Negara and move the bill to the next stage.
• Level 3: Obtaining Royal Assent: For a bill to become law, royal assent from the YDPA is required. According to Article 66(4) of the Federal Constitution, the YDPA must grant assent to the bill within 30 days by affixing the Public Seal. If the YDPA does not consent within this timeframe, the bill will automatically become law after 30 days, as per Article 66(4A).
• Publication of the Law: After gaining royal assent, the bill becomes an Act of Parliament. However, for the law to come into force, it must be published in the Federal Gazette, as per Article 66(5). This step ensures that the public is made aware of the new law.

It is important to note that Malaysia has a bicameral parliament, consisting of the lower house (Dewan Rakyat) and the upper house (Dewan Negara). The process of amending a bill involves navigating through these chambers and obtaining the necessary approvals before a bill can become law.

The process of approving a bill

Level 1: Dewan Rakyat (House of Representatives)

The Dewan Rakyat is the lower chamber of Parliament, made up of members representing their own federal constituency (Members of Parliament – MPs) elected during the general election. If it is a Government Bill, the related Minister will present the Bill to the House. The title of the Bill will be read, and it will be circulated to all Members of Parliament, but no debate will be held at this point. Debates and discussions relating to the contents of the Bill will be hosted, and Members of Parliament can raise questions and contribute suggestions. The Minister who proposed the Bill will then reply to the points raised by the Members.

Members are required to vote to determine whether the Bill should move forward to the next stage. A Bill will be committed either to a Committee of the Whole House or to a Select Committee on the Bill. The Committee of the Whole House means that all MPs in Dewan Rakyat are allowed to take part in the debate and vote on the Bill's contents. A Select Committee is a group of selected MPs who gather evidence from various ministers and officials, including the public and relevant organisations outside Parliament. Extensive debates will take place, and amendments can be made to the Bill. Votes will be taken to decide whether a particular proposed amendment by the Committee should be allowed or not. A final debate on the Bill will be conducted, with no substantive (major) amendments permitted, followed by a voting session. Generally, a Bill will pass this House if it attains a simple majority vote, which is 51% of the total votes in the House.

Level 2: Dewan Negara (Senate)

The Dewan Negara is the upper chamber of Parliament. Its members are appointed by Yang di-Pertuan Agong on the advice of the Prime Minister and State Legislative Assemblies. It acts as a check and balance for the Dewan Rakyat. The Dewan Negara can propose amendments to the Bill, but it must be agreed to by the Dewan Rakyat. If the Dewan Rakyat chooses not to adopt the proposed amendments, Article 68 of the Federal Constitution gives them the authority to bypass the Dewan Negara to reach the final stage of the parliamentary process. They can reintroduce the Bill in the next parliamentary session (usually a one-year time period), and if it is not passed in the Dewan Negara without amendments again, it is automatically passed to the next level.

Level 3: Yang di-Pertuan Agong (YDPA)

For a Bill to become law, royal assent must be obtained. Article 66(4) of the Federal Constitution states that the YDPA shall grant assent to the Bill within 30 days by causing the Public Seal to be affixed to it. If the YDPA does not consent to the Bill within 30 days, the Bill will automatically become law after 30 days, according to Article 66(4A) of the Federal Constitution.

Once the royal assent has been obtained, the Bill becomes an Act of Parliament. However, for the law to be applied, it must be published in the Federal Gazette, as per Article 66(5) of the Federal Constitution. This is to ensure that the public is aware of the law, which might affect them.

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