The Separation Of Powers Constitutional Law Doctrine In Malaysia – A Note Regarding The Legislature And The Judiciary

By Author: premkumar nadarajan.
Total Articles: 32
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For a Bill to become an Act of Parliament, the Bill must be passed by both the Dewan Rakyat and the Dewan Negara and finally obtain the Royal Assent that is, the Yang di-Pertuan Agong’s seal and signature. Forthwith are the chronicles of which laws are made in Parliament; A Bill is normally presented to Parliament by the Minister responsible for the particular portfolio. The Minister wishing to present a Bill is required to give notice to the Clerk of the relevant House before which he intends to introduce it. In the First Reading- This stage is a formality. The Minister mentions the title and the main aims of the Bill and then proceeds to give oral notice as to when he wishes to move the Second Reading. The Bill is printed and circulated to all members of the House. Next is the Second Reading- Motion is moved by the Minister and must be seconded. Debate on the Bill is carried out. Thirdly the Committee Stage- The Bill is committed to a Committee and the members are allowed to discuss the Bill in detail and to propose amendments in a more informal proceeding. Next would be the Report Stage- The Minister then reports that the ...
... Bill has been considered and accepted by the Committee. He then moves a motion for the Bill to be read a third time and passed.
Last but not least is the Third Reading- The Bill is read and the Minister moves a motion to pass the Bill. If it is accepted then the Bill is considered passed. When the Bill has been passed in this manner in either House, it is then transmitted or sent to the other House for consideration. Similar procedure occurs in the later House. If the Bill is rejected by the later House then a committee is appointed to draft the Reason or Reasons for the rejection and it will be transmitted together with the Bill to the former House. If the House insists on the amendments, then the Bill is said to be ‘laid aside”. Once the Bill is accepted in both Houses, it is then presented to the Yang di-Pertuan Agong for the Royal Assent. The Bill becomes a law when Royal Assent is given.

Senators are elected by the State Legislation Assemblies and some are appointed by His Majesty The King on the advice of the Prime Minister. In other words, senators are drawn from the ranks of persons who have rendered distinguished public services or have achieved distinction on the professions, commerce, industry, agriculture, cultural activities or social service or a representative of racial minorities or are capable of representing the interest of Orang Asli (indigenous peoples). Senators deliberate on Bills passed at the Dewan Rakyat and decide whether to adopt or reject the Bill. Senators will reflect on Bills mooted by the Dewan Rakyat.
Every member of Parliament, on the other hand, represents a particular Parliamentary Constituency. The members of Parliament represent the views of Malaysians and discuss matters of national and international importance during Parliamentary sitting. The members of Parliament make and amend or change federal law, by debating and voting on Bills (proposed laws).The members of Parliament scrutinise the work of the government, especially in Question Time and through Parliamentary Committees.

With regard to the judiciary it is relevant to refer to some pertinent provisions of the Malaysian Constitution. Article 122B(1) provides that, “The Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judges of the High Courts, and the other judges of these courts shall be appointed by the Yang di-Pertuan Agong ‘acting on the advice of the Prime Ministers, after consulting the Conference of Rulers’.”Article 122B(2) provides that, “The Prime Minister shall consult the Chief Justice before tendering his advice concerning these appointments except in the appointment of the Chief Justice.” Article 122B(3) provides that in the case of the Chief Judge of a High Court, the Prime Minister ‘shall consult the Chief Judge of each of the High Courts and, if the appointment is to the High Court in Sabah and Sarawak, the Chief Minister of each of the States of Sabah and Sarawak’.Article 122B(4) provides to the effect that, “Appointments of judges to the Federal Court, the Court of Appeal, and a High Court, other than the heads of these courts, require consultation with their respective heads”.

The requirement of consultation specified in Article 122B (1) has been clarified by HRH Sultan Azlan Shah of Perak, thus, “the Prime Minister submits the names of the candidates to the Conference of Rulers. The Conference then submits its views to the Prime Minister before he tenders his advice to the Yang di-Pertuan Agong. Therefore, the views of the Conference are, strictly speaking, given to the Prime Minister. It is then for him to consider these views before he makes the final recommendations to the Yang di-Pertuan Agong….”His Lordship concluded thus, “…when the Prime Minister submits the name to the Yang di-Pertuan Agong, the Yang di-Pertuan Agong is duty-bound, under Article 40(1), to accept the advice of the Prime Minister.

lecturer at a private learning institution ( UTAR).