TOPIC 8 PARLIAMENTARY DEMOCRACY

AND ELECTION PROCESS

TOPIC 8
PARLIAMENTARY DEMOCRACY AND ELECTION PROCESS
There are two types of government – autocracy and democracy. In the aristocratic system of
government, power is concentrated in a single person, who is often pictured as a ruler who is wicked,
who ignores the voice of the people and completely denies them of their power. This iron-fisted ruler is
called dictator. Democracy on the other hand is synonymous with the expressions such as the voice of
the people, the freedom of the people, or the people that rule. The phrase “from the people to the
people” is also linked to the concept of democracy. The mechanism for creating and strengthening the
practice of democracy in a country is usually done through the general election. The general election is
the official and legal channel for all Malaysian citizens who fulfill the conditions to vote and determine or
choose their leaders or representatives in Parliament and the State Legislative Assembly.

Elections in the practice of democracy constitute a social contract between the people and their
representatives. There are two types of general election. First, the general election for the whole
country, held once every five years. The next is the by-elections, also considered a general election
because the concept of the election itself constitutes the choosing of a representative by the public
citizens for the Councils, Parliament and the State Legislative Assembly. The general election is only
held after Parliament or the State Legislative Assembly is dissolved. The by-elections do not involve the
dissolution of any of the assembly nor do they follow a fixed schedule.

8.1 When are general elections held?

A general election is held once every five years. It can also be held before the term is up. The YDPA
must dissolve Parliament on the advice or at the request of the Prime Minister. At the State level, a
general election is held after the State Legislative Assembly is dissolved by the Ruler or Yang Di-Pertua
Negeri at the request of the Menteri Besar or Chief Minister.

The elections must be held within 60 days in West Malaysia and within 90 days in Sabah and Sarawak.
The time specified is reasonable for the Election Commission (EC) to prepare the election arrangements
and the contesting parties to get ready, hold campaigns and construct definite strategies following the
regulations or laws that have been fixed from time to time. The purpose of observing the rules or laws is
to protect the basic principle of democracy from being violated.

The by-election is held at the death of a representative or member of the State Legislative Assembly or
Member of Parliament or if there is a vacant seat because of absenteeism from meetings for a fixed
period of time. It is also held when the general election result of a constituency is considered not legal.
Only the court can decide whether the result of an election is illegal after a charge has been officially
made following rules and legislation. Usually the High Court will decide whether the election result is
nullified. In the event it is decided that the result of an election is nullified, the EC will announce and hold
the elections again.

Technical problems in the process of the election may be found that required it to be repeated. In such
circumstances, the by-election only involves the particular electoral constituency whether Parliamentary
or state. The period for holding a by-election is subject to written regulations.

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 TOPIC 8 PARLIAMENTARY DEMOCRACY
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8.2 The Voter and his Conditions

The voter is an individual who has the right and qualifies to ballot in an election. According to the
Constitution, Article 119 (1), every Malaysian can vote for the House of Representatives or State
Legislative Council election:

1. On reaching the age of 21 on the qualifying date; and

2. Resides in an election division on the (qualifying) date or if not residing is considered as absentee
voter.

The electoral list is a document in which are listed the names of the voters in the electoral constituency.
According to General Election Rules 14 and 15, 1959 whose names are not recorded in the list are not
allowed to vote. A person can register or check whether his name is still listed in the constituency’s
register. At the checking centers, every citizen who is 21 years of age and above can register his name
as a prospective voter. The work of checking is important to avoid the duplication of registration in
different electoral districts.

There are two technical terms in the above conditions that is ‘the qualifying date’ and ‘not residing’. The
qualifying date refers to the 31st of August each year. This date is made the date for checking and
preparing the voters’ register each year by the EC. The word ‘not residing’ means not residing in an
electoral constituency is described as an absentee voter and can still vote. According to the law there
are three categories of absentee voters:

1. A Malaysian citizen who is working in the Federation Armed Forces or Commonwealth countries,
who with his wife lives in a residence provided by the Armed Forces authority on the date of
application to register as a voter in the electoral district
2. A Malaysian citizen living overseas with his wife but working with the Federal or State Government
or local or semi-government authority, who has applied to register himself as a voter in the electoral
constituency; and
3. A Malaysian citizen (and wife) who is studying abroad, who applies to register himself as a voter in
the electoral constituency.

Even if a citizen satisfies the conditions above, there are two matters that can bar him from voting for the
House of Representative or the State Legislative Council. The two clauses are:

1. On the qualifying dater he is held as a person who does not have a fully sound mind or is carrying
out a jail sentence
2. A person is found guilty and is imposed the death sentence or jail exceeding 12 months in any
Commonwealth country.

8.3 Election Commission (EC)

According to Article 113 of the Constitution, the body that is responsible for managing and administering
the elections is the EC. The responsibility of the Commission can be divided into three main areas;

1. Draw up the borders of the electoral constituencies

2. Prepare and check the voters’ lists for the elections; and
3. Manage the election process for the Parliamentary and State Legislatives Assembly constituencies.

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These circumstances need the division of new borders to bring about the balances in the population
spread. In line with that the body also examines the election districts every ten to twelve years. The
process of realigning the borders and examining the electoral constituencies is carried out following
systematic measures. The second responsibility is carried out from time to time for the purpose of
updating the register. This is to ensure that a complete list of voters can be prepared and is ready to
face an election at any time.

The members of the EC are appointed by the YDPA after consultations with the Council of Rulers. The
membership of the Commission can be clearly seen in Article 114 of the Constitution. Its membership
consists of a chairperson, a deputy and three other members. The office bearers of the Commission
receive an allowance according to the laws approved in Parliament through the establishment of a
special fund. Parliament can make changes to the terms for the post and the membership of the
Commission.

The members of the Commission are allowed to hold the post until the age of 65 and can resign from
the post by sending a letter to the YDPA. However they cannot be simply dismissed, but have to go
through special procedures as in the case of dismissal of a judge of the Federal Court. The YDPA can
dismiss a member of the Commission if he is bankrupt or he is holding a salaried post or becomes a
Member of Parliament or member of the State Legislative Assembly.

8.4 Vote and Balloting

For a general election, the EC will issue an order to the Managing Officer to organize the balloting
process. The responsibility of the Managing Officer is to issue a statement, through the Government
Gazette or newspaper, on the date of nomination of candidates for the said election, the place and the
time of the election for every constituency. The EC also determines the date and the place of balloting.

The process of nomination can be done in not less than ten days after its announcement has been
circulated. According to the rules of an election, any candidate who wishes to contest must obtain a
nominator, a seconder and at least four other people, whose names are recorded in the nomination
paper. Every candidate has to put down a deposit, the sum of which varies depending on whether it is a
Parliamentary or State Legislative Assembly constituency.

The balloting day can be after three weeks from the date of nomination but cannot exceed eight weeks.
On the balloting day, all voters who qualify to vote can carry out their responsibility by casting their votes
in balloting places provided. The time for balloting is determined by the election management.

For a general election, every voter is given two sheets of ballot papers of different colors; one for the
State Legislative Assembly constituency and the other for the Parliamentary constituency. On each
ballot paper are symbols representing the contesting candidates and the space for the voter to make his
choice.

For those categorized as ‘non-residing’ voters, voting is done through the post. This means they do not
go to the balloting place provided but make their choice earlier and send the ballot papers through the
post. This includes those who are overseas, members of the security forces serving in the interior and
public office-bearers involved in handling the election matters in areas outside their balloting district.

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8.5 State Legislative and Parliamentary Members

Every Malaysian citizen age 21 and above qualified to become a State Legislative Assemblyman or
Member of Parliament (MP) except if the person has lost his right to become a member according to the
Constitution or any law mentioned. The reason may be:

1. If the person is found or pronounced to be not of sound mind; or

2. If the person is a bankrupt and has yet to be released; or
3. If the person holds a salaried post; or
4. If the person fails to send his statement of expenses for the Parliamentary of State Legislative
Assembly election candidate or representative within 33 days after the announcement of the
election result; or
5. If a person has been found guilty for a criminal offence by any court in the Federation and has been
sentenced to imprisonment for not less than a year or fined not less than two thousand Malaysian
ringgit and has not received pardon; or
6. If a person deliberately obtain foreign citizenship or deliberately used foreign citizenship or pleaded
allegiance to any foreign country; or
7. If the person has been found guilty of an offence related to elections.

A member of the State Legislative Assembly cannot at the same time represent more than one electoral
constituency. A people’s representative too cannot be a member for both the Parliamentary Assemblies
or represent more than one electoral district. The members from parties that win with a majority the
electoral seats will form the State Government and are among those who will be appointed
subsequently as members of the State Executive Council (Exco). The Ruler/ Sultan or Yang di-Pertua
Negeri of a state will appoint a Menteri Besar or Chief Minister to head the government.

To protect the integrity of the democratic practice the appointment of a candidate as a member of DUN
or people’s representative is through a formal ceremony. This means every one of them must pledge
allegiance to Malaysia and the Constitution before he can be addressed as Yang Berhormat and
officially takes his seat in the conference hall. For the State Legislative Assembly, the ‘oath taking’
ceremony is witnessed by the Ruler/ Sultan or Yang Di-Pertua Negeri; for the House of Representatives,
it is witnessed by the YDPA.

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