Legislative Process in the Malaysia Parliament

Topics: Yang di-Pertuan Agong, Parliament of Malaysia, Malaysia Pages: 8 (2608 words) Published: November 7, 2012
Question 1
Article 44 of the federal Constitution vests the legislative authority of Malaysia Parliament. Explain the legislative process in the Malaysia Parliament. In Article 44, the legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives).

My opinion about the legislation is refers to laws made by a person or body, which has power to make law. In Malaysia, Parliament and Legislative Assemblies have powers to enact laws in their respective areas. Laws made by Parliament may extend to the whole country. However, laws enacted by a State Assembly only apply to that particular state only. There are several legislative processes in the Malaysian Parliament. The Bill introduced to parliament may be classified as Private Bill’s, Private Member Bills, Hybrid Bills and Government Bills. The Bill is normally presented by the Minister to the Parliament A Bill introduced in either House in accordance with Parliamentary procedure as prescribed by the Standing Orders usually goes through 4 stages, i.e.: 1. The First Reading

2. The Second Reading
3. The Committee Stage
4. The Third Reading

To introduce a bill, it is required to give notice to the Clerk of the relevant House before which he intends to introduce it. Bills may be classified as Private Bills, private member’s Bills, hybrid bills or government Bills.

At the first reading, the Minister merely mention the title of the Bill and then proceeds to give oral notice as to when he wishes to move the Second Reading. There is a debate or amendment at this stage of the proceeding which are but a mere formality.

This motion, moved by the Minister, requires to be seconded. By the time this motion is move, the Bill will have been printed and circulated to all members of the House. Otherwise, the Bill cannot be presented. It is as this stage that debate on the Bill is carried out.

At the end of the Second Reading, the Bill is committed Committee of the whole House. In effect, the House resolves itself into a Committee on the Bill. This is called a Committee Stage and it is intended to allow members the opportunity to discuss detail of the Bill and to propose amendment in a less formal proceeding. When discussion is completed in Committee, the Minister move a motion to report the bill under consideration to the House. If the motion is accepted, the House will resume sitting and this brings the Committee Stage to an end.

When the house resume sitting, the minister reports that the Bill has been considered and accepted by the Committee with or without amendment. When a Bill has been passed in the manner describe above in either House, it is then transmitted or send to the other House for Consideration. When the Bill has been considered by the other House in a similar fashion, it is return to the House from which it originated. The motion is the final step and article 68 of the Federal Constitution will become operative.

According to article 68, the Bill may be presented to the Yang di-Pertuan Agong for his assent after the lapse of one month if it is a Money Bill and twelve months if it is not a Money Bill. However, this primacy of the House of Representatives over the Senate does not exist in the event of a Bill amending the Constitution. Constitutional amendment requires the concurrence of both chambers. The function of the Senate is general legislation is of a revising nature with no real authority to reject measures passed by the House of Representative.

Although a Minister normally introduces a Bill, there is nothing to prevent any member either of the government or the opposition from introducing a Bill, but such a move is unlikely to succeed unless it commands the support of the government. Bill may originate from either House with the exception of a Bill or and amendment...
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