The
Dewan Negara (literally "National Hall") or
Senate is the
upper houseAn upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.- Possible specific characteristics :An upper house is usually distinct from the lower house in at least one of the following respects:...
of the
ParliamentThe Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system.The bicameral parliament consists of the Dewan Rakyat and the Dewan Negara...
of
MalaysiaMalaysia is a country in Southeast Asia that consists of thirteen states and three Federal Territories, with a total landmass of . The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government. The population stands at over 28 million inhabitants...
. The Senate consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the
Yang di-Pertuan AgongThe Yang di-Pertuan Agong is the highest-ranking office created by the constitution of the federation of Malaysia. The office was first established at independence in 1957. In accordance with the constitution, the holder of this office is "the Supreme Head of the Federation" and as such is...
(King). The Senate reviews legislation that has been passed by the lower house of Parliament, the
Dewan RakyatThe Dewan Rakyat or House of Representatives is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
; both meet at the
Houses of ParliamentThe Malaysian Houses of Parliament is a building complex where the Malaysian Parliament assembles. The structure is located at the Perdana Lake Garden in Kuala Lumpur, right next to the Malaysian national monument, the Tugu Negara....
in the capital city of
Kuala LumpurKuala Lumpur , is the capital and largest city of Malaysia. The city proper, making up an area of , has an estimated population of 1.6 million in 2006. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
.
The
Dewan Negara (literally "National Hall") or
Senate is the
upper houseAn upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.- Possible specific characteristics :An upper house is usually distinct from the lower house in at least one of the following respects:...
of the
ParliamentThe Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system.The bicameral parliament consists of the Dewan Rakyat and the Dewan Negara...
of
MalaysiaMalaysia is a country in Southeast Asia that consists of thirteen states and three Federal Territories, with a total landmass of . The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government. The population stands at over 28 million inhabitants...
. The Senate consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the
Yang di-Pertuan AgongThe Yang di-Pertuan Agong is the highest-ranking office created by the constitution of the federation of Malaysia. The office was first established at independence in 1957. In accordance with the constitution, the holder of this office is "the Supreme Head of the Federation" and as such is...
(King). The Senate reviews legislation that has been passed by the lower house of Parliament, the
Dewan RakyatThe Dewan Rakyat or House of Representatives is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
; both meet at the
Houses of ParliamentThe Malaysian Houses of Parliament is a building complex where the Malaysian Parliament assembles. The structure is located at the Perdana Lake Garden in Kuala Lumpur, right next to the Malaysian national monument, the Tugu Negara....
in the capital city of
Kuala LumpurKuala Lumpur , is the capital and largest city of Malaysia. The city proper, making up an area of , has an estimated population of 1.6 million in 2006. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
. Both houses must pass a bill before it can be sent to the King for royal assent; however, if the
Dewan Negara rejects a bill, it can only delay the bill's passage by a year (at the most) before it is sent to the King.
Originally, the Senate was meant to act as a check on the
Dewan Rakyat, and also to represent the interests of the various states. However, the original Constitution which provided for a majority of state-elected Senators has since been modified to make those appointed by the King in the majority.
Membership
Appointed persons must have "rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines (
Orang AsliOrang Asli is a general term used for any indigenous groups that are found in Peninsular Malaysia. They are divided into three main tribal groups – Semang , Senoi, and Proto-Malay . The Orang Asli are further divided into 18 sub-ethnic group according to their different languages and customs...
)".
Each of the 13 state legislative assemblies chooses 2 Senators. The term of office is 3 years and Senators can only be re-elected once, consecutively or non-consecutively. The King appoints two Senators for the Federal Territory of
Kuala LumpurKuala Lumpur , is the capital and largest city of Malaysia. The city proper, making up an area of , has an estimated population of 1.6 million in 2006. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
, and one respectively for the Federal Territories of
LabuanLabuan is the main island of the Malaysian Federal Territory of Labuan. Labuan is best known as an offshore financial centre offering international financial and business services via Labuan IBFC since 1990 as well as a tourist destination for nearby Bruneians and scuba divers...
and
PutrajayaPutrajaya is a planned city, located south of Kuala Lumpur, that serves as the federal administrative centre of Malaysia. The seat of government was shifted in 1999 from Kuala Lumpur due to the overcrowding and congestion there. Nevertheless, Kuala Lumpur remains as Malaysia's national capital...
on the advice of the
Prime MinisterThe Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is formally appointed by the Yang di-Pertuan Agong, the head of state, and is invariably the leader of the largest party in the House of Representatives, the elected lower house of Parliament...
. Another 40 Senators, regardless of their states, are appointed by the King, also on the Prime Minister's advice.
The intent of the original
Constitution of MalaysiaThe Federal Constitution of Malaysia is the supreme law of Malaysia. The 1957 Constitution of the Federation of Malaya is the basis of this document. It establishes Malaysia as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial...
, which provided for only 16 Senators to be appointed by the King (thus placing them in the minority) was to give the states some say over federal policy. However, subsequent amendments have, according to former
Lord President of the Federal CourtLord President of the Federal Court of Malaysia was formerly the title of the head of the judiciary in Malaysia, from the formation of Malaysia in 1963 until 1994. Today the office and title is known as the "Chief Justice of the Federal Court of Malaysia"....
Tun
Mohamed Suffian Mohamed HashimTun Mohamed Suffian Hashim was a Malaysian judge, eventually serving as Lord President of the Federal Court from 1974 to 1982...
, acted "contrary to the spirit of the original constitution which established the Senate specially as a body to protect in the federal Parliament, state interests against federal encroachments".
To qualify, a candidate must be a Malaysian citizen residing in the Federation, must not owe allegiance to any foreign state, must not have received a prison sentence of one year or longer, and must not have been fined
RMRinggit mostly refers to the Malaysian ringgit, which is the local currency in Malaysia, but it can also refer to the Brunei dollar in the Malay language. The word ringgit was originally used to refer to the serrated edges of Spanish silver dollars widely circulated in the area before the...
2,000 or more. Holders of a full time profit-making position in the public service are also ineligible. There is no requirement to belong to a
political partyA political party is a political organization that seeks to attain and maintain political power within government, usually by participating in electoral campaigns...
. Parliament is permitted to increase the number of Senators to three per state, reduce the number of appointed Senators, or abolish the post of appointed Senator altogether. The process of appointment is set out by Article 45 of the
ConstitutionThe Federal Constitution of Malaysia is the supreme law of Malaysia. The 1957 Constitution of the Federation of Malaya is the basis of this document. It establishes Malaysia as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial...
. The Constitution provides for
direct electionDirect election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the...
of the 26 Senators from the states, but this clause does not take effect until Parliament passes a resolution bringing it into effect; as of 2006, the Senators remain indirectly elected.
Members of the Senate are not affected by
electionsElections in Malaysia exist at two levels: national level and state level. National level elections are those for membership in the Dewan Rakyat, the lower house of Parliament, while state level elections are for membership in the various State Legislative Assemblies...
for the lower house of the
Dewan RakyatThe Dewan Rakyat or House of Representatives is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
, and continue to hold office despite the
Dewan Rakyat's dissolution for an election.
The Senate elects a President to preside over sittings of the Senate, ensure observance of the rules of the house, and interpret the Standing Orders of the house should they be disputed. Should the President be absent, his Deputy takes his place.
Powers and procedure
The Senate may initiate legislation, except for financial and fiscal matters — a regulation directly from the
Westminster systemThe Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
. It may also amend legislation, provided it does not deal with financial matters. Any proposed legislation must first be passed by the
Dewan Rakyat. Then it is presented to the
Dewan Negara in three readings. At the first, the legislation's proposer presents it to the assembly. At the second, the bill is debated. At the third, a vote is taken whether to pass or reject the bill. The
Dewan Negara may not formally reject bills; it is only allowed to delay their passage by one month, or up to a year under certain circumstances. After the bill has passed or the requisite period is up, the bill is presented to the King for royal assent. If the King demurs or 30 days pass without royal assent, the bill is sent back to Parliament with a list of suggested amendments. The bill must then be reapproved by both houses of Parliament. If the King still does not grant royal assent 30 days after it is presented to him again, the bill automatically becomes law. It does not take effect, however, until it is published in the Government Gazette.
Although members of Parliament typically have legal immunity when it comes to freedom of discussion, under the Sedition Act, a
gag ruleA gag rule is a rule that limits or forbids the raising, consideration or discussion of a particular topic by members of a legislative or decision-making body...
forbids discussion about repealing certain articles of the Constitution dealing with controversial
BumiputraBumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of earth" .In the 1970s the government implemented economic policies designed to favour...
privileges such as
Article 153Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for safeguarding the special position of the Malay and other indigenous peoples of Malaysia, collectively referred to as Bumiputra and also the legitimate interests of the other communities...
.
Current composition
| Mode of Appointment |
Seats |
| By Yang di-Pertuan Agong |
44 |
| By State Assemblies |
26 |
| Total |
70 |