HASLINDA MOHD ANUAR

SENIOR LECTURER
SCHOOL OF LAW
COLGIS

PARLIAMENTARY SOVEREIGNTY vs
CONSTITUTIONAL SUPREMACY

SESSIONS, MEETINGS & SITTINGS

OF PARLIAMENT
A parliament continues for a period of 5 years

from the date of its first meeting, unless there

is an early dissolution.
Dissolution terminates the membership of all
members of dewan Rakyat
After dissolution, a general election must be
held within 60 days & a new parliament must
be summoned within 120 days.
Once summoned, parliament is then in
session.

SESSIONS, MEETINGS & SITTINGS

OF PARLIAMENT
A session (normally 5 sessions) usually last for

about a year. Begin with the speech from the

throne, the government outlines its legislative
programme for the session & ends when parliament
is prorogued. Parliament must summoned again
within 6 months of the last sitting in the previous
session.
A session consists of a number of meetings
(usually 5 or 6 in a session) which last for a few
days/weeks each.
A meeting consists of a number of sittings ( any
period during which the house deliberates without
adjournment usually one day)

SESSIONS, MEETINGS & SITTINGS

OF PARLIAMENT
http://www.parlimen.gov.my

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
A.53, A.62, A.63 of the Federal Constitution &

the House of Parliament (Privileges & Powers)

Act 1952.
Purpose to enable the Dewan & its members
to perform their functions effectively and
without interference from any person outside
of parliament.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
1. Freedom of speech & debate
A.63(2)

Immunities shall no be liable in civil/criminal

proceeding in respect of anything said or vote
given by him when taking part in any
proceeding of either Dewan or any committee.
Eligibility to all members as well as officers
and outsiders taking part in parliamentary
proceedings. Not personal privilege but relates
to function of participating in a parliamentary
proceedings. Outside of parliament proceedings,
not protected.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
Extent of the privilege

A.63(4) freedom of speech during

parliamentary proceedings Is absolute,
except;
Sedition
Power of the House to punish them for
contempt of the House in respect of their
behaviour in or outside the House.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
Proceedings in Parliament
The privilege relates to function and not to

person or to territory.
The privilege is not dependent on whether the
words or action were within or outside the
premises of Parliament.
Situations which are not protected by law of
parliamentary privileges;
1. Casual conversation in parliament
2. Actions within the precincts of parliament if
they have no connection with parliamentary
proceedings

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
3. Correspondence between MPs and
constituents
4. Correspondence between MP and
minister on a matter not before the
House
5. Unofficial newspaper reports of
parliamentary proceedings
6. Interview of an MP on TV, radio or in the
press
7. Disclosures by MP in a newspaper article
of a matter covered by the OSA.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
2. Right to regulate internal proceedings
A.62(1) each House is the master of its own

procedure
A.62(4) in regulating the procedure each
House may provide that decision shall be
made by a specified majority or by a
specified number of votes.
A.63(1) the validity of any proceedings in
parliament or any committee cannot be
questioned in any court.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
IGP v Lee Kim Hoong Q whether papers

relating to the emergency proclamation and

emergency ordinance had been laid before the
houses as required by A150(3). Held: court is
prevented from examining the internal
matters of parliament. If records kept by
parliament indicate that a paper had been
laid, that is conclusive as far as the court is
concerned. Courts are barred from questioning
the validity of the votes and proceedings,
register and the order paper.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
3. Decision as to disqualification
A.53(1) if any question arises whether a

member of a house of parliament has

become disqualified for membership, the
decision of that house shall be taken and
shall be final.
Fan Yew Teng v Government Held: A.63(1)
prevent inquiry by courts into the issue of the
qualification of an MP.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
Exception
A.53(1) applies only to post-election or post-

appointment disqualification.
The Houses power does not apply if a person
is suffering from disqualification enumerated in
A48(1) convicted of an offence on court & has
been sentenced to imprisonment of not less
than one year or a fine not less than RM2,000.
A.53(2) the Houses power does not apply if
the person is disqualified under A.48(2) or a
federal law for committing offences in
connection with elections.

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
4. Power to punish for contempt
Situations which may constitute contempt or

breach of privilege;
1. Threat to sue or prosecute an MP for his
parliamentary words
2. Insulting the house or its members by
publication of derogatory materials
3. Disrupting parliamentary proceedings
4. Tampering
with
witnesses
before
parliamentary committees

PARLIAMENTARY PRIVILEGES &

IMMUNITIES
Refusing to give evidence when ordered to do so or
giving false evidence
6. Misleading the house by supplying false information
7. Substantial interference with the exercise of a
members freedom of speech and action by threats,
molestation, bribes or other improper inducements.
Procedure a complain of breach of pivilege or
contempt is investigated by the committee of
privileges which can conduct a proper hearing and
require attendance of witnesses and production of
papers and documents. Not bound by the principles of
natural justice or civil or criminal procedure master
its own procedure & court cannot interfere.
5.

PROCEEDINGS IN
PARLIAMENT
Ordinary bills
3 types of bills;
Public bill matters of general public
interest (crime, taxation)
Private bill matters of private or local
concern (person, association, corporate
bodies or NGOs outside of parliament)
Hybrid bill matters of public interest which
also affect adversely the interest of some
private persons.

PROCEEDINGS IN
PARLIAMENT
Origin bills can originate in either Dewan. But

taxation & expenditure must commence in the

Dewan Rakyat & must be moved by a minister
Procedure
A. Pre-parliamentary stages
B. Readings in the first Dewan;
1. First reading a mere formality. The title of
the Bill is read. No debate & no voting.
Circulate the Bill to all members.
2. Second reading debate by members on the
merit & principles of the Bill. No
amendment. Voting takes place.

PROCEEDINGS IN
PARLIAMENT
3. Committee Stage amendment stage. A
Bill is committed either to a Committee of
the Whole House or to a Select
Committee on the Bill. A debate & vote
takes place.
4. Report Stage conclusion of committee
stage, the Bill is reported to the Dewan.
Further amendment may be proposed
recommitted to a Committee re-report
to Dewan.
5. Third Reading final debate on the
principles of the Bill. Voting takes place.

PROCEEDINGS IN
PARLIAMENT
C.
D.

E.

F.

Readings in the second Dewan

Resolution of disagreements between the two
Dewan appointment of a joint committee of
both Dewan
Consent of the King Royal assent is needed for
a Bill to become law. Within a time frame of 30
days, the YDPA shall assent to the Bill by causing
the Public seal to be affixed to the Bill. If the
YDPA refuses or delay assent, the Bill shall
become the law 30 days after it is presented to
the YDPA.
Publication every Bill is required to be published
in the Warta Kerajaan prior to enforcement.

PROCEEDINGS IN
PARLIAMENT
Emergency Acts under A.150
Parliament may make laws with respect to any matter if

it appears to parliament that the laws is required by

reason of the emergency.
Procedure once parliament invokes its emergency
powers under A.150(5), all procedural restrictions in the
Constitution can be ignored.
Scope of the law may make laws with respect to any
matter within or outside the powers of parliament in
normal times. Can violate fundamental liberties. Can
trespass on the state list. Except 6 provisions stated in
A.150(6A); Islam, custom of Malay, native law or custom
in Sabah & Sarawak, religion, citizenship, language.

PROCEEDINGS IN
PARLIAMENT
Emergency Ordinances under A.150
Pre-conditions the YDPA is authorised to
promulagate the ordinances if the following
conditions are met;
1. A proclamation of emergency by the YDPA
is legally in operation
2. The two Dewan are not sitting concurrently.
3. The YDPA must satisfied that certain
circumstances exist which render it
necessary for him to take immediate
legislative action.

PROCEEDINGS IN
PARLIAMENT
Procedure it is a piece of executive legislation that is
promulgated outside parliament. No legislative
procedures applicable. No debate or vote takes place
prior to its promulgation.
After its promulgation, an ordinance must be laid
down before both Dewan.
Once the ordinance is laid down, the Dewan may;
1. Pass an affirmative resolution to approve the
ordinance
2. Do nothing inaction will amount to implied
consent
3. May be annulled by resolution of both Dewan. If
annulled by resolution, may be re-issued.

PROCEEDINGS IN
PARLIAMENT
Scope & extent the ordinance has the same

force & effect as an Act of parliament. An

ordinance cannot be declared invalid on the
ground of inconsistency with any provision of
the Constitution.
Duration of ordinance no time limit for its
expiry. It continues
1. unless it is revoke by the YDPA
2. Annulled by resolution of each Dewan
3. Until it lapses due to cessation of
emergency proclamation.