Dewan Negara Today
It has been alleged that the Dewan Negara today has deviated from the purpose envisioned by the framers of the Constitution.
It will be noted that the very nature of the original composition of the Senate was conceived by the Reid Commission as a safeguard to constitutional amendments. In govt of Kelantan case, Thomas Chief Justice’s judgment serves to highlight the immense power that have been reposed in the central government ad of totally negligible voice of the States in the amendment process.
Hence, the only mean that the states can have any say in the constitutional amendment is by way of their representative in the Senate. However, the amendments made by the Parliament to article 45 have rendered meaningless this safeguard of the Malaysian Constitution.
Today, based on article 45, the ratio of state senators to Appointed senators is 26 to 44. It is obvious therefore that the safeguard as envisaged by the Reid Commission to act as a restraint upon the legislative power of amendment has been deprived of its effectiveness. It can be queried whether the amendment are contrary to the recommendations of the Reid Commission, which stated:‘Amendments should be made by Act of Parliament provided that an Act to amend the Constitution must be passed in each House by a majority of at least two-thirds of the members voting. In this matter the House of Representatives should not have power to overrule the Senate. We think that this is a sufficient safeguard for the States because majority of members of the state will represent the States.’
The term of office of a Senator is 6 years & is x to be affected by a dissolution of P. As the appointed Senators are now in majority, the Senate can delay & even ‘obstruct ‘ the legislative programmes of the diff party in power .In these circumstances, it would be extremely diff for the State Sentors to ‘block’ any amendment. The Upper house has been frequently critized & been looked upon as a ‘rubber
It will be noted that the very nature of the original composition of the Senate was conceived by the Reid Commission as a safeguard to constitutional amendments. In govt of Kelantan case, Thomas Chief Justice’s judgment serves to highlight the immense power that have been reposed in the central government ad of totally negligible voice of the States in the amendment process.
Hence, the only mean that the states can have any say in the constitutional amendment is by way of their representative in the Senate. However, the amendments made by the Parliament to article 45 have rendered meaningless this safeguard of the Malaysian Constitution.
Today, based on article 45, the ratio of state senators to Appointed senators is 26 to 44. It is obvious therefore that the safeguard as envisaged by the Reid Commission to act as a restraint upon the legislative power of amendment has been deprived of its effectiveness. It can be queried whether the amendment are contrary to the recommendations of the Reid Commission, which stated:‘Amendments should be made by Act of Parliament provided that an Act to amend the Constitution must be passed in each House by a majority of at least two-thirds of the members voting. In this matter the House of Representatives should not have power to overrule the Senate. We think that this is a sufficient safeguard for the States because majority of members of the state will represent the States.’
The term of office of a Senator is 6 years & is x to be affected by a dissolution of P. As the appointed Senators are now in majority, the Senate can delay & even ‘obstruct ‘ the legislative programmes of the diff party in power .In these circumstances, it would be extremely diff for the State Sentors to ‘block’ any amendment. The Upper house has been frequently critized & been looked upon as a ‘rubber