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Formation of Malaysia free essay sample

Malaysia is a country that practices parliamentary democracy. This means that the public will have the right to vote their leaders through elections. In the core formation of the Malaysian government, the country is led by Yang Di-pertuan Agong and then followed by the sultans of other states. The election of Yang Di-Pertuan Agong The Yang Di-Pertuan Agong is appointed once in every five years from a pool of nine Sultans who head the nine states in Malaysia. The appointment is systematic and each of the nine Sultans has the opportunity to ascend the throne of the Yang Di-Pertuan Agong based on his turn in the cycle. In the event of any of the circumstances below, a sultan will not automatically be elected as the Yang Dipertuan Agong even thought it may be his turn in the cycle: (i) If he is a minor (ii) If he has expressed his desire not to ascend the throne (iii) If he is ailing in mind and body and has been found to be unfit in any way to lead the country as the Yang Di-Pertuan Agong When the office is not occupied, the Conference of Rulers meets to elect a Sultan to fill the vacancy. We will write a custom essay sample on Formation of Malaysia or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The first ruler who obtains not less than 5 votes from the members in the Conference is then elected and shall hold office for a term of five years. The Role and Privileges of the Yang Di-Pertuan Agong As mentioned earlier, the Yang Di-Pertuan Agong is the supreme head of state in Malaysia and he acts on the advice of the Parliament and the Prime Minister, who heads the Cabinet. However; the appointment of the prime minister; the requisition of a meeting for the conference of rulers concerning the privileges and status of sultan and also the dissolution of Parliament (even against the advice of the prime minister) are all on his own discretion. In matters pertaining to Parliament, the Yang Di-Pertuan Agong is given the right to appoint senators on the advice of the Prime Minister. All acts that have been passed by the two main houses of Parliament have to be scrutinized by him before being made into laws. As the head of the Judicial Authority, the Yang Di-Pertuan Agong has the legal right to appoint the Chief Justice, Federal and High Court judges based on the guidelines stipulated in the Federal Constitution and acting on the advice of the Prime Minister. He is also given the privilege of pardoning wrongdoers and civil offences committed in the Federal Territories of Malaysia, and override sentences passed out by the Military Court. He is the highest commander of armed forces in the country. In states that do not have a Sultan as their head, the Yang Di-Pertuan Agong is the head of religion and thus, has the power to pardon offences and override sentences passed out by the Syariah Courts in these states. The Yang Di-Pertuan Agong also has the highest honor and is given the privilege of conferring awards, orders of chivalry and other honors. The Conference of Rulers The Conferences of Rulers was established in 1948 by the Constitution of the Federation of Malaya. It consists of nine sultans and four governors or the Yang Di-Pertua Negeri. Its main function is to appoint the Yang Di-Pertuan Agong and his Deputy. However, this task is left exclusively to the nine sultans. The Conference of Rulers has to be consulted on matters pertaining to the alteration of state boundaries, extension of the Federation, religious matters pertaining to Islam and any Bill in the Constitution which has to be amended. Matters that affect public policy or the special privileges accorded to the sultans require consultation with the Conference of Rulers. All meetings of the Conference of Rulers have to be attended by the Prime Minister, Menteri Besar of all states and Chief Ministers or Ketua Menteri with the exception of the meeting to appoint the Yang-Di-Pertuan Agong and his Deputy. Executive Authority Executive Authority refers to the power to govern the country. The Yang Di-Pertuan Agong is the head of the Executive Authority. However, he acts on the advice of the Prime Minister who heads the Cabinet. Hence, the Prime Minister is the Chief Executive and the head of the Government. The Prime Minister, Cabinet and the government administrative machinery are given the task of carrying out executive functions. The Functions of the Cabinet The Yang Di-Pertuan Agong appoints a council of Ministers to form the Cabinet to advice him on the execution of his functions as the head of the Executive Authority. They are appointed based on the advice of the Prime Minister. The Cabinet comprises the Prime Minister and a number of Ministers, all of whom must be members of either the Senate or House of Representatives. Chaired by the Prime Minister, the Cabinet, being the highest policy-making body in the country, meets regularly to formulate the policy of the government. Each Minister holds a different portfolio and is responsible collectively to Parliament for every decision made by the Cabinet. The Prime Minister and Ministers of the Cabinet The Prime Minister is the head of the Government in Malaysia and is appointed by the Yang Di-Pertuan Agong from the political party that has the majority seats in the House of Representatives. The Prime Minister has to fulfill certain criteria to fill in the position and these includes being born in Malaysia and is a citizen of the country. As the head of the cabinet, the Prime Minster is primus interpares, or in English terms, the first among equals. As the executive head of the Government, the Prime Minister answers to the Yang Di-Pertuan Agong on all matters pertaining to the Government. The main tasks of the Prime Minister are to preside over the Cabinet, coordinate policies and efforts of each portfolio in the government to aid in the smooth administration of the country. In addition, he has other constitutional and statutory obligations, including advising the Yang Di-Pertuan Agong on the appointment of judges, ministers in the Cabinet, the service Elections Commission and various senior positions in the Civil Service. Unlike the position of the Prime Minister, the Deputy Prime Minister’s position has not been established by the Federal Constitution. He is, however, the most important person after the Prime Minister who will carry out the administration process of the country whenever the Prime Minister is not present or unable to carry out his duties. GENERAL ELECTION An important aspect of the democratic system is elections. Elections in the practice of democracy constitute a social contract between the people and the candidate or party (that succeeds to form a government). When the majority of the people choose a party from among the contesting parties in an election (and the party then forms the government) it means the voters have certain expectations that the candidate will carry out. The party that wins the election and forms the government should fulfil the party’s promises and manifesto proclaimed in the election campaign. At the state level, elected representatives of the people sit in the State Legislative Assembly of each state. At the federal or national level, elected Members of Parliament sit in the Dewan Rakyat or House of Representatives. There are two types of general election. First, the general election for the whole country, held once in 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 Parliament and the State Legislative Assembly. There are clear differences between the two types of election. The first type 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. The general election is usually held every 5 years. Prior to carrying out the election, the Yang di-Pertuan Agung must dissolve the Parliament on the advice or at the request of the Prime Minister. This occurs at the federal level. At the State level, a general election is held after the State Legislative Assembly is dissolved by the Ruler or Yang Dipertua Negeri at the request of the Menteri Besar or Chief Minister. As soon as Parliament is dissolved, 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, 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. For a general election, after the Yang di-Pertuan Agung dissolves Parliament at the request of the Prime Minister, the Election Commission will issue an order to the Managing Officer to organize the balloting process (election). The responsibility of the Managing Officer is to issue a statement, through the Government Gazette or newspaper, on the date of nomination of candidate for the said election, the place and the time of election for every electoral constituency. The Election Commission also determines the date and place of balloting. Any candidate who wishes to contest must obtain a nominator, a secondary and at least four other people, whose names are recorded in the nomination paper. They must also be registered voters in the voters’ register of the constituency where the candidate is contesting. The balloting day can be held after 3 weeks from the date of nomination but cannot exceed 8 weeks. On the balloting day, all voters who qualify to vote can carry out their responsibility by casting their votes in balloting places provided. Before the balloting day arrives, the contesting parties are allowed to carry out election campaigns through political talks. The freedom of speech and assembly during the campaigns also show that the basic freedom as embodied in Article 10 of the Federal Constitution are protected in the country which ractices a democratic system of government. However, to ensure public security all political talks whether by the party that had held the reins of the government or the opposition, it is necessary to get police approval or permit. For a general election, every voter is given two sheets of ballot papers of different colours; one for the State Legislative Assembly constituency and the other for the Parliamentary constituency. On each ballot paper are s ymbols representing the contesting candidates and the space for the voter to make his choice. The responsibility of voting is completed with the voter marking ‘X’ in the space provided against the symbol representing the candidate of the voter’s choice. The ballot papers are put into separate ballot boxes for the Parliamentary constituency and the State Legislative Constituency. Election Commission Article 113 of the Federal Constitution provides that the body that is responsible for managing and administering the elections is the Election Commission. The responsibility of the Commission can be divided into three main areas: 1. Draw up the borders of the electoral constituencies . Prepare and check the voters’ lists for the elections; and 3. Manage the election process for the Parliamentary and State Legislative Assembly constituencies It is to be understood that the first responsibility is important because it is related to the increase in population and the development of settlements or the growth of small towns in a constituency. The members of t he Election Commission are appointed by the Yang di-Pertuan Agong after consultation with the Council of Rulers. The membership of the Commission is provided under Article 114 of the Federal Constitution. Its membership consists of a chairperson, a deputy and 3 other members. Members of the Commission shall hold office until they reach the age of 65 but they may resign any time by writing to the Yang di-Pertuan Agong. The Yang di-Pertuan Agong is empowered to remove any member who: †¢is an undischarged bankrupt, or †¢engages in any paid office or employment outside the duties of his office or †¢is a member of either House of Parliament or of the Legislative Assembly of a state. The Federal Constitution also provides for the appointment of one member to represent Sabah and Sarawak. This member is to be appointed in rotation from the two states. Members of the Commission may also be removed from offices for the following reasons: †¢behaviour unbecoming of this office †¢unable to discharge his duties due to: -state of his health, or -mental condition State Legislative Assembly and Parliamentary Members In a public general election the voters will choose two candidates who are deemed qualified to represent them in the Houses, that is, the State Legislative Council and the House of Representatives. The candidate, who contests in a State Legislative Council district, is known as the candidate for the State Legislative Assembly seat while for the House of Representatives, as the candidate for Parliamentary or House of Representatives seat. Those who win the elections will be designated State Legislative Assembly members or People’s Representatives depending on the level of the electoral district won. A member of the State Legislative Assemblies 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 (House of Representatives and the Senate) or represent more than one electoral district. The total membership of the State Legislative Assembly varies from state to state and this has to do with the issue of alignment of divisions or electoral constituencies determined and identified by the Election Commission authorities. The same goes for the membership of the House of Representatives. Breakdown by State of House Representative’ Membership StateMembership Perlis3 Kedah15 Kelantan 14 Terengganu8 P. Pinang13 Perak24 Pahang14 Selangor22 F. T. Kuala Lumpur11 F. T. Putrajaya1 Negeri Sembilan8 Melaka6 Johor26 F. T. Labuan1 Sabah25 Sarawak28 Total 219 The Senate Article 45 of the Federal Constitution provides that the members of the Senate also known as senators are selected and appointed. †¢2 members for each State shall be elected in accordance with the Seventh Schedule of the Federal Constitution (26 members) †¢2 members for the Federal Territory of Kuala Lumpur and 1 member for the Federal Territory of Labuan and 1 member for the Federal Territory of Putrajaya shall be appointed by the Yang di – Pertuan Agong; and †¢40 members shall be appointed by the Yang di – Pertuan Agong Senators, who are appointed, consist of those who have rendered excellent service in the commerce, business, industry, agriculture, art or social welfare. Senators can also be appointed from those who represent minority groups or people who can represent the interests of the native tribes. The appointment of a Senator from this group is considered important in the legislative context. The vast experiences in their respective fields can help the legislative body to refine related aspects and this definitely helps the executive body in the country’s administrative matters, based on the rules in the form of acts passed by the House of Representatives. This wide experience is reinforced with the condition that a person can be appointed as a Senator from the age of 30 and above. The duration in office of a Senator is different from that of a representative of the people. The length of time in office of a member of the House of Representatives is limited by dissolution of Parliament but not a Senator. A Senator can hold his post for 3 years, even during the period Parliament is dissolved. However the post cannot be held for more than two terms that is, not exceeding 6 years whether continuously or intermittently. Malaysian election exists at two levels which are 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. The head of the executive branch, the Prime Minister, is indirectly elected. National level At the national level, voters elect the 222-member House of Representatives Dewan Rakyat, literally Hall of the People) of the bicameral Parliament. Members are elected from single-member constituencies drawn based on population using the first past the post system. The party that has the majority of the House of Representatives will form the federal government. The Constitution of Malaysia requires that a general election must be held at least once every five years. However, the Prime Minister can ask the Yang di-Pertuan Agong to dissolve the Parliament at any time before this five year period has expired. A general election should be held no later than three months after the dissolution of the Parliament. Over the years, the predominant winner of the parliamentary election has always been the Barisan Nasional (National Front; once known as the Alliance), a coalition of fourteen parties. State level At the state level, voters elect representatives to the Dewan Undangan Negeri (State Legislative Assembly). The number of representatives varies between the different states, with as many as 62 electorates in Sarawak and as little as 15 in Perlis. Members are elected from single-member constituencies drawn based on population using the first-past-the-post system. State assembly constituencies are usually smaller (in area and population) than the parliamentary constituencies. The party that forms the majority of the state assembly will form the state government. Usually, state elections are held simultaneously with the parliamentary election but each state can decide when to hold its election. This is because state assemblies are dissolved by their respective Ruler or governor on the advice f the chief minister of the state. For example, in the 1999 general election, the state elections of the 11 states on Peninsular Malaysia were held simultaneously with the parliamentary election while the state elections of Sabah and Sarawak were held at different dates. In the 2004 general election, the state election of Sabah were held simultaneously with the parliamentary election as well, but Sarawak held its state election in 2006. The Barisan Nasional usually controls the state assemblies in every election, with the notable exception of the state of Kelantan. Kelantan has been a stronghold of the Islamic Party of Malaysia (PAS) since 1959. However, Barisan Nasional lost an additional four states (Penang, Kedah, Perak and Selangor) to the loose coalition of opposition parties comprising of PAS, Democratic Action Party (DAP) and Peoples Justice Party (PKR) in the 2008 elections, which has been termed by the Opposition as the political tsunami of Malaysia. Local government elections Although there used to be elections for members of local governments such as municipal councils, today, no local government elections are held in Malaysia. Local government elections were suspended after the Indonesia-Malaysia confrontation in 1964. The suspension was never lifted and instead made permanent under the Local Government Act 1976. Under the Act, or the laws of individual states where relevant, local government members are appointed by the state government. [2] After Minister and Peoples Progressive Party President M. Kayveas raised concerns about local governments in late 2005, some suggested reviving local government elections. However, in an opinion column, the New Straits Times (owned by the United Malays National Organisation or UMNO, leading party of the Barisan Nasional) quoted a professor from Universiti Kebangsaan Malaysia as saying that such elections would not be brought back because policymakers know from experience worldwide that the Opposition tends to dominate such councils as part of the electorates desire for checks-and-balances. The professor also stated that due to required constitutional changes, it would be difficult for such amendments to pass muster in Parliament. The column also quoted a government ministry as saying that holding elections are expensive affairs. As of 2008, the Pakatan Rakyat states governments would like to implement the local government election in their states. However, these were not carried out due to the Federal Constitution which prohibit the implementation. By-elections In addition to general elections, a by-election is held in the respective constituency when a member of Parliament or state assembly dies, resigns or is disqualified from holding a seat. The exception is if the vacancy occurs when the tenure for the current Parliament or state assembly is less than two years, where the seat is simply left vacant until the next general election. Election process Elections are supervised by a seven-member politically neutral Election Commission. Its members are appointed by the Yang di-Pertuan Agong following the advice of the Prime Minister. Nomination process Nomination centres are set up in various locations by the Election Commission to allow candidates to register themselves. Typically any Malaysian citizen may register as a candidate as long as he is not disqualified from doing so. He or she does so by filing the appropriate forms and placing a monetary deposit. The deposit was RM5000 to contest a parliamentary seat, or RM3000 to contest a state assembly seat. This amount was changed to RM 10,000 and RM 5,000 respectively in 2004. Additionally in 2004 it was required that each candidate provide a RM 5,000 deposit for cleaning up banners and posters after the election. This increase is seen by some as having led to the government winning a record number of seats without contest in 2004 (17 parliamentary seats were won without contest). The deposit is used to pay for infringements of election laws and is returned after polling day unless the candidate loses and fails to garner more than 1/8th of the vote. As of the 2004 elections, candidates may have a lawyer present at these proceedings. Some candidates have been disqualified from previous elections as they lacked the competence to fill in the forms correctly. In 2004 candidates were given 1 hour to fill out and return their nomination forms as opposed to 2 hours previously. This led to disqualification of certain candidates who were unaware of the change. Campaigning The campaign period permitted by law runs from the date of nomination day until polling day. Campaigning amongst opposition parties is often hampered by a lack of access to government-controlled media. Prior to the 1999 general election, opposition parties were given a brief period of airtime on the public Radio Television Malaysia (RTM) radio stations to broadcast their manifestoes. However, the government announced a change of policy in 1999, insisting that as RTM was government-owned, preference would be given to government parties. Election day On election day, registered voters may cast their ballot for their chosen candidate in a designated voting centre. These voting centres are typically schools or community centres which have been procured for that day. All activities in the school are suspended for that day. Holidays are also declared in states where Election Day does not fall on a weekend to allow maximum turnout. Certain political parties will provide transport for voters to and from the voting centre. While campaigning is not allowed on election day, transportation is seen as something of a social service, especially since many people did not have a personal means of conveyance until the last decade or two, as of 2004. No campaigning or advocacy for candidates is allowed within a voting centre. However, just outside the gate of most voting centers, there will be people plugging the various candidates. Agents Each candidate is allowed one agent per voting centre. Their job starts early and begins by inspecting that the metal ballot boxes have not been tampered. They also ensure that the boxes are securely locked before voting begins. After locking, the boxes are sealed by the election commission and each agent may place their own seal on the box. The agents also ensure that the ballot papers given out to voters do not contain markings. In the past certain parties have marked the ballot papers for their own candidates. This will result in a spoilt vote which is discarded during counting. Some ballot papers have been coated with waxy surfaces to prevent voting for certain candidates. The agents ensure that these events do not occur. The last task of the agent is to ensure that, on the close of voting, the ballot boxes are still secure and the seals are intact. This may be done at a designated counting centre instead of the voting centre. The boxes are opened once the agents are certain that there is no tampering. Voting process Only registered voters may vote in elections. Any Malaysian citizens above 21 years old must register in the voters registry with the Election Commission via any offices affiliated with the Election Commission, post offices with computerised facilities or specified counters, before he or she could vote in elections. After identity verification at a voting centre, each voter receives two paper ballots, one for the parliamentary seat of the constituency and another for the state assembly seat. In federal territories, where there is no state assembly, and states whose state election is held on a different date, each voter receives only one ballot for the parliamentary seat. Each voter walks into individual booth to mark the ballots in secret. The voter marks on each ballot the candidate of his or her choice with a cross beside the candidates name and party symbol. After finish marking, the voter folds the ballots and drops them into separate ballot boxes for parliamentary and state assembly seats. Counting and announcement of election results After the close of voting the election agents check the ballot boxes prior to opening and counting. They also monitor the counting to ensure that the total ballots are the same as the number of votes cast. This extends to checking the number of double votes. Every ballot paper has a serial number on it and they are given out sequentially. Agents may check that the serial numbers match up. The counting of the ballots is done by hand. After a count at the voting centre the boxes are transported to the counting centre for a second count. If all candidates agree to the count then it stands or else an immediate re-count is done at the counting centre. Election results are announced through live broadcasts by radio and television stations. Some newspapers print special editions to cover the election results. In most constituencies, the results will be out on the night of the election day. In some rural constituencies and constituencies that need recounts, the results may not be announced until the next day. Election offences There are a few offences under election law. Most of these pertain to acts which induce a voter to cast his ballot for a candidate. It is also an offence to use these actions to induce voters not to cast ballots at all. These offences extend to using third parties as agents to commit them. †¢It is an offence to provide food, drinks or refreshments with a view to induce voters to either vote for a particular candidate or not vote at all. It is illegal to provide monetary rewards for voting for a certain candidate. †¢It is an offence to threaten a person to vote for a candidate or not to vote. In 2004 this was extended to include spiritual threats. This was due to the Islamic Party of Malaysia(PAS) threatening citizens in less developed parts of the country with eternal damnation if they did not vote for the PAS and that a vote for them wo uld be rewarded by God. †¢It is an offence to obstruct passage to and from a voting centre. Setting up a location for any candidate within 50 yards (50 m) of the voting centre is an offence. Similarly, loitering in this zone is also an offence. Only voters are allowed in this zone on voting day. †¢It is technically an offence to provide transportation to a voting centre. However, this is not normally enforced as all parties do this to some degree. It is a further offence to use a vehicle that is normally rented out (such as a taxi or hired bus) to provide such transportation. The only exception to this is that it is allowed to provide for the crossing of rivers. No passengers of any vehicle can be forced to alight within 50 yards (46 m) of a candidates booth on voting day. Each candidate is not allowed to spend more than RM 200,000 (parliamentary) or RM 100,000 (state) for campaigning under Section 19 of the Elections Offences Act, 1954. It has been alleged, however, that the governing Barisan Nasional coalition spent around RM1. 5 billion in the 2004 general election, far more than the RM94,300,000 permitted under the regulations. Controversy Phantom voters   dead voters who participate in elections — were a feature of the 1999 and 2004 general elections criticized by the opposition. In 2006, the Election Commission announced that in an effort to reduce instances of phantom voting, 180,000 dead voters would be purged from the electoral roll. The Election Commissions independence has been criticized; its chairman has stated that although de jure the Commission is independent, the law is inadequate to put us on par with most developed countries, and some developing ones] Allegations of vote-buying are also common; one media outlet has editorialized that Buying political support, especially by paying voters money, is common in Malaysia, and bribing lawmakers to defect, while not widespread, is known to occur. Postal votes — military personnel are allowed postal voting whereby they do not need to be at any secure polling station in person. Arguments arise as to whether they were forced to vote and to how their identities cannot be kept a secret using the postal voting process. Of great concern is also how the postal votes may be distributed to constituents that need them the most. The impartial rules and process of this system, if any, are not comprehensive and cannot be guaranteed. Conclusion Malaysia comprises a constitutional monarchy while practicing parliamentary democracy. Constitutional monarchy means that the monarchy system adheres to the constitution. In Malaysia, the monarchy comprises the Yang Di-Pertuan Agong and the Conference of Rulers. As we practice parliamentary democracy, we see the Parliament as a very important body in this country. The parliament has the power to formulate laws and control the finances of the Government. Every Malaysian citizen above 21 years, has the right and the opportunity to choose their leaders once in every five years during the General Election. The party that has the majority of support from the citizens will form the government. In the parliament, the House of Representatives has greater power than the Senate, since all the members in the House of Representatives are elected by the citizens of Malaysia. This higher authority can be seen even in the process of formulating laws. As a country that retains its monarchy, we have the Yang Di-Pertuan Agong as the Supreme head of Malaysia, and as a country, which practices democracy, the citizens have the power to decide on the government that will lead the country. Hence, although the Yang Di-Pertuan Agong is the Supreme head of the country, he still needs to act on the advice of the Parliament and the Cabinet.