Dewan Negara

2022-09-27T16:42:17Z

2001:D08:E1:9C82:6587:148D:549C:C99E:

{{short description|Upper house of the Parliament of Malaysia}}
{{EngvarB}}
{{Use dmy dates}}
{{Infobox legislature
| background_color = #B22222
| name = Senate
| native_name = Dewan Negara
| native_name_lang = ms
| legislature = [[Members of the Dewan Negara, 15th Malaysian Parliament|15th Parliament]]
| coa_pic = Dewan Negara Parlimen Malaysia.svg
| coa_res = 150px
| house_type = [[Upper house]] of the [[Parliament of Malaysia]]
| body =
| foundation = 11 September 1959
| leader1_type = [[President of the Dewan Negara|President]]
| leader1 = [[Wan Junaidi Tuanku Jaafar]], [[Gabungan Parti Sarawak|GPS]]-[[Parti Pesaka Bumiputera Bersatu|PBB]]
| party1 =
| election1 = 19 June 2023
| leader2_type = Deputy President
| leader2 = [[Nur Jazlan Mohamed]], [[Barisan Nasional|BN]]-[[United Malays National Organisation|UMNO]]
| party2 =
| election2 = 19 June 2023
| leader3_type = Secretary
| leader3 = Muhd Sujairi Abdullah
| election3 = 22 February 2020
| members = 70
| structure1 = Dewan Negara 15th Parliament.svg
| structure1_res = 250px
| political_groups1 = '''[[Government of Malaysia|Government]] (48)'''<br/>
{{legend|{{party color|Barisan Nasional}}|[[Barisan Nasional|BN]] (21)}}
* {{colorbox|{{party color|United Malays National Organisation}}}} [[United Malay National Organisation|UMNO]] (16)
* {{colorbox|{{party color|Malaysian Chinese Association}}}} [[Malaysian Chinese Association|MCA]] (3)
* {{colorbox|{{party color|Malaysian Indian Congress}}}} [[Malaysian Indian Congress|MIC]] (2)

{{legend|{{party color|Pakatan Harapan}}|[[Pakatan Harapan|PH]] (15)}}
* {{colorbox|{{party color|People's Justice Party (Malaysia)}}}} [[People's Justice Party (Malaysia)|PKR]] (8)
* {{colorbox|{{party color|Democratic Action Party}}}} [[Democratic Action Party (Malaysia)|DAP]] (4)
* {{colorbox|{{party color|National Trust Party (Malaysia)}}}} [[National Trust Party (Malaysia)|AMANAH]] (3)

{{legend|{{party color|Gabungan Parti Sarawak}}|[[Gabungan Parti Sarawak|GPS]] (4)}}
* {{colorbox|{{party color|Parti Pesaka Bumiputera Bersatu}}}} [[Parti Pesaka Bumiputera Bersatu|PBB]] (3)
* {{colorbox|{{party color|Progressive Democratic Party (Malaysia)}}}} [[Progressive Democratic Party (Malaysia)|PDP]] (1)

{{legend|{{party color|Gabungan Rakyat Sabah}}|[[Gabungan Rakyat Sabah|GRS]] (2)}}
*{{Color box|Red}} [[Parti Gagasan Rakyat Sabah|GAGASAN]] (2)

{{legend|{{party color|Love Sabah Party}}|[[Love Sabah Party|PCS]] (1)}}

{{legend|{{party color|Independent politician}}|[[Independent (politician)|Independent]] (4)}}

'''[[Opposition (Malaysia)|Opposition]] (12)'''<br/>
{{legend|{{party color|Perikatan Nasional}}|[[Perikatan Nasional|PN]] (12)}}
* {{colorbox|{{party color|Malaysian Islamic Party}}}} [[Malaysian Islamic Party|PAS]] (6)
* {{colorbox|#F18A8F}} [[Malaysian United Indigenous Party|BERSATU]] (4)
* {{colorbox|{{party color|Parti Gerakan Rakyat Malaysia}}}} [[Parti Gerakan Rakyat Malaysia|GERAKAN]] (2)

'''Vacant (10)'''

|term_length = Up to 3 years, renewable once
| committees1 = {{Collapsible list |title = 4 |Selection Committee|House Committee|Committee on Rights and Freedoms|Meeting Rules Committee}}
| session_room = Dewan Negara, Parliament of Malaysia.jpg
| session_res = 270px
| meeting_place = Dewan Negara Chamber<br />[[Malaysian Houses of Parliament]],<br />[[Kuala Lumpur]], [[Malaysia]]
| website = {{Official website|http://www.parlimen.gov.my}}
}}
{{Politics of Malaysia}}

The '''Dewan Negara''' ([[English language|English]]: Senate; [[Literal translation|lit.]] "State Council") is the [[upper house]] of the [[Parliament of Malaysia]], consisting of 70 senators of whom 26 are elected by the [[State legislative assemblies of Malaysia|state legislative assemblies]], with two senators for each state, while the other 44 are appointed by the [[Yang di-Pertuan Agong]] (King), including four who are appointed to represent the [[Federal Territories (Malaysia)|federal territories]].

The ''Dewan Negara'' usually reviews legislation that has been passed by the lower house, the ''[[Dewan Rakyat]]''. All bills must usually be passed by both the ''Dewan Rakyat'' and the ''Dewan Negara'' (the Senate), before they are sent to the [[Yang di-Pertuan Agong|Agong]] for [[royal assent]]. However, if the ''Dewan Negara'' rejects a bill, it can only delay the bill's passage by a maximum of a year before it is sent to the King, a restriction similar to that placed on the [[House of Lords]] in the United Kingdom. Like the ''Dewan Rakyat'', the ''Dewan Negara'' meets at the [[Malaysian Houses of Parliament]] in [[Kuala Lumpur]].

Originally, the Dewan Negara was meant to act as a check on the [[Dewan Rakyat]] and represent the interests of the various states, based on the role played by its [[United States Senate|counterpart]] in the [[United States]]. However, the original constitution, which provided for a majority of state-elected senators, has since been modified to make the vast majority of senators instead appointed by the Agong, thus theoretically providing an avenue for sombre, relatively non-partisan reconsideration of bills, more similar to the role of the British [[House of Lords]].

==Membership==
Members of the Dewan Negara are referred to as "Senators" in English or "''Ahli Dewan Negara''" (literally "member of the Dewan Negara") in [[Malay language|Malay]] and are accorded the honorific style of ''Yang Berhormat Senator''. The term of office is 3 years and senators may only be re-appointed once, consecutively or non-consecutively.

Each of the 13 state legislative assemblies chooses two senators. The King appoints two senators for the Federal Territory of [[Kuala Lumpur]], and one respectively for the Federal Territories of [[Labuan]] and [[Putrajaya]] on the advice of the [[Prime Minister of Malaysia|Prime Minister]].

Another 40 senators, regardless of their states, are appointed by the King, also on the Prime Minister's advice.<ref name="ms_33">Shuid, Mahdi & Yunus, Mohd. Fauzi (2001). ''Malaysian Studies'', p. 33. Longman. {{ISBN|983-74-2024-3}}.</ref> Federally appointed senators 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 Asli]])".<ref name="handbook_217">Henderson, John William, Vreeland, Nena, Dana, Glenn B., Hurwitz, Geoffrey B., Just, Peter, Moeller, Philip W. & Shinn, R.S. (1977). ''Area Handbook for Malaysia'', p. 217. American University, Washington D.C., Foreign Area Studies. [[LCCN]] 771294.</ref>

The intent of the original [[Constitution of Malaysia]], 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 Court]] Tun [[Mohamed Suffian Mohamed Hashim]], acted "contrary to the spirit of the original constitution which established the Dewan Negara specially as a body to protect in the federal Parliament, state interests against federal encroachments".<ref>Wu, Min Aun & Hickling, R. H. (2003). ''Hickling's Malaysian Public Law'', pp. 26–27. Petaling Jaya: Pearson Malaysia. {{ISBN|983-74-2518-0}}.</ref>

To qualify, a candidate must be a [[Malaysian citizen]] at least 30 years of age, 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 [[Malaysian ringgit|RM]]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 party. 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 Constitution of Malaysia|Article 45]] of the [[Constitution of Malaysia|Constitution]].<ref name="ms_33"/> The Constitution provides for [[direct election]] 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 2010, the Senators remain indirectly elected.<ref>Rachagan, S. Sothi (1993). ''Law and the Electoral Process in Malaysia'', p. 8. Kuala Lumpur: University of Malaya Press. {{ISBN|967-9940-45-4}}.</ref>

Senators can be appointed to ministerial posts in the [[Cabinet of Malaysia|Cabinet]] by the Yang di-Pertuan Agong on the advice of the Prime Minister. However, the Dewan Negara never supplies the Prime Minister, as the Prime Minister must be a member of the Dewan Rakyat.

The Dewan Negara is not affected by the [[elections in Malaysia|elections]] for the [[Dewan Rakyat]], and senators continue to hold office despite the Dewan Rakyat's dissolution for an election.<ref name="handbook_217"/>

The Dewan Negara elects a President to preside over sittings of the Dewan Negara, ensure observance of the rules of the house, and interpret the Standing Orders of the house should they be disputed.<ref>[http://www.parlimen.gov.my/eng-dN-diPertua.htm] {{webarchive|url=https://web.archive.org/web/20060214234827/http://www.parlimen.gov.my/eng-dN-diPertua.htm}}</ref> Should the President be absent, his deputy, the Vice President, takes his place.<ref>[http://www.parlimen.gov.my/eng-dN-Timb.htm] {{webarchive|url=https://web.archive.org/web/20060214234522/http://www.parlimen.gov.my/eng-dN-Timb.htm}}</ref>

==Powers and procedure==
{{main list|List of Acts of Parliament in Malaysia}}
The Dewan Negara may initiate legislation, except for financial and fiscal matters – a regulation directly from the [[Westminster system]]. 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.<ref>Shuid & Yunus, p. 34.</ref>

Although members of Parliament typically have legal immunity when it comes to freedom of discussion, a [[gag rule]] forbids discussion about certain articles of the Constitution such as the status of [[Bahasa Malaysia]] as the national language and [[Bumiputra]] privileges in [[Article 153 of the Constitution of Malaysia|Article 153]].<ref>Means, Gordon P. (1991). ''Malaysian Politics: The Second Generation'', pp. 14, 15. Oxford University Press. {{ISBN|0-19-588988-6}}.</ref>

==Current composition==
{{main article|Members of the Dewan Negara, 15th Malaysian Parliament}}
{{see also|List of members of the Dewan Negara}}
As of June 2023, the Dewan Negara has 63 senators, most of them are appointed by the Yang di-Pertuan Agong.<ref>{{Cite web|title=Portal Rasmi Parlimen Malaysia - Statistik Ahli Dewan Negara|url=https://www.parlimen.gov.my/statistik-dn.html?uweb=dn&|access-date=2021-10-13|website=www.parlimen.gov.my}}</ref>

==References==
{{reflist|30em}}

{{Malaysian Senators}}
{{Parliament of Malaysia}}
{{Legislatures of Malaysia}}
{{Malaysia topics}}
{{National upper houses}}

[[Category:Parliament of Malaysia]]
[[Category:National upper houses]]

IndianPedia - User contributions [en]

Dewan Negara