The Election Commission of Malaysia (Malay: Suruhanjaya Pilihan Raya Malaysia), abbreviated SPR or EC, is a commission set up for ensuring fair and equitable operations in undertaking the elections in Malaysia. Its establishment is mandated by executive order of the former Prime Minister Mahathir Mohamad[attribution needed]. The agency falls under the purview of the Prime Minister's Department.[1]
The Election Commission (EC) was formed on 4 September 1957, under Article 114 of the Constitution of Malaysia, which empowers it to conduct elections for the Dewan Rakyat and state legislative bodies.
At its establishment, the EC only consisted of a chairman and two members – Datuk Dr Mustafa Albakri Hassan together with Lee Ewe Boon and Ditt Singh.
A secretariat was also set up to fulfil the commission's functions and carry out its decisions, with a secretary made the chief administrator. The first EC secretary was H. Cassidy.
After the formation of Malaysia in 1963 and the inclusion of Sabah and Sarawak, another member was added to represent the two states on a rotation basis. Datuk Abang Marzuki Nor from Sarawak was the first such member appointed.
An amendment to Article 114 made in 1981 provided for the new post of a deputy chairman, and Abdul Rahman Abdul Hassan was the first to hold this position.
Under Article 114, the commission is empowered to "conduct elections to the House of Representatives (Dewan Rakyat, the lower house of Parliament) and the Legislative Assemblies of the States". Under the Constitution of the independent Federation of Malaya, the Commission comprised one chairman and two members, but after Malaya merged with North Borneo, Sarawak and Singapore to form Malaysia, the commission's membership was expanded by constitutional amendment to provide for an additional member from Sabah or Sarawak. A 1981 amendment to the Constitution added another member and created the post of deputy chairman.[2]
The commission has the power to delimit constituencies, revise the electoral roll of registered voters, and regulate the manner in which elections are conducted. Although the Constitution does not refer to the commission as being a body independent from influence by the government or otherwise, constitutional scholars have generally considered the Constitution as intending to protect the independence of the commission.[citation needed] Among other things, commissioners are protected by tenure, and may only be removed through the same procedure as a judge of the Supreme Court. The terms of remuneration of a commissioner cannot be altered to his disadvantage after he has been appointed.[2]
Members of the commission are appointed by the Yang di-Pertuan Agong (King), who must consult with the Conference of Rulers and appoint a Commission which has the confidence of the public. Although the Constitution does not expressly require consultation with the Prime Minister in this regard, it has been argued that under Article 40 of the Constitution, the King cannot act on his own discretion unless explicitly stated; in all other cases, he must acquiesce to the advice of the Prime Minister, and as such the appointments to the commission are made with the advice of the Prime Minister. Members of the Commission retire at the age of 65.[3]
Functions
Apart from regulating elections, the EC's duties include reviewing the boundaries of parliamentary and state constituencies, holding by-elections and carrying out registration exercises.
It also collects information on newly developed areas to ensure a fair representation of voters in each constituency, promotes awareness on how important it is to vote and revises the electoral roll by deleting the names of those who are dead or have been disqualified.
On polling day, EC members and officers will be stationed at polling centre nationwide to oversee the process.
The EC has been accused of being half-hearted in electoral reforms and in 2012, the chairperson and the deputy chairperson was accused to be members of the ruling party. Both individuals admitted to may have been members at some point, but the deputy chairperson later retracted the admission and denounced it as an attempt to besmirch the EC.[4]
During the 14th Malaysia General Election on 9 May 2018, EC was accused of allowing gross gerrymandering and malapportionment practices by the incumbent government. It was also reprimanded as the ballot counting process was the longest in Malaysia's history, with the results still being streamed in after 4 a.m. the following day (10 May 2018, GMT +8:00). EC has also been accused of making the election day on a weekday rather a weekend. It currently denies that it tried to stop overseas Malaysians to vote.
The Yang di-Pertuan Agong, also known as the Supreme Head of the Federation, the Paramount Ruler or simply the Agong, and unofficially known as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The office was established in 1957, when the Federation of Malaya gained independence from the United Kingdom. The Yang di-Pertuan Agong is elected by the Conference of Rulers, comprising the nine rulers of the Malay states, with the office de facto rotated between them, making Malaysia one of the world's few elective monarchies.
The Prime Minister of Malaysia is the head of government of Malaysia. The prime minister directs the executive branch of the federal government. The Yang di-Pertuan Agong appoints the prime minister as a member of Parliament (MP) who, in his opinion, is most likely to command the confidence of a majority of MPs. This person is usually the leader of the party winning the most seats in a general election.
The 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. The Yang di-Pertuan Agong (King), as the head of state, is the third component of Parliament.
The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court.
Elections in Malaysia include elections to public office of the political entities that since 1963 have composed the federation of Malaysia. At present, elections in Malaysia exist at two levels: federal level and state level. Federal 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 heads of executive branch at both the federal and state levels, the Prime Minister and Menteri Besar/Chief Ministers respectively, are usually indirectly elected, filled by a member of the majority party/coalition in the respective legislatures.
The Dewan Negara is the upper house of the Parliament of Malaysia, consisting of 70 senators of whom 26 are elected by the 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.
The Cabinet of Malaysia is the executive branch of the Government of Malaysia. Led by the Prime Minister, the cabinet is a council of ministers who are accountable collectively to the Parliament. According to the Article 43 of the Federal Constitution, members of the Cabinet can only be selected from members of either houses of Parliament. Formally, the Yang di-Pertuan Agong appoints all Ministers on the advice of the Prime Minister. The constitution is amended by repealing the Clause (8) of Article 43, enabling a person who is a member of State Legislative Assembly to continue to serve even while serving as a minister or deputy minister in the cabinet. Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign from office. In practice, the Yang di-Pertuan Agong is obliged to follow the advice of the Prime Minister on the appointment and dismissal of ministers.
The Government of Malaysia, officially the Federal Government of Malaysia, is based in the Federal Territory of Putrajaya, with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation comprising the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a constitutional monarchy under the Westminster system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.
Wan Junaidi bin Tuanku Jaafar is a Malaysian politician, lawyer and former police officer who has served as 19th President of the Dewan Negara and Senator since June 2023. He served as Minister in the Prime Minister's Department in charge of Parliament and Law in the Barisan Nasional (BN) administration under former Prime Minister Ismail Sabri Yaakob from August 2021 to the collapse of the BN administration in November 2022, Minister of Entrepreneur Development and Cooperative in the Perikatan Nasional (PN) administration under former Prime Minister Muhyiddin Yassin from March 2020 to the collapse of the PN administration in August 2021, Minister of Natural Resources and Environment and Deputy Minister of Home Affairs in the BN administration under former Prime Minister Najib Razak and former Minister Ahmad Zahid Hamidi from May 2013 to July 2015 as well as Deputy Speaker of the Dewan Rakyat from April 2008 to April 2013. He also served as the Member of Parliament (MP) for Santubong from March 2004 to November 2022 and for Batang Lupar from October 1990 to March 2004. He is a member of Parti Pesaka Bumiputera Bersatu (PBB), a component party of the Gabungan Parti Sarawak (GPS) and formerly BN coalitions.
Bagan Datuk is a federal constituency in Bagan Datuk District, Perak, Malaysia, that has been represented in the Dewan Rakyat since 1959.
Santubong is a federal constituency in Kuching Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Bandar Kuching is a federal constituency in Kuching Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Serian is a federal constituency in Serian Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Bintulu is a federal constituency in Bintulu Division and Miri Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Kanowit is a federal constituency in Sibu Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Julau is a federal constituency in Sarikei Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Mukah is a federal constituency in Mukah Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Sarikei is a federal constituency in Sarikei Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Saratok is a federal constituency in Betong Division, Sarawak, Malaysia, that has been represented in the Dewan Rakyat since 1971.
Ahmad Perang was the second chairman of the Election Commission of Malaysia. He became the first Malayan Railway manager among the Malays.
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