Dewan Rakyat: 222 Seats, Five Years, and the Powers the Constitution Gives It

Bahasa Malaysia: Dewan Rakyat · English: House of Representatives · 中文: 下议院

The number 222 is not an administrative figure that can be changed by circular. It is written into Article 46 of the Federal Constitution, and every additional seat, or every seat removed, requires a constitutional amendment.

That is the most useful starting point for understanding the Dewan Rakyat: almost all of its fundamental features — its size, the age of candidates, the length of its term, the way the Speaker is chosen — come from the text of the Constitution, not from practice.

Constitutional summary

Article	What it provides
Article 46	222 elected members; divided among States and Federal Territories
Article 47	Qualification: resident citizen, aged not less than 18
Article 48	Grounds for disqualification from membership
Article 52	Six months’ absence without permission may vacate a seat
Article 54	Casual vacancy filled within 60 days, subject to conditions
Article 55	Summoning, proroguing and dissolving Parliament; five-year term
Article 57	The Speaker and two Deputy Speakers
Article 59	Oath before taking one’s seat
Article 62	The House regulates its own procedure; ordinary majority decisions
Articles 67, 68	Financial Bills and the effect of the Dewan Rakyat’s passage

Where the 222 comes from

Article 46(2) breaks that total down into two groups: 209 members from the States and 13 members from the Federal Territories.

State	Seats	State	Seats
Johor	26	Perak	24
Kedah	15	Perlis	3
Kelantan	14	Sabah	25
Melaka	6	Sarawak	31
Negeri Sembilan	8	Selangor	22
Pahang	14	Terengganu	8
Penang	13

For the Federal Territories, Article 46(2)(b) provides for 11 seats for Kuala Lumpur, one for Labuan and one for Putrajaya.

These figures are not a legacy unchanged since Merdeka. The amendment notes printed against Article 46 in the official reprint show that on Merdeka Day, the Article provided for one hundred elected members — except for the first Dewan Rakyat, which consisted of 104 members. Today’s total, in turn, comes from Akta A1260, which came into force on 19 January 2006, and replaced the words “two hundred and nineteen” with “two hundred and twenty-two” — an increase of three seats, all of them for Sarawak (28 to 31). Every change between those two points likewise took place through a constitutional amendment following a review of electoral boundaries, not through an administrative decision.

Who is eligible to be a member

Article 47 sets out the basic condition in a single sentence: every citizen resident in the Federation is qualified to be a member of the Dewan Rakyat if he is not less than 18 years of age — unless he is disqualified under the Constitution or under any law made under Article 48.

The figure of 18 is recent. Akta A1603 (the Constitution (Amendment) Act 2019), which came into force on 11 September 2019, replaced the words “twenty- one years” with “eighteen years” in Article 47(b). The 15 October 2020 reprint already incorporates this amendment — any copy of the Constitution predating that commencement date will show the old figure.

Compare this with the Dewan Negara: Article 47(a) sets a minimum age of 30 there. That age difference is the only basic qualification difference between the two Houses under Article 47.

After being elected, Article 59(1) requires every member to take and subscribe the oath in the form set out in the Sixth Schedule before taking his seat. A member may take part in the election of the Speaker before taking the oath, but Article 59(2) provides: if the member does not take his seat within six months from the date the House first meets after his election — or such longer period as the House may allow — his seat becomes vacant.

Disqualification

Article 48(1) lists the grounds on which a person becomes disqualified from being a member of either House of Parliament:

• found or declared to be of unsound mind;
• an undischarged bankrupt;
• holding an office of profit;
• failing to lodge a return of election expenses as required by law;
• convicted of an offence and sentenced to imprisonment for not less than one year or to a fine of not less than RM2,000, without having received a free pardon;
• voluntarily acquiring or exercising the citizenship of a foreign country, or making a declaration of allegiance to a foreign country.

Disqualification under the two grounds relating to the expenses return and to conviction may be removed by the Yang di-Pertuan Agong; otherwise it ceases after five years (Article 48(3)). Article 48(4), in turn, suspends the operation of a disqualification arising from a conviction for 14 days, and longer still if an appeal or a petition for pardon is filed.

Article 48(6) adds a provision specific to the Dewan Rakyat: a person who resigns his membership is disqualified from being a member of the Dewan Rakyat for five years from the date that resignation takes effect.

Five years — and what happens within it

Article 55 contains three distinct mechanisms that are frequently conflated.

Summoning. The Yang di-Pertuan Agong shall summon Parliament from time to time, and shall not allow six months to elapse between the last sitting of one session and the first meeting of the next session.

Proroguing. Prorogation ends one session and replaces it with the next session. Article 55(5) clarifies its effect: a Bill that has not yet been disposed of does not lapse by reason of prorogation.

Dissolving. Unless sooner dissolved, Parliament continues for five years from the date of its first meeting and then stands dissolved (Article 55(3)). Once Parliament is dissolved, a general election shall be held within 60 days, and Parliament shall be summoned to meet not later than 120 days from the date of dissolution (Article 55(4)).

For a seat that falls vacant mid-session, Article 54(1) sets a period of 60 days to fill a casual vacancy from the date the Election Commission ascertains it. There is one important condition: if the vacancy occurs within two years before the date Parliament would otherwise be dissolved, the vacancy is not to be filled unless the Speaker of the Dewan Rakyat notifies the Election Commission in writing that the numerical strength of the parties comprising the majority is affected.

The Speaker

Article 57(1) gives the Dewan Rakyat an option the Dewan Negara does not have: the Speaker may be elected from among the members of the Dewan Rakyat or from among a person who is qualified to be elected as a member. The two Deputy Speakers, however, must be from among the members.

If a person who is not a member is elected as Speaker, Article 57(1A) makes him a member of the Dewan Rakyat in addition to the 222 elected members — but with the express proviso that he is not entitled to vote on any matter before the House.

The Dewan Rakyat also may not transact any business while the office of Speaker is vacant, other than the election of the Speaker itself.

For decisions of the House, Article 62(3) provides for a simple majority of the members voting, and the person presiding shall cast a vote only when necessary to avoid an equality of votes.

Powers unique to the Dewan Rakyat

Three provisions give the Dewan Rakyat a different standing from the Dewan Negara in the legislative process and in administration.

Financial Bills. Article 67(1) provides that a Bill imposing taxation, charging the Consolidated Fund, or making other listed financial provisions may not be introduced in the Dewan Negara, and may only be brought in by a Minister.

Limited delay. Under Article 68(1), if a Money Bill is passed by the Dewan Rakyat and sent to the Dewan Negara at least one month before the end of the session but is not passed without amendment within one month, the Bill is nevertheless presented to the Yang di-Pertuan Agong for assent. For a non-Money Bill, Article 68(2) allows a similar passage after it is passed again in the following session — not earlier than one year after the first passage.

Appointment of the Prime Minister. Article 43(2)(a) provides that the Yang di-Pertuan Agong shall appoint as Prime Minister a member of the Dewan Rakyat who in his judgment is likely to command the confidence of the majority of the members of that House. Other Ministers may be appointed from among the members of either House of Parliament.

Common mistakes

• Equating a “session” with the “term of Parliament”. One Parliament may contain several sessions; a session ends through prorogation, whereas Parliament ends through dissolution or the expiry of the five-year term.
• Assuming Parliament must sit for the full five years. Article 55(3) sets five years as the maximum limit, not a fixed term.
• Assuming every vacancy must be filled. The two-year condition in Article 54(1) restricts the filling of a casual vacancy near the end of a session, except in the stated circumstances.
• Assuming the Speaker must necessarily be a Member of Parliament. Article 57(1) allows a non-member to be elected, subject to Article 57(1A).
• Citing an old reprint as the current text. The 15 October 2020 reprint incorporates amendments in force up to that date — including the age of 18 from Akta A1603 — but not amendments that came later, such as Akta A1663 (2022). The current text is always on the Federal Legislation Portal.

Related terms

• Parliament of Malaysia
• Dewan Negara
• Federal Constitution
• How a Bill Becomes Law
• Yang di-Pertuan Agong
• Federal Territories

What’s next

When you read a claim about the Dewan Rakyat — the number of seats, a dissolution date, or who may become Speaker — look for the Article number that supports it, then verify that Article against the current text at lom.agc.gov.my. The Constitution has been amended dozens of times, and the reprint circulating online is often older than assumed.

To see how these 222 seats work together with the other House in passing legislation, continue to Parliament of Malaysia and Dewan Negara.

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This article is classified as sensitive (3R+1: constitutional matters) under NegaraKu.md’s editorial policy. It is written to be strictly descriptive — covering structure and function only — and remains a draft pending human review. Every figure has been verified against the text of the Federal Constitution (Reprint 2020, Malay and English versions) at lom.agc.gov.my.