# Election Commission (SPR): the body that runs Malaysia's elections

> The Election Commission (SPR) is a constitutional body that conducts federal and state elections, prepares the electoral rolls, and reviews the delimitation of electoral constituencies. It is established under Article 114 and carries out its functions under Article 113 of the Federal Constitution.

- Category: glossary
- Language: en
- Status: published
- Updated: 2026-08-01
- Canonical: https://negaraku.md/en/glossary/suruhanjaya-pilihan-raya

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**Bahasa Malaysia:** Suruhanjaya Pilihan Raya · **English:** Election Commission of Malaysia · **中文:** 马来西亚选举委员会

When you vote in a general election, almost every rule that governs that moment —
the constituency where your name is registered, the polling date, how the votes
are counted — flows from a single body. But that body is not the absolute final
arbiter: in many of its important decisions, especially delimitation, it only
**recommends**, while approval rests with the Dewan Rakyat and assent with the
Yang di-Pertuan Agong.

That is the position of the Election Commission (SPR) in the Federal
Constitution. Understanding it means separating what the SPR **does itself** from
what it merely **proposes** for others to decide.

## What are the SPR's functions under the Constitution?

The SPR's core functions are set out in **Article 113(1)** of the Federal
Constitution: the SPR shall conduct elections to the Dewan Rakyat and the State
Legislative Assemblies, and shall **prepare and revise the electoral rolls** for
those elections. Article 113(2) adds a third function: to review the division of
the Federation and the States into electoral constituencies.

| Function | Constitutional basis |
| --- | --- |
| Conducting Dewan Rakyat and State Legislative Assembly elections | Article 113(1) |
| Preparing and revising the electoral rolls | Article 113(1) |
| Reviewing the delimitation of electoral constituencies | Article 113(2), Thirteenth Schedule |
| Making rules for the purposes of its functions | Article 113(5) |
| Conducting other elections authorised by law | Article 113(4) |

Article 113(4) clarifies that federal or State law may empower the SPR to conduct
elections other than those mentioned in Clause (1) — so the scope of its duties
can be expanded through legislation, not at its own discretion.

## Who appoints the members of the SPR, and how many are there?

**Article 114(1)** provides that the SPR shall be **appointed by the Yang
di-Pertuan Agong after consulting the Conference of Rulers**, and shall consist
of a chairman, a deputy chairman and **five other members** — seven in all.

That number grew through several constitutional amendments, as recorded in the
official notes to Article 114:

- Originally, the SPR consisted of a chairman and two other members.
- Act 26/1963 (in force 16 September 1963) raised the number of "other members"
  from two to three.
- Act A514 (in force 15 May 1981) introduced the office of **deputy chairman**.
- Act A1130 (in force 28 September 2001) replaced "three" with "five" for the
  other members, bringing the total to seven.

According to the SPR portal, the Commission was established on **4 September
1957**, with its first chairman Dato' Dr. Mustafa Albakri bin Haji Hassan.

Article 114(2) adds a directive rarely found in appointment provisions: in
appointing members, the Yang di-Pertuan Agong shall **have regard to the
importance of securing an Election Commission which enjoys public confidence**.

## How are SPR members protected from removal?

Several provisions of Article 114 are designed to insulate SPR members from the
pressures of ordinary office — a structure that resembles the protections given
to the judiciary.

- **Tenure and removal (Article 114(3)).** A member ceases to hold office upon
  attaining the age of **66** (raised from 65 by Act A1320, in force 27 December
  2007). A member may resign by letter to the Yang di-Pertuan Agong, but **may
  not be removed except on the grounds and in the manner that apply to a judge of
  the Federal Court** — that is, through a tribunal process, not an
  administrative decision.
- **Mandatory removal (Article 114(4)).** By contrast, the Yang di-Pertuan Agong
  *shall* remove a member who becomes an undischarged bankrupt, holds any paid
  office outside the duties of the office, or becomes a member of either House of
  Parliament or of a State Legislative Assembly.
- **Charged remuneration (Article 114(5)).** A member's remuneration is paid out
  of the **Consolidated Fund**, so it does not require annual parliamentary
  approval.
- **Terms cannot be worsened (Article 114(6)).** After appointment, a member's
  remuneration and terms of office may not be altered to the member's
  disadvantage.

## How is the delimitation of electoral constituencies carried out?

Delimitation — redrawing the boundaries of electoral constituencies — is among
the SPR's most technical and most talked-about functions. Article 113(2) sets two
time limits: there must be an **interval of not less than eight years** between
the completion of one review and the commencement of the next, and each review
must be **completed within a period of not more than two years**.

The principles to be observed are stated in **section 2 of the Thirteenth
Schedule**, "as far as possible":

- **(a)** an electoral constituency ought not to cross a State boundary, and all
  electors should be given a reasonably convenient opportunity to vote;
- **(b)** regard should be had to the administrative facilities for registration
  and voting;
- **(c)** the number of electors in each constituency within a State should be
  **approximately equal**, except that "a measure of weightage for area" should
  be given, taking into account the greater difficulty of reaching electors in
  rural and country districts;
- **(d)** regard should be had to the inconveniences arising from changes of
  boundaries and to the maintenance of local ties.

The process, set out in Part II of the Thirteenth Schedule, is layered:

1. The SPR publishes notice of its proposed recommendations in the Gazette and in
   at least one newspaper (section 4).
2. Representations may be made within **one month** (section 4).
3. If objections are received from a State Government, a local authority, or
   **one hundred or more electors**, the SPR shall hold a local inquiry
   (section 5).
4. The SPR submits a report to the Prime Minister (section 8), who lays it before
   the Dewan Rakyat together with a draft Order (section 9).
5. The draft Order must be approved by the Dewan Rakyat with the votes of **not
   less than half of the total number of members of the House** (section 10).
6. The Yang di-Pertuan Agong then makes the Order (section 12).

Thus, although the SPR conducts the review and the inquiry, **the final say rests
with the Dewan Rakyat and the Yang di-Pertuan Agong**, not with the SPR alone.

## What issues are often debated about the SPR?

As the body that runs elections, the SPR is a focal point of public debate. This
section records the differing positions descriptively, without taking any side.

- **Rural weightage.** Section 2(c) of the Thirteenth Schedule allows rural
  constituencies to be given "a measure of weightage", which can produce
  different numbers of electors between constituencies. Some regard this as a
  constitutional recognition of the difficulty of representing large rural areas;
  others argue that a large gap erodes the principle of equal votes. Both views
  refer to the same text.
- **Independence and oversight.** Article 114 gives members judge-like
  protections, but because appointments are made on advice, some call for the
  appointment process to be strengthened while others consider the existing
  protections sufficient.
- **Who holds the final say.** Debate over delimitation is sometimes focused on
  the SPR alone, whereas the Thirteenth Schedule places final approval with the
  Dewan Rakyat and the Yang di-Pertuan Agong. Distinguishing "the SPR's
  recommendation" from "the Dewan Rakyat's decision" is important for
  understanding where a change is actually decided.

## Related terms

- [Dewan Rakyat](/glossary/dewan-rakyat)
- [Dewan Negara](/glossary/dewan-negara)
- [Yang di-Pertuan Agong](/glossary/yang-di-pertuan-agong)
- [Federal Constitution](/law/federal-constitution)
- [Warta Kerajaan](/glossary/warta-kerajaan)

## What's next

When you read a statement about the SPR — the number of seats, new boundaries, or
the Commission's independence — identify whether the matter lies within the SPR's
own power (conducting elections, revising the electoral rolls) or only within its
power to recommend (delimitation). Then trace the Article number or Thirteenth
Schedule section that supports it, and verify it against the current text of the
Federal Constitution, because these provisions have been amended many times.

To see how the seats filled through these elections form Parliament, continue to
[Dewan Rakyat](/glossary/dewan-rakyat) and
[Yang di-Pertuan Agong](/glossary/yang-di-pertuan-agong).

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*This article is classified as sensitive (elections) under NegaraKu.md's
editorial policy. It is written purely descriptively — covering the constitutional
structure, functions and processes — and preserves differing positions as facts
without taking any side. It remains a draft until reviewed by a human. Each
provision is verified against the text of the Federal Constitution (Articles 46,
113, 114 and the Thirteenth Schedule) published on the Election Commission portal
and the official Reprint of the Attorney General's Chambers (AGC).*

## Sources

- Perlembagaan Persekutuan (Cetakan Semula setakat 15 Oktober 2020) — teks penuh, termasuk Perkara 46, 113, 114 dan Jadual Ketiga Belas dengan nota pindaan — https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Federal%20Constitution%20(Reprint%202020).pdf (Pejabat Penasihat Undang-Undang / Attorney General's Chambers (AGC), Malaysia)
- Perlembagaan Persekutuan, Bahagian VIII — Perkara 113 (Penjalanan Pilihan Raya) dengan catatan pindaan — https://spr.gov.my/wp-content/uploads/2024/10/perkara-113-penjalanan-pilihanraya.pdf (Suruhanjaya Pilihan Raya Malaysia)
- Perlembagaan Persekutuan, Bahagian VIII — Perkara 114 (Keanggotaan Suruhanjaya Pilihan Raya) dengan catatan pindaan — https://spr.gov.my/wp-content/uploads/2024/10/perkara-114-keanggotaan-suruhanjaya-pilihan-raya.pdf (Suruhanjaya Pilihan Raya Malaysia)
- Perlembagaan Persekutuan, Jadual Ketiga Belas [Perkara 113, 116, 117] — Peruntukan berhubungan dengan penyempadanan bahagian-bahagian pilihan raya — https://spr.gov.my/wp-content/uploads/2024/10/bab-4-badan-perundangan-persekutuan.pdf (Suruhanjaya Pilihan Raya Malaysia)
- Sejarah Penubuhan Suruhanjaya Pilihan Raya — https://spr.gov.my/sejarah-penubuhan-suruhan-jaya-pilihan-raya/ (Suruhanjaya Pilihan Raya Malaysia)

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