Dewan Negara: How Senators Are Appointed, and Why This House Delays Rather Than Vetoes

The Dewan Negara can reject a bill that has already been passed by the Dewan Rakyat. What it cannot do is reject that bill forever.

The Federal Constitution gives this upper house a stopwatch, not a lock on the door. Article 68 provides that once a certain period has elapsed, the Dewan Rakyat may send the same bill directly to the Yang di-Pertuan Agong — with the Dewan Negara bypassed entirely.

At a glance

Name	Dewan Negara (Senate)
Title of members	Senator
Constitutional basis	Article 44–48, 54, 56, 66–68 and the Seventh Schedule, Federal Constitution
Total membership	70
Elected by a State Legislative Assembly	26 (two for each of the 13 states)
Appointed by the Yang di-Pertuan Agong	44 (40 under Article 45(1)(b); two for Kuala Lumpur, one for Labuan, one for Putrajaya)
Minimum age	30 (Article 47(a))
Term of office	Three years; maximum two terms
Presiding officer	President of the Dewan Negara and Deputy President, elected from among the members (Article 56(1))

Two routes into the Dewan Negara

Article 45(1) divides membership into two categories that are entirely different in the source of their authority.

State Senators. Two for each state are elected by that state’s own State Legislative Assembly, in accordance with the procedure in the Seventh Schedule. With 13 states, that comes to 26 — every state gets equal weight, whether it is Perlis or Selangor.

Appointed Senators. Forty are appointed by the Yang di-Pertuan Agong under Article 45(1)(b), plus a further four representing the Federal Territories: two for Kuala Lumpur, one for Labuan and one for Putrajaya.

Article 45(2) sets out the criteria for those appointed by the Yang di-Pertuan Agong: persons who, in His Majesty’s opinion, have rendered distinguished public service or achieved distinction in a profession, commerce, industry, agriculture, cultural activities or social service, or who represent racial minorities or are capable of representing the interests of the Orang Asli.

Note the ratio. The number of appointed Senators (44) exceeds the number of state Senators (26). The original 1957 design was the reverse — the Reid Commission’s report proposed 22 state Senators against 11 appointed Senators. Article 45(1)(b) originally provided for only 16 appointed members; that figure was raised to 22 in 1963, then 32 in 1964, and finally 40 in 1978.

How a State Legislative Assembly actually elects its Senator

The election procedure is rarely discussed, but it is set out step by step in the Seventh Schedule.

1. When a vacancy arises, the Yang di-Pertuan Agong gives notice to the Ruler or Yang di-Pertua Negeri of the state concerned, who then requires the State Legislative Assembly to hold an election.
2. A candidate’s name is proposed and seconded by members of the State Legislative Assembly. The member proposing or seconding must produce a written statement, signed by the candidate personally, stating the candidate’s consent to serve if elected.
3. The presiding officer announces the candidates’ names in alphabetical order and puts them to a vote.
4. Every member present is entitled to vote according to the number of vacancies to be filled. The names of the members who vote for each candidate are recorded — the vote is not secret.
5. The candidate(s) receiving the most votes are declared elected. If there is a tie and the number of candidates exceeds the number of vacancies, the outcome is decided by drawing lots.
6. The presiding officer certifies the names elected to the Clerk of the Dewan Negara by a letter signed personally by the presiding officer.

If a question arises as to whether a Senator has been duly elected, the Seventh Schedule leaves that decision to the Dewan Negara itself, and its decision is final.

The three-year term that is not tied to the election cycle

Article 45(3) sets the term of office at three years — and adds one important clause: that term is not affected by the dissolution of Parliament.

This is the single biggest structural difference between the two Houses. When the Dewan Rakyat is dissolved for a general election, all of its seats fall vacant. The Dewan Negara continues to exist, with the same membership, throughout that period.

Article 45(3A) limits a person to two terms only, “whether consecutive or otherwise” — this limit was inserted in 1981.

The qualification requirements also differ. Article 47(a) sets the minimum age at 30 for the Dewan Negara, compared with 18 for the Dewan Rakyat under Article 47(b), following the amendment that came into force on 11 September 2019. Disqualification under Article 48 — including undischarged bankruptcy, holding an office of profit, or a criminal conviction with a sentence of imprisonment of not less than one year or a fine of not less than RM2,000 — applies to both Houses.

A vacancy among appointed Senators must be filled within 60 days from the date the President of the Dewan Negara ascertains that the vacancy exists (Article 54(1)). Failure to do so within that period does not invalidate an appointment made afterwards. Article 54(3) excepts a seat to be filled by election by a state from that 60-day limit.

A power to delay, not a power to veto

This is where the Dewan Negara’s real design shows through. Article 66(1) states that the power of Parliament to make laws is exercised through bills passed by both Houses — “or, in the case referred to in Article 68, by the Dewan Rakyat”. That parenthetical phrase is the whole story.

Type of bill	Position of the Dewan Negara
Money Bill	May not be introduced in the Dewan Negara (Article 67(1)). If sent at least one month before the end of the session and not passed without amendment within one month, it is presented to the Yang di-Pertuan Agong for assent, unless the Dewan Rakyat directs otherwise (Article 68(1))
Ordinary bill	May be rejected or amended. But if the Dewan Rakyat passes it again in the following session, and not earlier than a year after it was first passed, and the Dewan Negara again does not pass it, it is presented to the Yang di-Pertuan Agong (Article 68(2))
Bill for a constitutional amendment	Article 68 does not apply (Article 68(5)). Article 159(3) requires the support of not less than two-thirds of the total number of members of each House at the Second and Third Readings

For that second route, the only change permitted to a bill brought back is a change certified by the Speaker of the Dewan Rakyat as necessary owing to the time that has elapsed, or to reflect an amendment made by the Dewan Negara in an earlier session (Article 68(3)).

A certificate of the Speaker of the Dewan Rakyat that Article 68 has been complied with is conclusive for all purposes and shall not be questioned in any court (Article 68(4)).

The Journal of the Malaysian Parliament itself describes the effect as allowing the Dewan Rakyat to bypass a serious objection from the Dewan Negara, thereby ruling out the possibility of a deadlock between the two Houses. The same journal records one recent instance of the use of that rejection power, when the Dewan Negara voted to reject a bill to repeal the Akta Berita Tidak Benar 2018.

The Reid Commission, which drafted the Constitution in 1957, did in fact expect this power to delay legislation to be used only in “exceptional” circumstances.

Common mistakes

“The Dewan Negara can veto any law.” Not for an ordinary bill. Article 68(2) gives it a delay of at least one year, not a final rejection. A genuine veto exists only for a bill amending the Constitution, because Article 68(5) removes it from the bypass mechanism and Article 159(3) requires two-thirds of the total membership in both Houses.

“Senators represent their states.” Only 26 of 70. The majority of the membership is appointed at the federal level.

“Senators are elected by voters.” No. State Senators are elected by members of the State Legislative Assembly, not by the public. Article 45(4) does allow Parliament to make law to raise the number of members for each state to three, or to provide for direct election by the voters of the state, or to reduce or abolish appointed members — but that power has not been exercised.

“The Dewan Negara is dissolved together with the Dewan Rakyat.” No. Article 45(3) states that the three-year term is untouched by the dissolution of Parliament.

“Senators cannot become Ministers.” They can. Article 43(2)(b) allows the Yang di-Pertuan Agong to appoint a Minister from among the members of either House of Parliament. Only the Prime Minister must be a member of the Dewan Rakyat.

What’s next

Its counterpart in the lower house — the 222-seat composition, the five-year clock and the financial power it holds alone — is described in Dewan Rakyat. To see where the Dewan Negara sits within the overall structure of federal law-making, including the division of powers between Parliament and the State Legislative Assemblies, see Parliament of Malaysia. The role of royal assent under Article 66 is set out in Yang di-Pertuan Agong. For the text and structure of the document that is the source of all the powers described above, see Federal Constitution.

The current list of Senators, sitting dates and the Standing Orders of the Dewan Negara are published on the official portal of Parliament of Malaysia. The text of the Constitution referred to throughout this article can be downloaded from the Attorney General’s Chambers’ Federal Legislation Portal.