Dewan Rakyat: How 222 Seats Turn Into Federal Law

At a glance

Name	Dewan Rakyat (House of Representatives)
Type	Elected lower House, in a bicameral Parliament
Constitutional basis	Part IV, Chapter 4 of the Federal Constitution
Membership	222 elected members (Article 46(1))
Age of qualification	Not less than 18 years (Article 47(b))
Maximum term	Five years from the first meeting (Article 55(3))
Quorum	26 members, not including the Chairman (Standing Order 13(1))
Presiding officer	Speaker of the Dewan Rakyat (Article 57)

An Act of Parliament that binds every person in Malaysia begins with something almost invisible: the Clerk reads the name of a Bill at the Table, and no one argues. That is the first reading. Everything after that — debate, clause-by-clause amendment, the vote, royal assent — is a chain of conditions that must be satisfied in sequence before that piece of paper acquires the force of law.

This page describes that chain: who sits in the Dewan Rakyat, how long they sit, and what exactly the Constitution allows that House to do.

222 seats, set out in the Constitution itself

Most sources stop at the number 222. The Constitution does not. Article 46(2) breaks that figure down among the States and the Federal Territories in its own text — not through ordinary legislation, and not through an administrative order.

State / Territory	Seats
Sarawak	31
Johor	26
Sabah	25
Perak	24
Selangor	22
Kedah	15
Kelantan	14
Pahang	14
Penang	13
Negeri Sembilan	8
Terengganu	8
Melaka	6
Perlis	3
Total, the States	209
F.T. Kuala Lumpur	11
F.T. Labuan	1
F.T. Putrajaya	1
Total, the Federal Territories	13
Grand total	222

Each member represents one electoral constituency, as stated by Parliament’s own official portal. Because this figure is contained in the Constitution, changing it means amending the Constitution — and Article 159(3) requires the support of not less than two-thirds of the total number of members at the Second and Third Readings.

The figure of 222 itself came into force on 19 January 2006, when Akta A1260 replaced the number two hundred and nineteen. The history of the seat count can be read directly from the amendment notes to Article 46: 104 members in 1962, 159 after the formation of Malaysia in 1963 (including 15 from Singapore), 144 after 1965.

Who is eligible to sit

Article 47 sets out two basic conditions: citizenship, and residence in the Federation. The rest is a matter of age — and this is where the two Houses differ.

• Dewan Rakyat — not less than 18 years.
• Dewan Negara — not less than 30 years.

Article 48(1) lists the grounds for disqualification: being found to be of unsound mind; being an undischarged bankrupt; holding an office of profit; failing to submit a return of election expenses; being 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; or voluntarily acquiring foreign citizenship.

The five-year clock

The Dewan Rakyat does not last forever. Article 55 sets out its entire cycle, and its figures are exact.

Provision	Time limit
Article 55(1)	Six months may not elapse between the last sitting of one session and the first meeting of the next session
Article 55(3)	Parliament continues for five years from the date of its first meeting, then dissolves
Article 55(4)	A general election within 60 days of dissolution
Article 55(4)	Parliament is summoned to meet not later than 120 days from dissolution

Notice the language of Article 55(3): “unless sooner dissolved… shall thereupon stand dissolved.” That automatic dissolution takes effect without any action. The power to dissolve earlier lies with the Yang di-Pertuan Agong under Article 55(2).

Prorogation is not dissolution. Article 55(5) provides that a Bill that has not yet been disposed of does not lapse by reason of prorogation, and Article 55(7) protects a Bill awaiting assent from lapsing by reason of either prorogation or dissolution.

The path of a Bill

Article 66(1) provides that Parliament’s law-making power is exercised through a Bill passed by both Houses — or, in the case referred to in Article 68, by the Dewan Rakyat alone — and assented to by the Yang di-Pertuan Agong. The Standing Orders fill in the procedural detail.

1. First reading. Under Standing Order 48, a Minister may bring in a Bill after giving at least one day’s notice, without requiring an order of the House. The name of the Bill is read by the Clerk at the Table. There is no debate.
2. Second reading. Standing Order 53 requires notice to be given as soon as possible after the first reading, and Standing Order 53(2) bars the second reading until the Bill has been sent to members. Debate here concerns the principle of the Bill.
3. Committee stage. Standing Order 54(2): once read a second time, the Bill is committed to a Committee of the whole House, unless the House passes a motion to refer it to a Select Committee. Standing Order 54(1) allows referral to a Select Committee before the second reading. This is where clauses are examined one by one.
4. Third reading. Standing Order 61(1) confines debate to the contents of the Bill.
5. The Dewan Negara, then assent. Article 66(3) sends the Bill to the other House.

A vote is decided by the ordinary majority of members voting (Article 62(3)), except where the Constitution requires a special majority. The Chairman casts a vote only when necessary to avoid an equality of votes, and may not vote in any other case. Article 62(5) bars a member who is not present from voting.

The Yang di-Pertuan Agong has 30 days to give assent (Article 66(4)). If that period lapses, Article 66(4A) provides that the Bill becomes law “in the same manner as if he had assented thereto.” Article 66(5) adds one final condition: no law comes into force until it has been published.

Two powers held by the Dewan Rakyat alone

This is the part most often left out of short explanations.

Money starts here. Article 67(1) lists seven categories of financial provision — among them the imposition or increase of taxation, the borrowing of money by the Federation, payment out of the Consolidated Fund, and the auditing of accounts. A Bill or amendment containing such a provision may not be brought in or moved except by a Minister, and may not be introduced in the Dewan Negara. That qualification depends on the Minister charged with responsibility for finance signifying that the provision is more than merely incidental.

The Dewan Negara may delay, not block. Article 68 sets two different clocks:

Type of Bill	Effect if the Dewan Negara does not pass it
Money Bill	Sent to the Dewan Negara at least one month before the end of the session; if not passed without amendment within one month, it is presented to the Yang di-Pertuan Agong unless the Dewan Rakyat directs otherwise
Other Bill	The Dewan Rakyat may pass it again in the following session, but not earlier than one year after it was first passed; if the Dewan Negara again does not pass it, it is presented for assent

Two details reinforce this power. Article 68(6) leaves the definition of a “Money Bill” to the opinion of the Speaker of the Dewan Rakyat. And Article 68(4) requires a certificate of the Speaker that the provisions of that Article have been complied with — a certificate that is “conclusive for all purposes and shall not be questioned in any court.”

Article 68(5) places its limit: this mechanism does not apply to a Bill for a constitutional amendment, other than an amendment excepted from Article 159(3).

Oversight function

Article 43(3) states its foundation in one sentence: “The Cabinet shall be collectively responsible to Parliament.” Article 43(2)(a) provides that the Prime Minister is appointed from among the members of the Dewan Rakyat who, in the judgment of the Yang di-Pertuan Agong, is likely to command the confidence of the majority of the members of that House, and Article 43(4) provides for the consequence when that confidence is lost.

Its day-to-day instruments of oversight lie within the Standing Orders.

• Questions. Standing Order 21(1) allows a question to be addressed to a Minister on a matter within his official duties. Standing Order 22(2) requires written notice not later than 14 working days before the sitting begins, and Standing Order 22(3) limits each member to three questions marked “For Oral Answer” for one sitting day.
• Public Accounts Committee. Standing Order 77 requires this Committee to be appointed at the beginning of every Parliament to examine the accounts of the Government of Malaysia and the statement of the Auditor General presented under Article 107. It consists of a Chairman and a Deputy Chairman appointed by the House, together with six to twelve members. Standing Order 77(4) bars a Minister from holding the office of Chairman or from being a member of it, and Standing Order 77(5) gives it the power to summon persons to attend and to call for the production of papers and records.
• Privilege. Article 63(1) places the validity of proceedings outside the jurisdiction of any court, and Article 63(2) protects a person from court proceedings in respect of anything said or any vote given while taking part in proceedings.

Common mistakes

“A term of Parliament is exactly five years.” Article 55(3) measures five years from the date of the first meeting, not from the date of the election. Article 55(1), in turn, sets a separate limit of six months between sessions.

“The Speaker must be a Member of Parliament.” Article 57(1)(a) allows the election of a person who is qualified to be elected as a member, even if he is not a member.

“Every vacancy results in a by-election.” The proviso to Article 54(1) provides that a vacancy ascertained within two years of the date Parliament would be dissolved under Article 55(3) is not filled, unless the Speaker notifies the Election Commission in writing that the strength of the majority is affected.

“A Bill dies when Parliament is prorogued.” Article 55(5) provides otherwise for a Bill that has not yet been disposed of.

“Parliament’s power is unlimited.” The Ninth Schedule divides matters among the Federal List, the State List and the Concurrent List — see Parliament of Malaysia and Federal Constitution.

What’s next

For an overview of the entire federal legislature, including the standing of the Dewan Negara and the Yang di-Pertuan Agong under Article 44, read Parliament of Malaysia. For the structure of the document that sets out every limit above, including the amendment procedure under Article 159, read Federal Constitution. The background to why Sarawak and Sabah hold the number of seats listed in Article 46(2) begins with the formation of Malaysia in 1963.

To verify any figure on this page, refer to the text of the Federal Constitution at lom.agc.gov.my and the Standing Orders of the Dewan Rakyat at parlimen.gov.my.