This topic falls under a sensitive category and is presented descriptively and neutrally.
The Election Commission (SPR) is a constitutional body provided for by Article 113(1) of the Federal Constitution and formed in accordance with Article 114. Article 113 gives the Election Commission three core functions: conducting elections to the Dewan Rakyat and the State Legislative Assemblies; preparing and reviewing the electoral roll; and reviewing and recommending the delimitation of constituencies in accordance with the Thirteenth Schedule, with an interval of not less than eight years between one review and the next. Article 114 provides that the Election Commission consists of a chairman, a deputy chairman and five other members, appointed by the Yang di-Pertuan Agong after consulting the Conference of Rulers.
- Article 113(1): the Election Commission conducts elections to the Dewan Rakyat and the State Legislative Assemblies and prepares and reviews the electoral roll, subject to federal law
- Article 113(2): the Election Commission reviews and recommends delimitation in accordance with the Thirteenth Schedule; an interval of not less than eight years between reviews, and each review completed within a period not exceeding two years
- Article 114(1): the Election Commission consists of a chairman, a deputy chairman and five other members, appointed by the Yang di-Pertuan Agong after consulting the Conference of Rulers
- Article 114(2): in appointing members, the Yang di-Pertuan Agong shall have regard to the importance of securing an Election Commission that enjoys public confidence
- Article 114(3): a member may not be removed except on the like grounds and in the like manner as a judge of the Federal Court; ceases to hold office at the age of 66
- Article 114(5): the remuneration of members of the Election Commission is charged to the Consolidated Fund
Who this applies to: Anyone who wants to understand the constitutional standing of the body that conducts elections in Malaysia — students, researchers, journalists and general readers — as well as the constitutional provisions that set out the Election Commission's mandate, membership and tenure protections.
On this page
The body that conducts elections in Malaysia was not created by an ordinary Act, and cannot be dissolved by an ordinary Act. It is provided for directly in the Federal Constitution — and two Articles, 113 and 114, set out what it may do and who may sit on it.
The Election Commission (Suruhanjaya Pilihan Raya, SPR) is that body. This article describes its mandate and functions as set out in the constitutional text, descriptively and without evaluation.
At a glance
| Official name | Election Commission (Suruhanjaya Pilihan Raya) |
| Constitutional basis | Article 113 (functions); Article 114 (membership); Part VIII of the Federal Constitution (Articles 113-120) |
| Established | 4 September 1957 |
| Membership | A chairman, a deputy chairman and five other members (Article 114(1)) |
| Appointed by | Yang di-Pertuan Agong after consulting the Conference of Rulers (Article 114(1)) |
| Retirement age of members | 66 (Article 114(3)) |
| Related legislation | Akta Suruhanjaya Pilihan Raya 1957 (Akta 31); Akta Pilihan Raya 1958 (Akta 19); Thirteenth Schedule to the Constitution |
| Official website | spr.gov.my |
Three core functions under Article 113
Article 113(1) provides that “there shall be an Election Commission”, formed in accordance with Article 114, and which — subject to the provisions of federal law — shall conduct elections to the Dewan Rakyat and the State Legislative Assemblies and prepare and revise the electoral rolls for those elections.
The Election Commission’s official website organises this mandate into three core functions:
- Delimitation — reviewing and recommending the delimitation of Parliamentary and State constituencies, at intervals of not less than every eight years.
- Voter registration — conducting voter registration and revision of the electoral roll.
- Conduct of elections — conducting general elections to the Dewan Rakyat and the State Legislative Assemblies, as well as by-elections.
Besides these three functions, Article 113(4) provides that federal or State law may empower the Election Commission to conduct elections other than those mentioned in Clause (1). Article 113(5) in turn allows the Election Commission to make rules to the extent necessary for its functions, but those rules take effect subject to federal law.
Delimitation: what Article 113(2) sets out
The most detailed function is set out in Article 113(2). The Election Commission shall, from time to time as it thinks necessary, review the division of the Federation and the States into constituencies and recommend such changes as it thinks necessary to comply with the provisions contained in the Thirteenth Schedule. A review for a State Legislative Assembly is conducted at the same time as the review for the Dewan Rakyat.
Two time limits attach to this process:
| Provision | Time limit |
|---|---|
| Article 113(2)(ii) | An interval of not less than eight years between the date a review is completed and the date the next review begins |
| Article 113(2)(iii) | Each review must be completed within a period not exceeding two years from the date it began |
Article 113(9) fixes the start date of a review as the date a notice is published in the Gazette under section 4 of the Thirteenth Schedule, while Article 113(10) fixes the completion date as the date a report is submitted to the Prime Minister under section 8 of the Thirteenth Schedule.
The terminology used is worth noting: in delimitation, the Election Commission recommends changes. How that recommendation is given effect is provided for in the Thirteenth Schedule, not in Article 113 itself.
Article 113(6) sets separate reviews for the States of Malaya and for each of the States of Sabah and Sarawak, and defines a “review unit”. Article 113(3), in turn, provides that if the Election Commission is of the opinion that a review needs to be conducted because of a law made under Article 2 (alteration of boundaries or establishment of States), it shall do so whether or not eight years have elapsed since the last review.
Additional provisions in Articles 113(3A) and 113(3B) govern reviews where the number of elected members of the Dewan Rakyat or a State Legislative Assembly is changed as a result of an amendment to Article 46 or State law.
Membership under Article 114
Article 114(1) provides that the Election Commission 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.
Consultation with the Conference of Rulers is a specific constitutional threshold — the Constitution requires the Conference to be consulted, not that the Conference agree.
Article 114(2) adds one consideration: in appointing members of the Election Commission, the Yang di-Pertuan Agong “shall have regard to the importance of securing an Election Commission which enjoys public confidence.”
Tenure protection
The Constitution binds the position of Election Commission members with several protections equivalent to those of the judiciary. These are contained in Articles 114(3) to 114(6):
| Provision | What it sets out |
|---|---|
| Article 114(3) | A member ceases to hold office on reaching the age of 66 or on becoming disqualified; may resign by letter to the Yang di-Pertuan Agong; may not be removed except on the like grounds and in the like manner as a judge of the Federal Court |
| Article 114(4) | The Yang di-Pertuan Agong shall remove a member who becomes an undischarged bankrupt, holds any office or paid employment outside his duties, or becomes a member of any House of Parliament or a State Legislative Assembly |
| Article 114(4A) | The chairman becomes disqualified if, after three months of appointment, he becomes a member of the board of directors or management, an officer or employee, or is involved in the affairs of any organisation or business undertaking (subject to exceptions for welfare or voluntary work) |
| Article 114(5) | Parliament shall by law provide for the remuneration of members, and that remuneration is charged to the Consolidated Fund |
| Article 114(6) | The remuneration and terms of office of a member may not be altered to his disadvantage after appointment |
Article 114(7) provides that when the chairman is on leave or unable to carry out his functions, the deputy chairman carries out those functions, and if the deputy chairman is also unable to do so, the Yang di-Pertuan Agong may appoint a member to carry out the functions of chairman for that period.
Staff and assistance: Article 115
Article 115(1) allows the Election Commission to employ as many persons as it needs, on terms and conditions it determines with the approval of the Yang di-Pertuan Agong.
Article 115(2) obliges all public authorities to give the Election Commission such assistance as is practicable when requested. For the function of making recommendations on the delimitation of constituencies, the Election Commission shall obtain the advice of two officers of the Federal Government who have special knowledge of the topography and distribution of the population of the review unit, such officers to be selected by the Yang di-Pertuan Agong.
How election results are challenged
Article 118 sets out the only way to dispute an election result: no election to the Dewan Rakyat or a State Legislative Assembly may be questioned except by an election petition presented to the High Court having jurisdiction where the election was held. Article 118A provides for a petition relating to a no return.
Other related provisions in Part VIII include Article 116 (federal constituencies), Article 117 (State constituencies), Article 119 (voter eligibility) and Article 120 (direct election to the Dewan Negara).
How membership has evolved
The history of the Election Commission’s membership reflects successive amendments to Article 114. According to the Election Commission’s official website:
| Year | Change |
|---|---|
| 1957 | The Election Commission was established with one Chairman and two members |
| 1963 | The number of members was increased to three, with an additional member from Sabah or Sarawak on a rotating basis |
| 1981 | An amendment to Article 114 allowed for the appointment of a Deputy Chairman |
| 2002 | Membership was increased to seven persons: a Chairman, a Deputy Chairman and five members, including one from Sabah and one from Sarawak |
Common mistakes
“The Election Commission sets constituency boundaries conclusively.” Article 113(2) states that the Election Commission reviews and recommends changes in accordance with the Thirteenth Schedule. Article 113 does not give the Election Commission final power to set boundaries; how a recommendation is given effect is provided for in the Thirteenth Schedule.
“The Election Commission was established by an Act of Parliament.” The Election Commission is provided for directly by the Federal Constitution (Articles 113 and 114). Akta Suruhanjaya Pilihan Raya 1957 and Akta Pilihan Raya 1958 regulate remuneration, terms and procedure, but the body’s existence rests on the Constitution.
“A member of the Election Commission can be removed like an ordinary civil servant.” Article 114(3) provides that a member may not be removed except on the like grounds and in the like manner as a judge of the Federal Court — a high degree of tenure protection.
“The consent of the Conference of Rulers is required to appoint members of the Election Commission.” Article 114(1) requires the Yang di-Pertuan Agong to consult the Conference of Rulers, not to obtain its consent. Consultation and consent are two different constitutional thresholds.
“An eight-year interval means delimitation must be done every eight years.” Article 113(2)(ii) sets an interval of not less than eight years between one review and the next — that is a minimum limit, not a fixed schedule.
What’s next
To see where the Election Commission sits within the broader constitutional framework, start with the Federal Constitution, then Parliament of Malaysia and the Dewan Rakyat — the body whose membership is filled through elections conducted by the Election Commission.
For the mechanism of appointment by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, see Yang di-Pertuan Agong and Conference of Rulers.
The full text of Articles 113 to 120 and the Thirteenth Schedule can be read in the official reprint of the Federal Constitution on the Attorney General’s Chambers portal, and the official statement of functions is published by the Election Commission at spr.gov.my.
Sources
- Federal Constitution (Reprint 2020) — Part VIII, Articles 113-120 — Jabatan Peguam Negara Malaysia (Attorney General's Chambers)
- Perlembagaan Persekutuan — Portal Perundangan Persekutuan — Jabatan Peguam Negara Malaysia
- Sejarah Penubuhan Suruhanjaya Pilihan Raya — Suruhanjaya Pilihan Raya Malaysia (SPR)
- Visi, Misi dan Fungsi SPR — Suruhanjaya Pilihan Raya Malaysia (SPR)
Change history
| Version | Date | Change | By |
|---|---|---|---|
| 01.00 | 24 Jul 2026 | Approved and published. | — |