In Malaysia, there are the lower house known as the Dewan Rakyat
or House of Representatives and the upper house known as the Dewan Negara
or Senate. The Parliament will exercise its power to make laws by the passing of Bills
in both houses.
A Bill may originate in either of the House. However, there is one exception with the "Money Bill
". Subject to Article 67 of the Federal Constitution, the "Money Bill" must originate in the House of Representatives and can only be introduced by a Minister.
The House, which a Bill is originated, shall send it to the other House once the Bill has been passed. After the other Houses passed the Bill, it must then be presented to the Yang di-Pertuan Agong
for his assent under the Article 66(3) of the Federal Constitution.
|Part IV, Chapter 5, Article 66(3) of the Federal Constitution
Exercise of legislative power
When a Bill has been passed by the House in which it originated it shall be sent to the other House; and it shall be presented to the Yang di-Pertuan Agong for his assent when it has been passed by the other House and agreement has been reached between the two Houses on any amendments made in it or when it is required to be so presented under Article 68.
A Bill goes through several stages of "Reading", in both the Houses of Parliament. At the First Reading stage, only the long title will be read. This is a formality when the Bill is first introduced to the House. The most important stage is the Second Reading. The contents of the Bill are debated at length and discussed by all members of the House. After that the Bill goes through a Committee Stage. The committees is normally the Committee of the whole House as opposed to special select committees. Special technical details of the Bill may be discussed at this stage. Finally, the Bill is returned to the House for its Third Reading. Again this is a formality.
Under the Article 66(4) of the Federal Constitution, the Yang di-Pertuan Agong
must assent to the Bill by causing the Public Seal to be affixed thereto. This must be done within 30 days from the date a Bill is being presented to him.
The nation Constitution provides that a Bill will become law at the expiration of the 30 days period specified in the like manner as if he had assented thereto, should the Yang di-Pertuan Agong
, for whatever reason, fails to give his assent to the Bill within the specified period.
A Bill assented by the Yang di-Pertuan
shall become Law
. However, no laws shall come into force until it has been gazetted or published under the Article 66(5) of the Federal Constitution.
|Part IV, Chapter 5, Article 66(5) of the Federal Constitution
Exercise of legislative power
A Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.
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