Gopal Sri Ram said even if the proposed amendments were defeated in the Dewan Rakyat, it could not be construed as Dr Mahathir Mohamad’s administration losing the support of the majority.
“Amendments to the Federal Constitution are done under Article 159 where two-thirds of the Dewan Rakyat and Dewan Negara members must give their votes for approval,” he told FMT.
He was responding to Minister in the Prime Minister’s Department Liew Vui Keong who said the proposal to raise the mandatory retirement age for judges from 66 to 70 required an amendment to Article 125 of the constitution.
Liew also said the federal government was serious about amending Article 1(2) of the constitution to make Sabah and Sarawak equal partners with Peninsular Malaysia.
Liew, a Sabah MP, said he and Economic Affairs Minister Mohamed Azmin Ali had been tasked to work together with opposition MPs to come up with a consensus to amend parts of the constitution, especially Article 1(2).
Sri Ram said he believed the PH government had the necessary numbers in the Dewan Rakyat to make the amendments, with the support of other MPs especially from Sabah and Sarawak.
PH and its allies in Sabah hold 126 of the 222 seats in the Dewan Rakyat, 23 short of the number needed to reach the supermajority.
Reforms being considered include separating the position of the attorney-general and public prosecutor, limiting the tenure of the prime minister to two terms, and upgrading the status of the Judicial Appointments Commission.
Sri Ram said senators in the Dewan Negara should support any amendment to the constitution once Dewan Rakyat members give their approval.
“If they believe in democracy and our system of governance, the appointed senators must also approve the amendments,” he said.
He also suggested that the prime minister advise the Yang di-Pertuan Agong to sack the federal-appointed senators if they were not cooperative.
“The power to appoint senators by the king must include the power to remove them,” he said, adding that the king should appoint senators nominated by the prime minister.
Last month, the Dewan Negara rejected the repeal of the Anti-Fake News Act by 28 votes to 21, while three senators abstained.
This was despite Dewan Rakyat MPs approving the bill to abolish the act, which was passed under the previous administration just a month before the May 9 polls that brought PH to power.
The term of office of senators is three years and is not affected by the dissolution of the Dewan Rakyat.
Under Article 45, the king appoints 44 members of the Dewan Negara on the advice of the prime minister.
Another 26, who represent the 13 states in the federation, are elected by their respective state assemblies.