From Philip Koh
The passage of the anti-hopping bill is to be welcomed. Citizens in a democracy find it unacceptable when an elected member of Parliament defects to another party and yet suffers no consequence.
For the first time the Federal Constitution gives express recognition that a member is elected as a member of a political party. Hitherto the constitution avoided reference to party political affiliation as it strove to be neutral, reflecting norms for proper constitutional governance and relying on political actors respecting conventions.
The new addition, Article 49A, rightly says that a member of a political party who is elected to Parliament “shall cease to be a member of the (House of Representatives)” and his seat “shall become vacant immediately” if such a member resigns his party membership or ceases to be a member. The language is mandatory and merely directory.
Article 49A(2) provides exception to him being disqualified i.e., unless his cessation as a member is a result of dissolution or cancellation of the registration of the political party or if he is expelled by his party. The exceptions are also very apt and fair as his membership in Parliament ought not be impaired by unilateral actions that are not due to his defection.
Article 49A(4) is significant as it addresses the process upon which it is to be determined. It provides that whenever the Speaker receives a written notice from any member of the House of Representatives on the occurrence of a casual vacancy under Article 49A, the “Speaker shall establish that there is such a casual vacancy and notify the Election Commission accordingly within 21 days from the date the Speaker received the written notice .”
Article 49A(4) then mandates that a by-election under Article 54 be held and the casual vacancy be filled within 60 days from the date the Election Commission receives the notification.
This again is to be welcomed so that the democratic mandate by the electorate may be restored for that constituency.
A further matter of interest is the definition of political party under this bill, enlarged to include “a coalition of such societies which has been registered under any federal law”.
This is significant as again it breaks the precedent of the constitution being silent on party affiliations and now extending even to a registered coalition.
The passage of this bill in Parliament today represents a healthy step towards restoring sanity and stability to the august house of representatives.
It augurs well for the maturing of parliamentary democracy, and the law minister and civil society who have mooted and nurtured this bill’s passage should be congratulated.
Philip Koh is an adjunct professor at Universiti Malaya and an FMT reader.
The views expressed are those of the writer and do not necessarily reflect those of FMT.