Allocation Of Parliamentary Seats Intrinsically Linked To Constitutional Safeguards

Disiarkan pada 15 Apr 2025
Sumber Berita: UKAS


KUCHING: The allocation of parliamentary seats is not solely about representation but also intrinsically linked to preserving constitutional safeguards, said Deputy Minister in the Sarawak Premier's Department (Law, MA63 and State-Federal Relations), Datuk Sharifah Hasidah Sayeed Aman Ghazali.

She said while Sarawak welcomes the continuation of constructive dialogue on this issue, it is essential to recognise that parliamentary representation is not merely a matter of political negotiation.

"It is a constitutional obligation, firmly rooted in the principles and commitments enshrined in the Malaysia Agreement 1963 (MA63) and must be approached with due respect and mutual understanding,” she said in a statement today.

She said this in response to the statement made by Deputy Prime Minister, Datuk Patinggi Dr. Ahmad Zahid Hamidi on 14 April that the proposal to increase parliamentary seats for Sabah and Sarawak remains under discussion, and to the view expressed by Deputy Prime Minister, Dato Sri Fadillah Yusof that legal interpretations of the MA63 should be resolved amicably.

Datuk Sharifah Hasidah recalled that during the formation of Malaysia, the then Prime Minister of Malaya, Tunku Abdul Rahman acknowledged the aspiration to allocate 40 parliamentary seats to the Borneo Territories - 24 to Sarawak and 16 to Sabah.

"This allocation was significant. At the time, the Malayan Alliance Government held 77 seats in the House of Representatives and could amend the law and Constitution at will.

"However, with the addition of 40 seats from the Borneo Territories, such amendments could not proceed without the full support of the Bornean representatives.

"This allocation was seen as a crucial concession, intended to ensure meaningful representation and constitutional safeguards for the Bornean states within the Federation,” she added.

Additionally, the Inter-Governmental Committee (IGC) Report further reinforced this principle.

According to her, Paragraph 19(2) of the Report explicitly stated that the proportion of seats allocated to Sarawak and North Borneo must not be reduced, underscoring the importance of safeguarding the political weight, constifutional protections, and interests of the Bornean states.

At the time of Malaysia's formation, she noted that the allocation of parliamentary seats was not solely about representation but it was intrinsically linked to preserving constitutional safeguards.

Hence, Sarawak, Sabah, and Singapore were collectively allocated 35 per cent of the seats in the House of Representatives.

Datuk Sharifah Hasidah said this structure was deliberate, intended to prevent Malaya from holding a two-thirds majority and thereby averting unilateral amendments to the Federal Constitution.

"This principle of constitutional protection was further enshrined in Clause 66 of the Malaysia Bill which is appended as ‘Annex A’ to the Malaysia Agreement 1963 and subsequently incorporated into Article 16lE of the Federal Constitution.

"It explicitly safeguarded the number of seats allocated to the Borneo Territories (24 for Sarawak and 16 for Sabah), thereby ensuring that constitutional amendments which could affect these states would require their consent.

"However, over time, even as Sabah and Sarawak gained additional parliamentary seats, the number of seats for Malaya expanded disproportionately.

"This has eroded the original balance and diminished the constitutional safeguards that were initially established,” she said.

She explained that such an imbalance undermines the spirit of equal partnership envisioned in MA63.

It is therefore imperative to recognise that restoring the appropriate proportion of parliamentary representation for Sabah and Sarawak is not merely a political aspiration but a constitutional responsibility, she added.

Thus, Datuk Sharifah underscored the necessity in fulfilling the foundational framework of our federation.

"As we continue to strengthen the bonds of our federation, we must uphold the promises made at its inception,”she said. -UKASnews