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THE MALAYSIAN GOVERNMENT & ITS ADMINISTRATIVE STRUCTURE

THE MALAYSIAN GOVERNMENT & ITS ADMINISTRATIVE STRUCTURE. Prepared by: Ms. Narimah Hashim Jabatan Perakaunan & Kewangan Fakulti Ekonomi & Pengurusan, UPM. INTRODUCTION.

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THE MALAYSIAN GOVERNMENT & ITS ADMINISTRATIVE STRUCTURE

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  1. THE MALAYSIAN GOVERNMENT & ITS ADMINISTRATIVESTRUCTURE Prepared by: Ms. Narimah Hashim Jabatan Perakaunan & Kewangan Fakulti Ekonomi & Pengurusan, UPM NHashim....UPM....21.7.2006

  2. INTRODUCTION • The administration of the Malaysian Government is based on a system of Parliamentary democracy with a Constitutional Monarchy (Refer to Lecture 2 PPT 15-19) • All qualified citizens have equal rights in determining who shall govern the country through a general election NHashim....UPM....21.7.2006

  3. CONCEPT OF SEPARATION OF POWERS • The administrative governance of our country is based on the concept of the separation of powers • This concept originated in France during the rule of King Richard the Lion Heart • With the objective of ensuring a just & fair government, and to avoid a governance of injustice & cruelty • The U.S. Government is believed to comply fully with this concept NHashim....UPM....21.7.2006

  4. STRUCTURE OF THE GOVERNMENT • To facilitate the administration of the country, the government administrative structure is divided into 3 major components: • The Legislative (Badan Perundangan) • The Executive (Badan Pemerintah) • The Judicial (Badan Kehakiman) NHashim....UPM....21.7.2006

  5. ARTICLE 44 OF THE FEDERAL CONSTITUTION • With respect to the Legislative Body or Federal Legislature: • States that “ The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the YDPA & two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) & Dewan Rakyat (House of Representatives) NHashim....UPM....21.7.2006

  6. ARTICLE 39 OF THE FEDERAL CONSTITUTION • With respect to the Executive Body: • States that “The executive authority of the Federation shall be vested in the YDPA & exercisable, subject to the of any Federal law & of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet, but Parliament may by law confer executive function on other persons.” NHashim....UPM....21.7.2006

  7. ARTICLE 121(1) OF THE FEDERAL CONSTITUTION • With respect to the Judiciary Body: • States that “Subject to Clause (2) , the Judicial Power of the Federation shall be vested into High Courts of co-ordinate jurisdiction & status, namely one shall be known as the High Court in Malaya & one in the States of Sabah & Sarawak and shall be known as the High Court in Borneo” NHashim....UPM....21.7.2006

  8. ARTICLE 121(2) OF THE FEDERAL CONSTITUTION • States that: • The following jurisdiction shall be vested in a court which shall be known as the Supreme Court & shall have • (a) exclusive jurisdiction to determine appeals from decisions of a High Court or judge thereof • (b) such original or consultative jurisdiction as specified in Articles 128 and 130, & • (c) such other jurisdiction as may be conferred by or under Federal law NHashim....UPM....21.7.2006

  9. SEPARATION OF POWERS • Each of the 3 major components has a clear & distinctive powers • The Legislative Body have been given the power to make laws & this power is not given to any other body • The Executive Body has the power to administer the nation & to execute the laws made by the Legislative Body • But have no power to make laws nor involved judicial matters NHashim....UPM....21.7.2006

  10. SEPARATION OF POWERS • The Judicial Body has the power to pass judgments but have no power to make laws nor the power to administer the nation • The Judicial also has the power to determine whether there has been compliance with the law or not • Thereby ensuring that nobody in the Government could have absolute power to govern the nation NHashim....UPM....21.7.2006

  11. LEGISLATIVE POWERS • Means having the powers: • To make laws or amend existing laws • To levy taxes or to change the existing tax laws • To sanction expenditure of public money NHashim....UPM....21.7.2006

  12. CATERGORY OF COURTS • Superior courts consists of The Supreme Court & the 2 High Courts i.e. • High Court in Malaya • High Court in Borneo (Sabah & Sarawak) • Subordinate Courts consists of the Magistrate Courts & the Session Courts • Federal Court & Appeal Courts have been abolished NHashim....UPM....21.7.2006

  13. POWERS & ROLE OF THE YDPA • The Yang Di-Pertuan Agung (YDPA) is the highest power in the administrative structure of the Malaysian Government • Acts as the Head of the Nation (Paramount Ruler) with a wide range power • Plays a prominent role in the operational activities of the Federal Government • He can exercised his executive powers himself or be exercised by the Cabinet or by any other minister that has been given this power NHashim....UPM....21.7.2006

  14. POWERS & ROLE OF THE YDPA • There are 3 important matters that can only be exercised by the YDPA or he may act in his discretion the performance of the following functions: • (1) The appointment of a Prime Minister • (2) The withholding of consent against the request for a dissolution of Parliament, and • (3) To request for a meeting of the Conference Rulers concerning special privileges, status, sovereignty & powers of each Sultans NHashim....UPM....21.7.2006

  15. ARTICLE 55 OF THE FEDERAL CONSTITUTION • Provide YDPA the powers: • To summon Parliament & • To not allow six months to elapse between sittings in each session • To prorogue (to put an end to a meeting) or dissolve Parliament NHashim....UPM....21.7.2006

  16. OTHER POWERS OF THE YDPA • To appoint the Attorney General & the Auditor General • To pronounce a state of emergency in a situation when the peace & stability of the nation is at stake • To appoint a Deputy YDPA when the YDPA himself is unable to carry out his functions owing to illness or is not in the Federation for a period of more than 15 days NHashim....UPM....21.7.2006

  17. CONFERENCE OF RULERS • Consists of all the rulers of the Federated Malay states & the Yang Di-Pertua for states without rulers • Has a special position in the administrative structure of the nation for it is responsible for electing the YDPA • If there is any change in policy affecting administrative action under Article 153 is made, the Conference of Rulers shall be consulted NHashim....UPM....21.7.2006

  18. ARTICLE 153 OF THE FEDERAL CONSTITUTION • Grants the YDPA, or King of Malaysia, the responsibility for safeguarding the rights & privileges of the Malay, & other indigenous people of Malaysia, collectively referred to as Bumiputra. • It specifies how the Federal Government may protect the interest of these groups by establishing quotas for entry into the civil service, public scholarships & public education. • It is often considered to be part of a social contract NHashim....UPM....21.7.2006

  19. FUNCTIONS OF THE CONFERENCE OF RULERS • In their discretion may act: • To elect & to remove from office the YDPA or its deputy • To give or withholding of consent to any law altering the boundaries of a State or affecting the privileges, position, honors & dignities of the Rulers NHashim....UPM....21.7.2006

  20. FUNCTIONS OF THE CONFERENCE OF RULERS • The agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole, • Or to deliberate on questions of national policy, and • Any other matter that it thinks fit NHashim....UPM....21.7.2006

  21. COMMISSIONS • All Commissions are set up directly under the powers of the YDPA • The Federal Constitution provide for the setting up Commissions • Generally of 2 types, permanent or temporary • The objective is to allow them to act & take action independently in carrying out their tasks of achieving justice & fairness NHashim....UPM....21.7.2006

  22. COMMISSIONS • The Federal Constitution provides for the setting up of the Election Commission and various others such as: • Judicial & Legal Services Commission • Public Service Commission • Education Service Commission • Police Force Commission NHashim....UPM....21.7.2006

  23. COMMISSIONS • All the above are examples of permanent commissions • There are also special commissions set up by the Government to look into specific issues or problems • These commissions are on a temporary basis and will be dissolved once the matter or issue has been settled • Example Salary Commission such as the Harun Commission & Suffian Commission NHashim....UPM....21.7.2006

  24. LEGISLATIVE POWER & THE PARLIAMENT • Article 44 of the Federal Constitution: The legislative authority of the Federation is vested in the Parliament which consists of the YDPA & the 2 Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) & Dwan Rakyat (House of Representatives) NHashim....UPM....21.7.2006

  25. THE LEGISLATIVE BODY • Consists of: • HRH The Yang Di-Pertuan Agung • Dewan Negara • Dewan Rakyat • The Dewan Negara is the higher house & is generally known as the SENATE • Has the responsibility of debating in greater details any bill passed from the House of Representative, & to debate on any matters of public interest NHashim....UPM....21.7.2006

  26. THE SENATE MEMBERS • The elected & appointed members consists of: • 2 members from each State shall be elected in accordance with the Seventh Schedule (total 26 members elected through the State Legislative Council)) • 2 members for the Federal territory of Kuala Lumpur & one member for the Federal Territory of Labuan , appointed by the YDPA NHashim....UPM....21.7.2006

  27. SENATE MEMBERS • 40 other members be elected by the YDPA making a total of 69 Senate members altogether • Criteria for Senate members “shall be persons who have rendered distinguished public services or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or representative of racial minorities & or capable of representing the interests of the aborigines.” NHashim....UPM....21.7.2006

  28. PRESIDENT OF THE SENATE • Or Yang dipertua Dewan Negara leads the Senate & chairs every Senate meetings • The Federal Constitution states that a person elected to this office must first be a member of the Senate • The term of office is for 3 years & maybe extended if the need arises NHashim....UPM....21.7.2006

  29. SENATE MEMBERSHIP • The Parliament has the authority to change the number of members elected to the Senate: • Increase the members from each State subject that these members be elected by the direct vote of the electors of that State • Decrease the number, or • Abolish appointed members NHashim....UPM....21.7.2006

  30. THE HOUSE OF REPRESENTATIVES • The House of Representatives provide citizens of the nation an avenue to voice out their aspirations through their elected • Consisting of 219 representatives who have been elected through A General Election to office for a period of 5 years • The party with the highest membership will form the ruling government NHashim....UPM....21.7.2006

  31. MEMBERS OF THE HOUSE OF REPRESENTATIVES • Consisting of: • 26 members from Johore; 15 members from Kedah; 14 members from Kelantan, 6 members from Malacca, 8 members from Negeri Sembilan, 14 members from Pahang, 13 members from Penang, 24 members from Perak, 3 members from Perlis, 25 members from Sabah; 28 members from Sarawak; 22 members from Selangor; 8 members from Trengganu; and NHashim....UPM....21.7.2006

  32. MEMBERS OF THE HOUSE OF REPRESENTATIVES • 13 members from the Federal Territories of Kuala Lumpur, Labuan & Putrajaya consisting of: • 11 members from Federal Territory of Kuala Lumpur • 1 from Federal Territory of Labuan, & • 1 from Federal Territory of Putrajaya • (Source Cetakan MDC 2006) NHashim....UPM....21.7.2006

  33. SPEAKER OF THE HOUSE OF REPRESENTATIVES • Also known as the Yang Dipertua Dewan Rakyat • Is elected from members of the House of Representatives, & if not a member elected of the Lower House shall be elected through a general election • Terms of office is for a period of one Parliament session NHashim....UPM....21.7.2006

  34. FUNCTIONS OF THE SPEAKER • He is the ‘caretaker’ for conducting meetings till a new government has been set up after every general election • Two other members can also be elected as deputyspeakers NHashim....UPM....21.7.2006

  35. SECRETARY TO THE HOUSE OF REPRESENTATIVES • The Head of the Parliament Department is also known as the Parliamentary Secretary of Malaysia is also the Secretary for the House of Representatives • He is responsible for the management of all the management meetings of the House of Representatives & their sittings • Some of its duties include call for meetings, sending notices of meetings, producing reports of meetings & other tasks of administrating the management of the Parliament NHashim....UPM....21.7.2006

  36. HEAD OF COUNCIL MEETINGS OF SENATE & HOUSE OF REPRESENTATIVES • In the provision for the meetings of the Senate & House of Representatives, there is an office for the Head of the two Houses of Parliament & for its Deputy • Generally, Head of the Houses is the Head of the governing party or the Prime Minister, who is responsible to set the dates for any meetings NHashim....UPM....21.7.2006

  37. SPECIAL COMMITTEES • From time to time, special committees have been set up to carry out specific tasks. Currently amongst them are: • Selection Committee • Public Accounts Committee • House Committee • Committee for Rights & Freedom • Meeting proceedings Committee NHashim....UPM....21.7.2006

  38. LEGISLATIVE PROCEDURES • The powers of the Parliament to makes laws is exercised by Bills passed by both Houses & having assented by the YDPA • The YDPA shall within 30 days after a Bill is presented to him give assent to the Bill by affixing the Public Seal • If a Bill is not assented within a specified period (30 days), it shall become law at expiration of the time specified • No law shall come into force unless gazetted NHashim....UPM....21.7.2006

  39. ARTICLE 66 OF THE FEDERAL CONSTITUTION • Specifically, a Bill (proposed law) may originate in either House, but rarely from the Senate • Normally a minister introduces a Bill • A money Bill has to be originated from the House of Representatives & introduced by the Minister of Finance NHashim....UPM....21.7.2006

  40. ARTICLE 66 OF THE FEDERAL CONSTITUTION • The minister draw up its policy in consultation with the Attorney-General • Then Cabinet approval is sought • Interested parties such as the treasury & other ministries will expressed their views on the proposed bill • The Cabinet approval is again sought to have the Bill drafted NHashim....UPM....21.7.2006

  41. ARTICLE 66 OF THE FEDERAL CONSTITUTION • Parliamentary draftsmen will draft the Bill & upon completion, the drafted Bill is resubmitted to the Cabinet to have the Bill introduced in Parliament • Upon securing such approval, the Minister gives notice of his intention to introduce the Bill to the clerk of the House of Representatives & the clerk of the Senate NHashim....UPM....21.7.2006

  42. ARTICLE 66 OF THE FEDERAL CONSTITUTION • The clerk of the House will then instruct the Government Printer to print the Bill & supplies copies to all members • In each House, a bill is required to go through the first reading, second reading , then a committee stage & a third reading NHashim....UPM....21.7.2006

  43. FIRST READING • Minister will read short titles of a Bill • The clerk will read the long titles of the Bill • Mr. Speaker will ask the Minister for date of second reading • No debate is allowed during the first reading NHashim....UPM....21.7.2006

  44. SECOND READING • The most important stage when general principles of the Bill are debated • To proceed with the Second Reading, the Minister must move a motion by giving 7 days notice • Minister will speak on the objectives & principles of the Bill & debate on the objectives & principles NHashim....UPM....21.7.2006

  45. THE COMMITTEE STAGE • Mr. Speaker will say ‘House in Committee’ • The House is thus permitted to state the debate • Debate on the details in clauses of the Bill where lots of questions will be put forward regarding the Bill • After the debate, if necessary the bill can be amended NHashim....UPM....21.7.2006

  46. THIRD READING • The Minister will move the Bill by saying “Mr. Speaker Sir, I beg to move the Bill be read a third time” & passed. • Another member will second the motion • After the Bill has been passed by the House of Representatives, it will be submitted to the Senate • At the Senate meeting the same processes will take place NHashim....UPM....21.7.2006

  47. ARTICLE 66 OF THE FEDERAL CONSTITUTION • Once the Bill is passed by both Houses, it is then submitted to the King for his assent • For the law to become into force, it must first be published in the Government Gazette NHashim....UPM....21.7.2006

  48. ROLES OF THE PARLIAMENT • Has the responsibility to control public finance • Taxes & rate charges can be increased only through the authority of the Parliament as provided by the Federal Constitution • All revenue earned shall be entered into the Federal Consolidated Funds & all expenditures require the authorization & sanction by the Parliament NHashim....UPM....21.7.2006

  49. ROLES OF THE PARLIAMENT • The Parliament also provide the forum for the public to give their opinions or criticisms regarding welfare of the nation • During Parliamentary debates, all policies and actions of the ruling Government shall be coordinated in line with public opinion NHashim....UPM....21.7.2006

  50. PARLIAMENTARY PRIVILEGES • The Federal Constitution provide several rights & legislative protection referred to as Parliamentary privileges; to enables Parliament to operate and implement the responsibilities trusted to them effectively • The privileges is extended to each House of Parliament & to every member NHashim....UPM....21.7.2006

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