The Election Commission of Malaysia ( ms, Suruhanjaya Pilihan Raya Malaysia), abbreviated SPR or EC, is a commission set up for ensuring fair and equitable operations in undertaking the
elections in Malaysia
Elections in Malaysia include elections to public office of the political entities that since 1963 have composed the federation of Malaysia. At present, elections in Malaysia exist at two levels: federal level and state level. Federal level elec ...
. Its establishment is mandated by executive order of the former
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Mahathir Mohamad
Mahathir bin Mohamad ( ms, محاضير بن محمد, label= Jawi, script=arab, italic=unset; ; born 10 July 1925) is a Malaysian politician, author, and physician who served as the 4th and 7th Prime Minister of Malaysia. He held the office ...
. The agency falls under the purview of the
Prime Minister's Department
A cabinet department or prime minister's department is a department or other government agency that directly supports the work of the government's central executive office, usually the cabinet and/or prime minister, rather than specific ministe ...
.
History
The Election Commission (EC) was formed on 4 September 1957, under Article 114 of the
Constitution of Malaysia
The Federal Constitution of Malaysia ( ms, Perlembagaan
Persekutuan Malaysia) which was promulgated on 16 September 1963, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document which was preceded ...
, which empowers it to conduct elections for the
Dewan Rakyat
The Dewan Rakyat (English: 'House of Representatives'; ) is the lower house of the bicameral Parliament, the federal legislature of Malaysia. The chamber and its powers are established by Article 44 of the Constitution of Malaysia. The Dewan Ra ...
and state legislative bodies.
At its establishment, the EC only consisted of a chairman and two members – Datuk Dr Mustafa Albakri Hassan together with Lee Ewe Boon and Ditt Singh.
A secretariat was also set up to fulfil the commission's functions and carry out its decisions, with a secretary made the chief administrator. The first EC secretary was H. Cassidy.
After the formation of
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
in 1963 and the inclusion of
Sabah
Sabah () is a States and federal territories of Malaysia, state of Malaysia located in northern Borneo, in the region of East Malaysia. Sabah borders the Malaysian state of Sarawak to the southwest and the North Kalimantan province of Indone ...
and
Sarawak
Sarawak (; ) is a States and federal territories of Malaysia, state of Malaysia. The largest among the 13 states, with an area almost equal to that of Peninsular Malaysia, Sarawak is located in northwest Borneo Island, and is bordered by the M ...
, another member was added to represent the two states on a rotation basis. Datuk Abang Marzuki Nor from Sarawak was the first such member appointed.
An amendment to Article 114 made in 1981 provided for the new post of a deputy chairman, and Abdul Rahman Abdul Hassan was the first to hold this position.
Today, the EC has a chairman, a deputy chairman and five members, all appointed by the
Yang di-Pertuan Agong
The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The of ...
after consulting the
Conference of Rulers
The Conference of Rulers (also Council of Rulers or Durbar, ms, Majlis Raja-Raja; Jawi: ) in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or ''Yang di-Pertua Negeri'' of the other four states. It was ...
.
Constitutional mandate
Under Article 114, the Commission is empowered to "conduct elections to the House of Representatives (''
Dewan Rakyat
The Dewan Rakyat (English: 'House of Representatives'; ) is the lower house of the bicameral Parliament, the federal legislature of Malaysia. The chamber and its powers are established by Article 44 of the Constitution of Malaysia. The Dewan Ra ...
'', the lower house of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
) and the Legislative Assemblies of the States". Under the Constitution of the independent
Federation of Malaya
The Federation of Malaya ( ms, Persekutuan Tanah Melayu; Jawi script, Jawi: ) was a federation of what previously had been British Malaya comprising eleven states (nine Malay states and two of the British Empire, British Straits Settlements, P ...
, the Commission comprised one Chairman and two members, but after Malaya merged with
North Borneo
North Borneo (usually known as British North Borneo, also known as the State of North Borneo) was a British Protectorate, British protectorate in the northern part of the island of Borneo, which is present day Sabah. The territory of North Borneo ...
,
Sarawak
Sarawak (; ) is a States and federal territories of Malaysia, state of Malaysia. The largest among the 13 states, with an area almost equal to that of Peninsular Malaysia, Sarawak is located in northwest Borneo Island, and is bordered by the M ...
and
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
to form Malaysia, the Commission's membership was expanded by constitutional amendment to provide for an additional member from Sabah or Sarawak. A 1981 amendment to the Constitution added another member and created the post of Deputy Chairman.
[Rachagan, S. Sothi (1993). ''Law and the Electoral Process in Malaysia'', pp. 28–29. Kuala Lumpur: University of Malaya Press. .]
The Commission has the power to delimit
constituencies
An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other polity ...
, revise the electoral roll of registered voters, and regulate the manner in which elections are conducted. Although the Constitution does not refer to the Commission as being a body independent from influence by the government or otherwise, constitutional scholars have generally considered the Constitution as intending to protect the independence of the Commission. Among other things, commissioners are protected by
tenure
Tenure is a category of academic appointment existing in some countries. A tenured post is an indefinite academic appointment that can be terminated only for cause or under extraordinary circumstances, such as financial exigency or program disco ...
, and may only be removed through the same procedure as a judge of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. The terms of remuneration of a commissioner cannot be altered to his disadvantage after he has been appointed.
Members of the Commission are appointed by the
Yang di-Pertuan Agong
The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The of ...
(King), who must consult with the
Conference of Rulers
The Conference of Rulers (also Council of Rulers or Durbar, ms, Majlis Raja-Raja; Jawi: ) in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or ''Yang di-Pertua Negeri'' of the other four states. It was ...
and appoint a Commission which has the confidence of the public. Although the Constitution does not expressly require consultation with the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
in this regard, it has been argued that under Article 40 of the Constitution, the King cannot act on his own discretion unless explicitly stated; in all other cases, he must acquiesce to the advice of the Prime Minister, and as such the appointments to the Commission are made with the advice of the Prime Minister. Members of the Commission retire at the age of 65.
Functions
Apart from regulating elections, the EC's duties include reviewing the boundaries of parliamentary and state constituencies, holding by-elections and carrying out registration exercises.
It also collects information on newly developed areas to ensure a fair representation of voters in each constituency, promotes awareness on how important it is to vote and revises the electoral roll by deleting the names of those who are dead or have been disqualified.
On polling day, EC members and officers will be stationed at polling centre nationwide to oversee the process.
Controversies
The EC has been accused of being half-hearted in electoral reforms and in 2012, the chairperson and the deputy chairperson was accused to be members of the ruling party. Both individuals admitted to may have been members at some point, but the deputy chairperson later retracted the admission and denounced it as an attempt to besmirch the EC.
During the 14th Malaysia General Election on 9 May 2018, EC was accused of allowing gross
gerrymandering
In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The m ...
and malapportionment practices by the incumbent government. It was also reprimanded as the ballot counting process was the longest in Malaysia's history, with the results still being streamed in after 4 a.m. the following day (10 May 2018, GMT +8:00). EC has also been accused of making the election day on a weekday rather a weekend. It currently denies that it tried to stop overseas Malaysians to vote.
Members of the Election Commission
Current list as of March 2021
[ ]
List of chairmen of the Election Commission
Notes and references
Mohamed-Rela-Appointment
External links
Official website*
{{authority control
Election Commission of Malaysia,
Government agencies established in 1957
1957 establishments in Malaya
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...