KUALA LUMPUR: Political and economic stability as well as various election-related issues can be resolved with the introduction of a fixed term for both Parliament and state legislative assemblies, according to a renowned constitutional expert.
The idea to have a fixed-term Parliament and state assemblies have been voiced by many experts over the years, including Universiti Malaya Prof Emeritus Datuk Dr Shad Saleem Faruqi.
The Star had on Tuesday reported that experts wanted a Fixed-Term Act to be legislated as it will reduce cost, political fatigue and endless politicking, aside from ensuring political and economic stability. When contacted, Prof Shad Saleem said a fixed term would also extend the lifeline of MPs and assemblymen as they will have a full uninterrupted five years to perform their duties.
Now that many experts have agreed that a fixed-term method is vital for the country, he said it was time for everyone to delve deeper into the proposal by looking at all possible issues that may arise from it and finding solutions.Firstly, he explained that a fixed-term method can be introduced by amending several provisions in the Federal Constitution and subsequently, by legislating a new Act.
“For example, Article 55 (3) uses the words ‘Parliament unless sooner dissolved, shall continue for five years.’ We have to take this out and replace it with ‘The life of Parliament shall be a fixed term of five years from the date of its first meeting’.
“Next, Article 40 (2) (b) provides the discretion to the Yang di-Pertuan Agong to prematurely dissolve Parliament. If it’s going to be a fixed term, it means no one can have the power to do this anymore, including the Prime Minister and state mentris besar and chief ministers.
“There are many provisions in the Constitution that we have to look into and amend. It’s not going to be a simple solution,” he said.After the amendments to the Constitution is done, Prof Shad Saleem said the government could then look into introducing a Fixed Term Act. He, however, cautioned that a thorough study must be done to ensure that the Act is able to resolve all issues that may come with it, including a vote of no confidence and a hung Parliament.
“However, there should be one exception in the fixed-term method, which is to say that if a two-thirds majority of the House demands an election, then it must be held without following the five-year term,” said Prof Shad Saleem.In the event of a hung Parliament, he said the King could appoint a caretaker government before a more permanent arrangement can be made, either through the palace or an election.
“In other words, an incumbent will be holding the fort temporarily until a new arrangement can be worked out because it will take time,” he added.
Meanwhile, asked if the process of amending the Constitution and drafting a new Act would take a long time, lawyer Azwan Mat Hussain said since Prime Minister Datuk Seri Anwar Ibrahim now has a two-thirds majority in the Dewan Rakyat, this process could only take a few months.
“The entire process of drafting, bringing it to Parliament and getting royal consent will take about two parliamentary sessions or around six months to one year.
“With a two-thirds majority and four and a half years more to go, the current unity government can get it done,” he said.
