KUALA LUMPUR: Increasing the number of MPs from Sabah and Sarawak will require an amendment to Article 46 of the Federal Constitution, says M. Kulasegaran.
The Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) said Article 46 of the Federal Constitution concerns the composition of Dewan Rakyat members.
"Such an amendment requires the agreement of two-thirds of MPs.
"The Attorney General's Chambers (AGC) has advised that this two-thirds requirement is necessary and we are bound by it," he said during a Special Chamber session in the Dewan Rakyat on Tuesday (Nov 19).
The Federal Government has been urged to restore the one-third quota of parliamentary seats for Sarawak and Sabah to prevent constitutional amendments that could jeopardise their interests under the Malaysia Agreement 1963 (MA63).
Currently, there are 56 MPs from Sabah and Sarawak (31 from Sarawak and 25 from Sabah), which accounts for 25% of the 222 seats in Parliament.
An additional 22 seats will need to be allocated to the Borneo States to achieve the one-third quota as stipulated in MA63.
Following the formation of Malaysia in 1963, Sabah, Sarawak, and Singapore collectively held one-third of the parliamentary seats out of a total of 159.
After Singapore left Malaysia in 1965, the agreed quota was supposed to be redistributed between Sabah and Sarawak.
Kulasegaran said the government views the request as a significant step to ensure political balance, recognise Sabah and Sarawak's unique status in the formation of Malaysia and honour the autonomy enshrined in MA63.
He added that during the MA63 Implementation Action Council meeting on Sept 12 in Kota Kinabalu, it was agreed that the AGC would collaborate with the Attorney General's Offices of Sabah and Sarawak to examine the legal interpretation and legitimacy of safeguards for this proposal.
"In line with existing laws, the Election Commission (EC) is tasked with conducting constituency reviews under Clause (2) of Article 113 of the Federal Constitution.
"These reviews must adhere to the principles and procedures outlined in Parts 1 and 2 of Schedule 13 of the Constitution," he said.
