by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, in Petaling Jaya on Tuesday, June 15, 1993:
Speaker’s suggestion that constitutional amendments should require only a simple majority will be a political disaster of the first order if implemented
The Speaker of Dewan Rakyat, Tan Sri Zahir Mohd. Ismail, suggested yesterday that constitutional amendments should require only a simple majority and not a two-thirds majority. It will be a political disaster of the first order if the Speaker’s suggestion is implemented.
The reason given by the Speaker that there are many anomalies in the Federal Constitution because it is too detailed is not strong enough to abandon the two-thirds requirement for the amendment of the constitution and its replacement by a simple majority rule.
For instance, the two new proposals to amend the Federal Constitution announced by the Prime Minister, Datuk Seri Dr. Mahathir Mohamed, last Friday cannot be classified as correction of anomalies, but are substantive amendments to the Constitution.
Firstly, the proposed amendment to Article 43(B) to allow Tun Mustapha to be appointed Federal Minister for Sabah Affairs without having to resign his Usukan state assembly sear in Sabah is a major amendment and not to correct any anomaly.
Dr. Mahathir claimed that it is an anomaly that the Sabah and Sarawak Chief Minister could be a Member of Parliament, but a Federal Minister could not be an assemblyman.
Dr. Mahathir should first understand the history for such a provision. The rationale the Sabah and Sarawak Chief Minister allowed to become Members of Parliament was to contribute towards the territorial integration of these two states in Malaysia as well as the fostering of closer relations between the government of these two states with the Federal government – and therefore to serve the cause of Malaysia nation-building.
What is the reason for the amendment of the Federal Constitution to allow Tun Mustapha to continue as Sabah State Assemblyman while being appointed Federal Minister for Sabah Affairs? Clearly, the whole rationale for such an amendment is not to serve the cause of nation-building or to further territorial integration, but to save UMNO the embarrassment of having to fight a by-election in Usukan which it might lose!
Tun Mustapha has not been attending the Sabah State Assembly meeting and he will nor take part in the Sabah State Assembly proceedings even if he is allowed to continue as Usukan State Assemblyman after he had been sworn in as Federal Minister.
The second amendment which Dr. Mahathir had announced has also nothing to do with any anomaly in the Federal Constitution.
The UMNO Supreme Council has decided that the Federal Constitution should be amended to bar any by-elections from being held within the last two years when general elections must be called.
This restriction on the holding of by-elections within two years of the completion of the five-year term of Parliament and State Assemblies is a further denial of the democratic right of the people of Malaysia to pick the elected representative of their choice.
Once the two-thirds majority rule for amendment to the constitution is replaced by a simple majority rule, an Islamic State becomes an immediate possibility.
The Speaker’s reason that a simple majority should be adequate for amendment of the Federal Constitution is also faulty because this will affect important and fundamental provisions in the Constitution which are protected from whimsical amendments through the requirement for two-thirds majority support in Parliament.
In fact, the Speaker’s proposal would have far-reaching implications and repercussions on the entire nation-building process.
If the two-thirds rule is placed by a simple majority for the amendment of the Federal Constitution, fundamental provisions like the secular basis of the Malaysia government and nation would immediately come under threat – and the question of an Islamic State becomes an immediate possibility.
At present, it is not possible for anyone to amend the Federal Constitution to establish an Islamic State – provided all non-Malay or non-Muslim MPs, whether in government or Opposition, oppose it.
However, if only a simple majority is required for the amendment of the Constitution, then there is no way whatsoever for the non-Malay and non-Muslim Mps to influence and stop such an amendment to the Federal Constitution to revoke the secular basis of the nation and instal an Islamic State.
The secular basis of the Malaysia nation is not the only provision in the Federal Constitution which could be undermined if the two-thirds majority rule is replaced with a simple majority rule. Other provisions like the constitutional guarantees for study, teaching and use of Chinese and Tamil languages, the position of Chinese and Tamil primary schools, citizenship rights as well as part II on fundamental liberties could all come under jeopardy.
Call on MCA, Gerakan, MIC, SUPP and PBDS to declare their stand on replacing two-thirds majority with simple majority for constitutional amendments
For these reasons, the Speaker’s proposal for the replacement of the two-thirds majority rule for the amendment of the Federal Constitution whatsoever, and if this matter should be raised in Cabinet, the MCA, Gerakan, MIC, SUPP and PBDS Ministers should stand firm in their opposition and not compromise the fundamental constitutional rights of Malaysians of all races and religions in the country.
In view of the fact that the Speaker’s proposal will have such far-reaching consequences and repercussions on the constitutional rights of Malaysian, the component parties in Barisan Nasional – and in particular MCA, Gerakan, MIC, SUPP and PBDS – should publicly declare their stand.