Malaysia

Standing Orders supersede constitution when tabling motions: Takiyuddin

Federal constitution itself provides for this, says law minister

Updated 5 years ago · Published on 14 Nov 2020 3:00PM

Standing Orders supersede constitution when tabling motions: Takiyuddin
Law Minister Datuk Takiyuddin Hassan says the Standing Orders must be followed by all Dewan Rakyat members, including the speaker and deputy speakers. – The Vibes file pic, November 14, 2020

by Azril Annuar

KUALA LUMPUR – Any decision to accept or reject motions for tabling in the Dewan Rakyat must follow the Standing Orders, and not necessarily what is provided for in the federal constitution, said Datuk Takiyuddin Hassan.

In his written reply dated November 11, the de facto law minister told Datuk Johari Abdul (PH-Sg Petani) that the constitution itself allows for the Standing Orders to regulate parliamentary proceedings.

“Article 62(1) of the constitution provides that each parliamentary council must regulate itself based on the provisions in the federal constitution and federal laws. The Dewan Rakyat’s meeting Standing Orders are a regulation used for House proceedings.

“Therefore, the procedural process during a Dewan Rakyat meeting is based on the Standing Orders, which must be followed by all members, including the speaker and deputy speakers.

“Thus, accepting or rejecting any motions must be based on the provisions provided for in the Standing Orders.”

Johari had asked whether the Standing Orders hold a superior position to the constitution, following Dewan Rakyat Speaker Datuk Azhar Azizan Harun’s decision to reject no-confidence motions against Prime Minister Tan Sri Muhyiddin Yassin.

There have been numerous such motions from lawmakers, including former prime minister Tun Dr Mahathir Mohamad. – The Vibes, November 14, 2020

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