1993 Amendments To The Constitution of Malaysia - Parliamentary Debates and Resolutions

Parliamentary Debates and Resolutions

The press reports on Gomez plight triggered widespread moral outrage within the Malaysian public. A special parliamentary session was held on 10 December 1992 which saw all 96 members of the Dewan Rakyat present to pass a unanimous resolution to curb the powers of the rulers if necessary. The subsequent parliamentary session on December 27 saw discussions to remove legal immunity which agitated Sultan Iskandar to hold a rally to oppose the government's actions, but was forced to cancel after intense government pressure. Members of the opposition party had a passive stance towards the government's proposals, particularly from Semangat 46.

A ruler's session was held on 16 January 1993, the following year, which requested the government for additional time for consideration of the government's decision. After extensive negotiation, some rulers chose to refuse to endorse the proposed changes to the Federal Constitution, even after the offer for a special court to prosecute the rulers was proposed, claiming that the implementation of a special court would bring about difficulties in legal technicalities.

The proposed amendments also came with the rule to allow commoners to criticise the Sultans, even the Yang di-Pertuan Agong without fear of the Sedition Act, with the exception of questioning the legitimacy of the monarchy of Malaysia. In addition, the proposed amendments also sought to limit the power of the rulers to pardon offences of family members. Public criticisms of the rulers was also allowed by amendments to the Sedition Act, which makes it no longer an offence to criticise the royalty except to areas pertaining to their legitimate existence.

Nevertheless, parliamentary sessions on subsequent days saw the Dewan Rakyat table the proposed amendments in spite of the Sultans' objections, citing as far to say that there was no need to obtain royal assent to implement laws. Back in 1983, Mahathir's cabinet managed to pass ten years earlier. Shortly before the Dewan Rakyat concluded its session, 133 out of 180 MPs passed the proposed changes although members of the opposition parties abstained from voting, citing indifferences. The following day, Dewan Negara passed a unanimous resolution to approve of the proposed amendments.

The three rulers, on the other hand, continued to withhold their consent to the amendments which saw the government threatening to withdraw the privileges and continued attacks via the national media on instances of royal excesses of their extravagant lifestyles and even hinting a possibility of ending constitutional monarchy in Malaysia, such as the publication of an article of monarchs who abdicated or were disposed since World War II. A compromise was reached with the Agong when the government offered a compromise which allowed the rulers to delay any legislation within sixty days, provided that the delays were given reasons. The previous proposals offered only a delay of fifteen days for any legislation that were to be raised in parliament.

The Dewan Rakyat passed its implementation on 8 March 1993, while the Dewan Negara approved of its implementation on 30 March. A new chapter, Part XV of the Constitution entitled "Proceedings against the Yang di-Pertuan Agong and the Rulers" was also enshrined.