Constitution of Malaysia - Election Commission

Election Commission

The Constitution establishes an Election Commission (EC) which has the duty of preparing and revising the electoral rolls and conducting the Dewan Rakyat and State Legislative Council elections. The EC is also required to review the division of Federal and State constituencies and recommend changes in order that the constituencies comply with the provisions of the 13th Schedule on the delimitation of constituencies (Art. 113(2)). The EC can itself determine when such reviews are to be conducted but there must be an interval of at least 8 years between reviews (Art. 113(3)).

All 7 members of the EC are appointed by the Yang di-Pertuan Agong (acting on the advice of the Cabinet), after consulting the Conference of Rulers. To enhance the independence of the EC, the Constitution provides that: (i) The Yang di-Pertuan Agong shall have regard to the importance of securing an EC that enjoys public confidence when he appoints members of the commission (Art. 114(2)), (ii) the members of the EC cannot be removed from office except on the grounds and in the same manner as those for removing a Federal Court judge (Art. 114(3)) and (iii) the remuneration and other terms of office of a member of the EC cannot be altered to his or her disadvantage (Art. 114(6)).

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