THE Election Commission cannot redraw the electoral boundaries of parliamentary and state constituencies without Parliament’s approval, constitutional experts said.

However, if a re-delineation proposal is to be tabled in Parliament, it will only require a simple majority, or at least 112 votes, to pass the bill, which is then presented to the Agong for royal assent. 

Barisan Nasional has 133 MPs. 

“The EC draws the boundaries… but Parliament must approve it,” said Azmi Sharom, associate professor of law at Universiti Malaya. 

The laws requiring Parliament’s approval for boundary changes are stipulated under Sections 9 to 12 of the 13th schedule of the federal constitution, which relates to provisions under Article 113 (see graphic).

“The Election Commission does not gazette the re-delineation or redraw boundaries,” said Malaysian Bar constitutional law committee co-chairman Surendra Ananth.

“Basically, the EC’s proposal for redrawn boundaries is passed to the prime minister, who tables it in Parliament. If it’s passed, then it is sent to Yang di-Pertuan Agong to be made an order.

“If Parliament does not pass the bill, then the prime minister may amend it, but it will have to be re-tabled. 

“Ultimately, Parliament must pass it before it can be made an order by the Yang di-Pertuan Agong.”

The first meeting of the sixth session of the 13th Parliament is scheduled from March 5 to April 5. 

There are 222 parliamentary constituencies and 576 state constituencies. The EC may re-delineate electoral boundaries at an interval of not less than eight years. The last re-delineation exercise was in 2003. 

The EC has carried out eight such exercises since it was set up in 1957 under Article 114 of the federal constitution. Its functions are stipulated under the Elections Act 1958, which also sets out the requirements it is required to follow.

The EC is appointed by the Agong after consultation with the Conference of Rulers. EC chairman Mohd Hashim Abdullah was appointed to the post on January 20, 2016. 

The commission is currently mired in a legal battle with the Pakatan Harapan opposition coalition over the proposed re-delineation exercise, which opposition lawmakers and an election watchdog said had elements of malapportionment and gerrymandering.

Re-delineation of Selangor, the final phase of a nationwide exercise, is being pushed through over the past several few weeks. A judicial review application was filed last October by the Selangor government seeking, among others, a declaration the EC had violated the constitution. 

On December 7, the Kuala Lumpur High Court dismissed the case but granted a stay pending appeal. 

On December 18, the EC appealed against the dismissal and won in the appellate court. Between December 27 and January 9, the EC held local inquiries, leading to the release of a second display on Monday. 

The opposition and civil society groups have long accused the government of colluding with the EC to skew voter representation to favour rural voters, where Barisan Nasional enjoys bigger support.

Maria Chin, who chairs the electoral watchdog Bersih 2.0, said despite having until September to complete the re-delineation exercise, the commission “continues to bulldoze” the process, especially during the year-end holiday.

“All this (happened) in a matter of a single month, although EC has until September to complete the process. It is obvious that they want to get this passed before the general election,” Maria said. 

Bersih has also urged Selangor residents to sign up as objectors to the EC’s proposed re-delineation in the state. The election watchdog said it aimed to collect 100,000 signatures in opposition to the EC’s second display of the proposed boundary change.

The 14th general election must be held by August after the automatic dissolution of Parliament on June 24. – January 19, 2018.