BARISAN Nasional (BN) lawmaker Azalina Othman Said is the latest to caution against the government’s proposed amendment to Article 10 of the Federal Constitution to enable the crafting of a future anti-party hopping law.

She said the proposed amendment to the constitutional provision on freedom of association in its current form, and without defining party hopping, could later be challenged on constitutional grounds.

“Amending Article 10 without strictly defined anti-hopping laws would be too wide and dangerous. 

“Such laws could later be challenged on constitutional grounds. Why not amend Article 48(6) on Monday to avoid a potential constitutional crisis in future?” tweeted the Pengerang MP.

Lawyer New Sin Yew also raised the issue of amending Article 48(6) which lists the specific conditions by which an MP loses his or her seat. 

“If a law is passed that says the MPs loses their seat when they exit the party, such law would be unconstitutional for contradicting Article 48 because it only sets out 7 conditions, Parliament cannot violate the constitution and impose extra conditions,” New tweeted.

He said in order to implement anti-party hopping laws, Article 48 must be amended to include a lawmaker switching allegiances to another party.

“The proposed amendment to Article 10 does not do that,” New said.

Pakatan Harapan MPs and civil society group Undi18 have said the proposed constitutional amendment, to be tabled at a special Dewan Rakyat sitting this Monday, gives the federal government too much power in controlling political parties and determining political party membership for lawmakers.

Among those who have protested the current proposal to amend Article 10 are Permatang Pauh MP Nurul Izzah Anwar and Subang MP Wong Chen.

The proposal to amend this article is the only amendment to be tabled this Monday.

A previous version of proposed amendments called for a new article, 49(A), on the condition when a Parliament seat is deemed vacated, automatically triggering a by-election. Another proposed amendment was to the Federal Constitution’s eighth schedule, which would enable state assemblies to enact their own anti-party hopping laws.

Azalina had previously tabled a Private Member’s Bill for recall elections, which would give voters the power to decide if they wanted a by-election in the event their elected representative changed parties. This would safeguard against “unfair” vacancies, such as if a lawmaker was sacked from his or her party on grounds of conscience.  – April 9, 2022.