PUTRAJAYA’S proposed amendment to article 10 of the Federal Constitution should be retracted as MPs who pass it will be committing “political hara-kiri”, said a legal rights group.

Lawyers for Liberty chief coordinator Zaid Malik said instead, a law allowing voters to decide on what action should be taken against their elected representative who jump ship should be tabled.

The proposed constitutional amendment is to add a new clause 3(A) to extend the restriction on freedom of association to political party members, but it does not define party-hopping.

However, it is meant to enable the subsequent crafting of a more substantive stand-alone bill to govern party-hopping.

The group, like others who said the proposed amendment is giving the government too much power to control political parties, said the move has failed to specifically address party-hopping.

“(Instead, it) widely refers to lawmakers and assemblymen’s party memberships. The vague wording of the proposed provision opens it up to abuse, which can critically undermine parliamentary democracy,” said Zaid.

“If the bill is passed, any government of the day can enact laws that disqualify MPs on any ground or technicality by simple majority, which will be particularly harmful to the opposition who will be at the mercy of the majority.”

Barisan Nasional MP Azalina Othman Said yesterday cautioned against the proposed amendment to article 10 of the Federal Constitution.

The revision in its current form, without defining party-hopping, can later be challenged on constitutional grounds, she added.

Lawyer New Sin Yew also raised the issue of amending article 48(6), which lists the specific conditions on which a lawmaker loses his or her seat.

“If a law is passed that says the MP loses their seat when they exit the party, such law will be unconstitutional for contradicting article 48 as it only sets out seven conditions. Parliament cannot violate the constitution and impose extra conditions.”

Undi 18 and Pakatan Harapan MPs said the proposed constitutional amendment – to be tabled at a special sitting tomorrow – gives the government too much power to control political parties and determine political party memberships.

Permatang Pauh MP Nurul Izzah Anwar and Subang MP Wong Chen are among public figures who have protested the proposal.

Zaid said though there is a need for stability in government, it is also crucial to safeguard the independence of elected representatives.

An anti-party hopping law is not the ultimate answer and may inevitably cause lawmakers to toe party lines, despite their principles or the wants of their constituents for fear of repercussion, he added.

“There is no point in pretending that this (enactment) is not a serious derogation to the constitutional principle of freedom of association.

“This dangerous proposed bill by the government should finally wake everyone up.

“We are astonished that some political leaders have suggested that it is better to just pass an anti-party hopping bill and “fine-tune” it later.

“To tinker with the constitution or freedom of association in that cavalier manner is irresponsible and a recipe for catastrophe.” – April 10, 2022.