THE anti-party hopping law came into force in 2022 to prevent political instability and frequent changes of government in Malaysia.

The provisions were designed to prevent elected representatives from switching parties after winning their seats.

Article 49A(1)(a)(ii) of the Federal Constitution states that an MP’s seat “shall become vacant immediately on the date a casual vacancy is established by the Speaker” if he ceases to be a member of the political party. The responsibility now falls to the speaker to establish if there is such a casual vacancy, subject to receiving written notice (Article 54(1)).

The constitution grants the speaker autonomy to establish casual vacancies, which are non-justiciable in court.

This is similar to the Indian Constitution, which entrusts the speaker with quasi-judicial authority to adjudicate matters relating to the disqualification of their MLAs under the Tenth Schedule. This power is given to the speaker in the Tenth Schedule (Anti-Defection Law), which was enacted in 1985.

Nevertheless, India still grapples with the misuse of power by the office of the speaker.

Be that as it may, the Malaysian constitution puts the onus on the speaker in the matter of casual vacancy, subjecting him to undue pressure and criticism even if he acts impartially.

Therefore, any decision taken by the Speaker is bound to be suspect, unintentionally weakening the institution and undermining democracy.

The fate of six Bersatu members lies in the speaker’s hands, and his impartiality is once again put to the test. – June 16, 2024.

* Matilda George reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.