Recently, a lot of questions about the qualification of a Member of Parliament is asked. Some wish to clarify on the disqualification due to conviction of a criminal offences whilst some wish to clarify on the disqualification due to self resignation by a Member. I therefore would like to quote the following Articles of the Federal Constitution for our easy reference and I may quote a few examples for easy understanding:-
Article 47. Qualifications for Membership of Parliament
Every citizen resident in the Federal is qualified to be a member-
(a) of the Senate, if he is not less than thirty years old;
(b) of the House of Representatives, if he is not less than twenty- one years old,
unless he is disqualified for being a member by this constitution or by any law made in pursuance of Article 48.
Article 48. Disqualification for membership of Parliament.
(1) Subject to the provisions of this Article, a person is disqualified from being a member of either House of Parliament if -
(a) he is and has been found or declared to be of unsound mind; or
(b) he is undischarged bankrupt; or
(c) he holds an office of profit; or
(d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, ha has failed to lodge any return of election expenses required by law within the time and in the manner so required; or
(e) he has been convicted of an offence by a court of law in law in the Federal (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
(f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
Article 48(6) states interalia that a person who resign his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.
Article 51. Resignation of Members.
A member of either House of Parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the President of the Senate, and if a member of the House of Representatives, to the Speaker of that House.
to be continued