MARCH 12 — In 1992, the Federal Constitution was amended vide the Constitution (Amendment) Act 1992 (Act A837). Section 5 of Act A837 amended Article 65 by substituting Clauses (2) and (3) with new Clauses and by deleting Clauses (4) and (5).
What are the effects of the amendments to Article 65 in 1992, which came into force on November 20, 1993?
Firstly, the Clerk to the Senate and the Clerk to the House of Representatives must be appointed by the Yang di-Pertuan Agong from among members of the general public service of the Federation, holding office until the age of 65 unless the Clerk resign sooner or is transferred to another office in the general public service.
Secondly, which is significant and much overlooked, the Clerks no longer enjoy a measure of security of tenure as before the amendments the Clerks would have to be removed from office “on the like grounds and in the like manner as a judge of the Supreme Court (now Federal Court)”, except that the representation must be a representation made by the President of the Senate or, as the case may be, the Speaker of the House of Representatives.
With the passing of the Parliamentary Service Bill 225 into law by the Dewan Rakyat on March 5, there will now be a Parliamentary Service separate from the general public service. — Bernama pic
Consequent to the amendments, the Clerks no longer belong to a separate service known as the Parliamentary Service with the repeal of the Parliamentary Service Act 1963 vide Section 7(d) of Act A837.
Every member of the staff of the Houses of Parliament from then on become members of the public service on terms and conditions of service applicable to the public service.
In short, there is no longer a separate service known as Parliamentary Service.
Thirty years on, Article 65 has been amended vide Clause 4 of the Constitution (Amendment) Bill 2025. The Bill was passed by the Dewan Rakyat on March 4 with a two-third majority.
Prior to its passing, the Bill was called the mother of all reforms by Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman Said because it would pave the way for the re-establishment of the Parliamentary Service after more than thirty years.
With the passing of the Parliamentary Service Bill 225 into law by the Dewan Rakyat on March 5, there will now be a Parliamentary Service separate from the general public service.
Kudos to the Madani Government for reinstating the Parliamentary Service. Regrettably, however, the Clerks of the two Houses of Parliament remain without a measure of security of tenure that they enjoyed before November 1993.
Security of tenure is an important measure of independence of an institution. It is a gold standard of independence.
Accordingly, it may be submitted that the Constitution (Amendment) Act 2025 falls short of being the mother of all reforms.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
