Constitutional experts urge legal reforms to compel MP attendance after a key bill fell short, highlighting absenteeism as a threat to parliamentary integrity.
PETALING JAYA: A law must be introduced to regulate MPs who fail to attend parliamentary proceedings, particularly when critical votes such as constitutional amendments are at stake.
On Monday, the Constitution (Amendment) Bill 2026, which sought to limit the prime minister’s tenure to two terms, fell just two votes short of the required two-thirds majority in the Dewan Rakyat, partly due to absenteeism.
International Islamic University Malaysia constitutional law expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Husain said attendance should not only be expected during major votes but also made mandatory for all parliamentary sittings.
“In all parliamentary proceedings, MPs need to be present – to participate in debates, to listen and argue, and ultimately to support or oppose any motion.”
Wan Ahmad Fauzi stressed that MPs are duty-bound under the Sixth Schedule of the Federal Constitution to uphold the rule of law and constitutional supremacy.
“Once they take the oath under the Sixth Schedule, they can participate in parliamentary proceedings and receive payment as lawmakers. Being an MP means subscribing to the rule of law. Loyalty to a political party cannot override one’s constitutional duty.
“Political agendas must align with constitutional compliance.”
On whether Malaysia should introduce legislation to ensure MPs attend votes affecting the Constitution, Wan Ahmad Fauzi said it ultimately comes down to political will but ethically, it is necessary.
“A law must empower the speaker to prorate allowances for MPs who fail to attend without valid reasons,” he said, adding that legitimate excuses should be clearly defined in statute.
“MPs are lawmakers and must respect their profession. They enjoy fixed allowances and other benefits, assisted by party workers and government machinery, and must be accountable in return.”
Currently, parliamentary attendance is monitored only through minimal quorum requirements.
However, Wan Ahmad Fauzi opined that such measures are no longer suitable given present circumstances.
Addressing concerns that stricter attendance rules might undermine MPs’ independence, he said parliamentary independence would instead be safeguarded if every MP attended proceedings, barring valid excuses.
“If someone is paid to do something or to hold a trust, in this context, being an MP is trusted by his constituents. He is expected to fulfil his duty like members of other branches of power as well, executive and judiciary, and be dealt with accordingly.
Wan Ahmad Fauzi added that mandatory attendance laws could help strengthen public confidence in parliamentary decision-making by reinforcing accountability among elected representatives.
Meanwhile, Pacific Research Centre principal adviser Dr Oh Ei Sun said high absenteeism during key votes signals weak party discipline and lax coalition management.
On the PM term limit Bill’s failure due to absent MPs, he warned it could damage public perception of the government.
“This doesn’t look good for the government. It suggests the government didn’t take this seriously – either they miscalculated how many MPs would vote, or they failed to enforce the whip strictly.
“That reflects very poorly and shows these reforms weren’t taken seriously,” he said.
The Constitution (Amendment) Bill 2026, tabled for its second reading by Prime Minister Datuk Seri Anwar Ibrahim, received 146 votes in favour, 44 against, and 32 absent, leaving it short of the threshold to amend the Constitution.
The setback was rare for the Unity government, the first bill under its tenure to fail a vote.
It also marked the first time since 2019 that a constitutional amendment could not secure the required two-thirds majority.
The previous instance involved the amendment restoring Sabah and Sarawak’s status under the Malaysia Agreement 1963 (MA63), which was eventually passed in 2021.
The Sun Malaysia
