Perlembagaan Persekutuan
(1) Subject to the provisions of this Article, a person is
Federal Legislature
- Jurisdiction
- Malaysia
- Provision
- 48
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source48. (1) Subject to the provisions of this Article, a person is
disqualified for 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 an 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,
[Article 48] Federal Constitution 55
he 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 the Federation (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.
(2) Federal law may impose, for such periods as may be
specified thereby, disqualification for membership of either House
of Parliament on persons committing offences in connection with
elections; and any person who has been convicted of such an
offence or has in proceedings relating to an election been proved
guilty of an act constituting such an offence, shall be disqualified
accordingly for a period so specified.
(3) The disqualification of a person under paragraph (d)
or paragraph (e) of Clause (1) may be removed by the Yang
di-Pertuan Agong and shall, if not so removed, cease at the end
of the period of five years beginning with the date on which
the return mentioned in the said paragraph (d) was required to
be lodged, or, as the case may be, the date on which the person
convicted as mentioned in the said paragraph (e) was released
from custody or the date on which the fine mentioned in the said
paragraph (e) was imposed on such person; and a person shall
not be disqualified under paragraph (f) of Clause (1) by reason
only of anything done by him before he became a citizen.
(4) Notwithstanding anything contained in the foregoing
provisions of this Article, where a member of either House of
Parliament becomes disqualified from continuing to be a member
thereof pursuant to paragraph (e) of Clause (1) or under a federal
law made in pursuance of Clause (2)—
(a) the disqualification shall take effect upon the expiry of
fourteen days from the date on which he was—
[Article 48] Federal Constitution 56
(i) convicted and sentenced as specified in the aforesaid
paragraph (e); or
(ii) convicted of an offence or proved guilty of an
act under a federal law made in pursuance of
Clause (2); or
(b) if within the period of fourteen days specified in
paragraph (a) an appeal or any other court proceeding
is brought in respect of such conviction or sentence,
or in respect of being so convicted or proved guilty, as
the case may be, the disqualification shall take effect
upon the expiry of fourteen days from the date on which
such appeal or other court proceeding is disposed of by
the court; or
(c) if within the period specified in paragraph (a) or the
period after the disposal of the appeal or other court
proceeding specified in paragraph (b) there is filed a
petition for a pardon, such disqualification shall take
effect immediately upon the petition being disposed
of.
(5) Clause (4) shall not apply for the purpose of nomination,
election or appointment of any person to either House of Parliament,
for which purpose the disqualification shall take effect immediately
upon the occurrence of the event referred to in paragraph (e) of
Clause (1) or in Clause (2), as the case may be.
(6) A person who resigns 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.
Provisions against double membership
Source record
Source and verification
Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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