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  1. Constitutions
  2. Malaysia
  3. (1) Subject to the provisions of this Article, a person is

🇲🇾 MalaysiaConstitution

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 source
48. (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

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Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.

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