I know the notion of a directly elected Senate is not in the terms of reference of this video, but I think it's interesting to highlight the note of dissent by William McKell and Justice Abdul Hamid between Paragraphs 80 and 81 where they disagree with the notion of an indirectly elected/appointed Senate and how the Senate should be 'a House of Representatives for the States'. You can see how a compromise was reached in the final Federal Constitution in Article 45(4) and Article 120. It says that if the time ever came when it was felt necessary, Parliament may by way of a simple majority (a) increase to three the number of members to be elected for each State (b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State (c) decrease the number of appointed members or abolish appointed members This effectively means that Parliament can pass a bill replacing indirectly elected senators with full-fledged elected senators. And Parliament can do so without necessarily abolishing appointed senators. So this can also go hand in hand with your suggestion of a Senate Appointments Commission. Also, I think it's not unreasonable to say that the number of appointed senators should never exceed the number of elected senators like it is today. After all, the Senate is also meant to represent the States and their interests. Just a suggestion, but perhaps Sabah and Sarawak can clamour for a constitutional amendment to provide that 35% of senators must come from Borneo with the rest coming from Malaya. If having too many elected senators coming from the Borneo States is too impractical, 35% can also be achieved through appointed senators as recommended by the Cobbold Commission in Paragraph 190(g). The Cobbold Commission recommended 8 senators and the IGC later reduced it to 6 senators, so it's not like the idea of representation through the Senate is anything new. It's definitely better than having malapportiontment in the Lower House where constituencies are meant to be proportional to population (besides, Sabah Sarawak having so many MPs in the House of Representatives should have expired by 1970).
Thank you for this. Please accept my gratitude for teaching me to look at the question from an entirely different, even refreshing, angle. I agree. We should meet for a cuppa.
Thank you SIR....KNOWING and understanding the FEDERAL CONSTITUTION IS THE PRIORITY OF POLITICIANS 'BUT IT'S NOT THE CASE???!!! THANKS FOR THE KNOWLEDGE FROM YOU TO THE RAKYAT.
Thank you GK for this insight into what our Senators should be and what a Senatorship truly means. Sadly if any of the true criteria were applied perhaps our entire Dewan of Senators would not exist. Dare we hope for the reforms you suggested. Kudos GK... time is ripe for reformation indeed.
Merry Christmas Mr. Ganesan, thank you for explaining the legacy, current issue and proposed solution to the House of Senate in Malaysia. 🙏 but... why do we need the House of Senate anyway?
Thank you. Merry Christmas. The second House is necessary to act as a check and balance against the whims and fancies of an all-powerful lower house. It is a protective measure. It exists in all democracies. And the Reid commission Saif it would act as a delaying and checking mechanism. Yet, like India, it has become a rubber stamp for the government.
Just to let you know sir. I see your videos on repeat everyday. I have nothing but love for the Legal Profession. I am not a qualified member of the profession . I know i am just a viewer of your videos. But i aspire to be a member of the legal profession one day. I can only hope. I came across your videos and channel but wishes not to view it as it inspires me more. But i know i dont have the means to pursue the field academically. Thank you for enriching my passion and providing me with daily satisfaction by consuming your content everyday sir. -Muhd Nazrin
Thank you for your kind words. Dear En. Muhd Nazrin: I am sure you will become an outstanding member of the legal profession. May God always guide you in that direction.
It is too much to expect the quality people to be inducted into the upper house of parliament. It doesn't happen in India and the same position is in Malaysia. Oh same pinch. 24.12.22. 2230hrs. A Happy Christmas and New year to you. I am an advocate from.Bangalore India.
Good analysis Mr GK.
Thanks for the knowledge.
Thanks Mr Ee
In Malaysia, obviously and evidently, the main criteria is kena pandai kaki bodek…
Thank you for your comments.
Thank you GK sir for your explanation 🙏
All the qualified ones with achievements have left the country Mr Ganesan.
This is true.
Question is, who’s duty is it to enforce that such principles are abided by? Otherwise, its just suka hati the PM lah…
It is everyone’s duty.
Thank you for your comments.
Quite sad why Saifuddin Nasution still got a minister post even when there are better leaders
Thank you for your comments.
Superb info and a wake-up call.. Tq sir
Thank you for your support.
I know the notion of a directly elected Senate is not in the terms of reference of this video, but I think it's interesting to highlight the note of dissent by William McKell and Justice Abdul Hamid between Paragraphs 80 and 81 where they disagree with the notion of an indirectly elected/appointed Senate and how the Senate should be 'a House of Representatives for the States'.
You can see how a compromise was reached in the final Federal Constitution in Article 45(4) and Article 120. It says that if the time ever came when it was felt necessary, Parliament may by way of a simple majority
(a) increase to three the number of members to be elected for each State
(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State
(c) decrease the number of appointed members or abolish appointed members
This effectively means that Parliament can pass a bill replacing indirectly elected senators with full-fledged elected senators. And Parliament can do so without necessarily abolishing appointed senators. So this can also go hand in hand with your suggestion of a Senate Appointments Commission. Also, I think it's not unreasonable to say that the number of appointed senators should never exceed the number of elected senators like it is today. After all, the Senate is also meant to represent the States and their interests.
Just a suggestion, but perhaps Sabah and Sarawak can clamour for a constitutional amendment to provide that 35% of senators must come from Borneo with the rest coming from Malaya. If having too many elected senators coming from the Borneo States is too impractical, 35% can also be achieved through appointed senators as recommended by the Cobbold Commission in Paragraph 190(g). The Cobbold Commission recommended 8 senators and the IGC later reduced it to 6 senators, so it's not like the idea of representation through the Senate is anything new. It's definitely better than having malapportiontment in the Lower House where constituencies are meant to be proportional to population (besides, Sabah Sarawak having so many MPs in the House of Representatives should have expired by 1970).
Thank you for this. Please accept my gratitude for teaching me to look at the question from an entirely different, even refreshing, angle.
I agree.
We should meet for a cuppa.
Very well explained
Thank you!
Thank you SIR....KNOWING and understanding the FEDERAL CONSTITUTION IS THE PRIORITY OF POLITICIANS 'BUT IT'S NOT THE CASE???!!! THANKS FOR THE KNOWLEDGE FROM YOU TO THE RAKYAT.
Thank you for your kind words
Thank you for the lucid explanation, Sir! The establishment of a Senators Appointments Commission will be a progressive step forward for the nation.
Thank you Daniel, for your kind words.
Thank you GK for this insight into what our Senators should be and what a Senatorship truly means. Sadly if any of the true criteria were applied perhaps our entire Dewan of Senators would not exist. Dare we hope for the reforms you suggested. Kudos GK... time is ripe for reformation indeed.
Thank you for your views.
Precisely.
Merry Christmas Mr. Ganesan, thank you for explaining the legacy, current issue and proposed solution to the House of Senate in Malaysia. 🙏
but... why do we need the House of Senate anyway?
Thank you.
Merry Christmas.
The second House is necessary to act as a check and balance against the whims and fancies of an all-powerful lower house.
It is a protective measure. It exists in all democracies. And the Reid commission Saif it would act as a delaying and checking mechanism.
Yet, like India, it has become a rubber stamp for the government.
Just to let you know sir. I see your videos on repeat everyday. I have nothing but love for the Legal Profession. I am not a qualified member of the profession . I know i am just a viewer of your videos. But i aspire to be a member of the legal profession one day. I can only hope. I came across your videos and channel but wishes not to view it as it inspires me more. But i know i dont have the means to pursue the field academically. Thank you for enriching my passion and providing me with daily satisfaction by consuming your content everyday sir.
-Muhd Nazrin
Thank you for your kind words.
Dear En. Muhd Nazrin: I am sure you will become an outstanding member of the legal profession. May God always guide you in that direction.
It is too much to expect the quality people to be inducted into the upper house of parliament. It doesn't happen in India and the same position is in Malaysia. Oh same pinch.
24.12.22. 2230hrs. A Happy Christmas and New year to you. I am an advocate from.Bangalore India.
Thank you for our kind words Mr Rajendran