Legislative Process

 The power to make federal laws vests in the Parliament.

 According to article 66, clause (1), the power of Parliament to make laws shall be
exercised by Bills passed by both Houses (or in cases mentioned in article 68 –
Money Bill- of the House of Representatives) and except as otherwise provided in the
article assented to by the YDPA.
 When Minister decides to introduce a Bill in Parliament, he would first of all draw up
the policy of the Bill in consultation with the Attorney-General who will advise the
Minister on its legal and constitutional implications.
 Cabinet approval of the policy is then sought.
 Once approved, interested parties example: the Treasury, Auditor-General are invited
to express their views on the proposed Bill, within a specified time.
 Then, Minister will seek the approval of the Cabinet to have the Bill drafted.
 When the approval is obtained, the Parliamentary Draftsman will draft the Bill
together with an explanatory statement.
 Upon completion, the draft Bill is resubmitted by the Minister to the Cabinet for
approval to have the Bill introduced in Parliament.
 Having secured such approval, the Minister gives notice of his intention to introduce
the Bill to the Clerk of the HOR and the Clerk of the Dewan Negara separately.
 The Bill are then printed and forwarded to Parliament for distribution to all members.
 In each House, a Bill is required to undergo four stages:
(a) The first reading
(b) The second reading
(c) Committee stage
(d) The third reading
(e) Other house
(f) Royal assent
 (a) First Reading

Minister is required to give the Clerk at least one day’s notice of his intention to
present a Bill, that is, to have the Bill read a first time. This is what is called the first reading.
The first reading is merely a formality – it is merely presentation of the Bill by the Minister
by reading the long title of the Bill.

(b) Second Reading

This is the most important stage as this is the stage where the general principles of the
Bill are debated. In order to proceed with the second reading, the Minister must move a
motion to that effect; and this motion has to be seconded. A Bill cannot be read a second time
until it has been printed and circulated to all members.

(c) Committee Stage

When the debate on the second reading has been completed, the House will
automatically resolve itself into a Committee of the whole House. The purpose of the
committee stage is to enable members to discuss the details of the Bill in a less formal
manner. It is also possible for a Bill to be considered by a Special Select Committee instead
of by the Committee of the whole House. When the Committee has considered the Bill, the
Bill is ready for the next stage.

(d) Third Reading

The Third reading is also a mere formality; debate is not allowed, unless it is confined to
the contents of the Bill and no substantive amendments may be proposed at this stage. When
the motion on the Third reading has been agreed to, the Bill is accordingly passed. The Bill is
then submitted to the Senate which follows a similar procedure to that in the House of
Representative.
 (e) Other house

When a Bill has passed one house, it sent to the other house, where it follows as familiar
pattern. If the second house amends the Bill, the Bill must be returned to the first house for its
approval.

(f) Royal assent

After the Bill has been passed by both Houses it will be given to the YDPA to get his
Royal Assent. The YDPA is given 30 days to give his assent. After the expiration of the 30
days’ period, the Bill is passed automatically. Once the Bill has been assented to by the
YDPA, it will be published in the Government Gazette and the law that is gazetted is
enforceable throughout Malaysia.