JULY 24 — Our Members of Parliament must always remember their primary role as the legislative authority in the nation.
In The Spirit of the Laws (1748), Montesquieu introduced the doctrine of separation of powers and it is generally understood that Parliament is the legislative authority to pass Federal laws, makes amendments to existing Federal laws, examines the government’s policies, approves the government’s expenditures and approves new taxes.
Under Malaysian Federal Constitution, Article 44 provides that the Parliament consists of the Yang di-Pertuan Agong, Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat). Article 66 lays down the exercise and procedural process of the legislative power. Also, Article 63 confers certain rights and legal immunities to enable the Parliament in undertaking its responsibilities effectively in the parliamentary proceedings. Article 59 further obliges that the Parliament shall take an oath to faithfully discharge their duties to the best of their ability.
In this context, members of Dewan Rakyat, who are also generally known as Members of Parliament (MPs), hold larger responsibilities as they are elected by the voters of Malaysia through election democratically. However, many people might have a misconception in relation to the primary role of MPs in Malaysia.
It is undeniable that the MPs are not only legislators; they are problem solvers to serve the specific needs and redress grievances of their local constituency. Some quarters iterate the view that MPs shall be physically present in their respective constituency.
To the chagrin of some MPs, a large amount of their time is spent on fulfilling the demands of their constituents. However, it is worrying when the MPs are compelled to perform duties such as unclogging drains and fixing street lamps which are supposed to be carried out by the state assemblymen and the local city council, so long as they get to meet and greet the voters.
The primary legislative duty of the MPs seems to be conveniently left out. It is my humble belief that the MPs should focus on their actual work of policy-making, actively participate in the parliamentary debates and represent their constituents on national issues.
Bringing local development to their constituency and ensure the efficiency of the city council shall be their secondary duty.
In this context, voters must be educated adequately on the legislative role of MPs. MPs are primarily tasked to make law, and hence greater attention should be given to their legislative duty accordingly. MPs must bear in mind that they are accountable to the voters.
As such, they must refrain from being passive and be more conscientious in voicing out for the far-ranging national issues. It is therefore pertinent that an effective mechanism is put in place to raise and maintain a high quality of parliamentary accountability among the Parliament.
It is highly recommended that the parliamentary proceedings be telecasted. As such, the voters will then be able to see their MPs performing their job as a law-maker according to the reports in the media or telecast on television.
The public can also visit the parliamentary proceedings to enhance their understanding of the role of Mps through an online application at www.parlimen.gov.my. On top of that, the daily attendance of MPs should be recorded and displayed on the Parliament homepage.
It is also hoped that quality parliamentary debates with full decorum shall be preferred. Unparliamentary language or wild accusations shall be scrutinised accordingly. With that said, would voters have different expectations of their respective MPs?
A developed, matured and democratic country can only be a reality if the lawmakers carry out their legislative duties and responsibilities faithfully. There must be mutual understanding and legitimate expectation between the MPs and the voters.
The MPs should be expected to actively participate in the law-making process with quality debates. Bear in mind, once a law is passed and gazetted, it will ultimately affect our daily routine. The essence of check and balance should not be merely applicable to the three branches of government but between the people and the parliamentarians.
Since the parliamentary session is starting from this week onwards (July 24–August 10), it is now pertinent for the public to understand the cardinal role of MPs. They are elected to represent the people, and hence MPs must be accountable to the voters through their legislative duty.
* Ng Seng Yi is a third-year law student at University of Malaya.
** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.