Federal Constitution · Reprint · Chapter 4 · Federal Legislature
45. Composition of Senate
Feedback & supportSubject to Clause (4), the Senate shall consist of elected and appointed members as follows:
two members for each State shall be elected in accordance with the Seventh Schedule; and
two members for the Federal Territory of Kuala Lumpur, one member for the Federal Territory of Labuan and one member for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong; and
forty members shall be appointed by the Yang di-Pertuan
Agong.
The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.
Art. 45
Clause (1)(aa)
a. This paragraph was inserted by Act A442, paragraph 2(1)(a), in force from 31-12-1978.
b. Subsequently it was substituted by Act A585, section 13, in force from 16-04-1984 and again by Act A1095, section 15, in force from 01-02-2001 to enable one member of the Senate to be appointed to represent the Federal Territory of Putrajaya. The original paragraph (aa) read as follows:
“(aa) two members for the Federal Territory shall be appointed by the
Yang di-Pertuan Agong; and”.
Clause (1)(b)
Originally this paragraph provided for sixteen members to be appointed by the
Yang di-Pertuan Agong. Act 26/1963, section 8, in force from 16-09-1963, amended this to twenty-two. Act 19/1964, section 6, in force from 30-07-1964, further amended it to thirty-two; and subsequently amended by substituting the word “forty” for the words
“thirty-two” by Act A442, paragraph 2(1)(b), in force from 31-12-1978.
Federal Constitution
The term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.
A member of the Senate shall not hold office for more than two terms either continuously or otherwise:
Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.
Parliament may by law—
increase to three the number of members to be elected for each State;
provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;
decrease the number of appointed members or abolish appointed members.