Electoral Reforms Suggested by Election Commission in Second Annual Report 1984

AbstractThis article seeks to examine the constitutional and legal aspects of Malaysia's election laws (within its first-past-the-post electoral system) seen within the broader socio-political context of Malaysia's plural society and ethnic-based political representation to evaluate if they conform to democratic principles and equitable standards. In particular, this article seeks to: (i) explore how the growth of the dominant political elite has had direct implications for the development of Malaysia's electoral regime and arrangements for the holding of democratic elections; (ii) survey the implementation and enforcement of the election laws, including the Elections Act, Election Offences Act, Election Commission Act, Election Petition Rules and Elections (Conduct of Elections) Regulations; (iii) examine the need of immunity for the Election Commission; (iv) examine the role of the judiciary; and (v) highlight the areas for urgent electoral reforms to restore public confidence in the electoral system and ensure the legitimacy of the political system.

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The Malaysian Election Commission: Navigating Electoral Authoritarianism and Political Change

Asian Journal of Comparative Law ◽

10.1017/asjcl.2021.31 ◽

2021 ◽

pp. 1-16

Author(s):

Dian A H Shah

Keyword(s):

Constitutional Design ◽

Constitutional Amendments ◽

Electoral Roll ◽

Dominant Party ◽

Democratic Quality ◽

Electoral Democracy ◽

Electoral Authoritarianism ◽

Electoral Reforms ◽

Political Conditions ◽

Election Commission

Abstract The urgency of electoral reforms has long been identified as a key to improving democracy in Malaysia. For decades, electoral manipulation through gerrymandering, malapportionment, and issues with the electoral roll and conduct of elections have undermined democratic quality and competition. The Malaysian Election Commission (EC) has – understandably – come under scrutiny for its role in facilitating and sustaining these problems. However, what requires a greater level of attention is the question of how the EC – despite its position as a constitutional institution that exists independently from the other branches of government – has operated in ways that undermined Malaysia's democracy and maintained a dominant party regime for over six decades. This Article brings this to light by examining the structural, institutional, and political conditions that shape the EC's operation, particularly with regard to re-delineation of constituencies and the conduct of elections. It argues that flaws in constitutional design, along with subsequent constitutional amendments, have rendered the EC vulnerable to partisan capture and thus affected its ability to function as an independent constitutional institution. In addition, this Article demonstrates how changes in political imperatives and judicial restraint in reviewing the EC's decision-making have also contributed to the deficiencies in Malaysia's electoral democracy.

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Important Electoral Reforms Suggested in the Third Annual Report (1985)

Indian Journal of Public Administration ◽

10.1177/0019556119910331 ◽

1991 ◽

Vol 37 (3) ◽

pp. 579-584

Keyword(s):

Annual Report ◽

The Third ◽

Electoral Reforms

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State Election Commission: Unravelled

Indian Journal of Public Administration ◽

10.1177/0019556118790691 ◽

2018 ◽

Vol 64 (3) ◽

pp. 531-542

Author(s):

Anita Bhatnagar Jain

Keyword(s):

Political Parties ◽

Urban Population ◽

Uttar Pradesh ◽

Organisational Structure ◽

Use Of Technology ◽

Electoral Reforms ◽

Service Conditions ◽

Sensitive Issues ◽

Election Commission

India, the biggest democracy, is over 70 years old. Besides other regulatory authorities, election commissions have played a pivotal role in its formation. State election commissions (SECs) got the constitutional footing via the 73rd and 74th Amendments in 1993. Articles 243K and 243ZA provided for the elections to panchayats and municipalities, respectively. The panchayats comprise of district, block and village levels, while the municipalities include three levels based on the slab of urban population. The present study focuses on the SEC of Uttar Pradesh on various variables, including service conditions of commissioner, organisational structure, increasing responsibility, budget, use of technology and electronic voting machines (EVMs), measures to ensure transparency and objectivity and so on. The study surmises the challenge of evolving complexion of SECs in the changing environment. However, the role of various political parties and citizens and the sensitive issues of electoral reforms have to be simultaneously addressed for ensuring real democracy.

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