Can Article 19(1) cover pre-election disqualification under Article 17(1)(g)?

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The Federal Court Ruled that Article 19(1) Can Cover Pre-Election Disqualification Under Article 17(1)(g)

Parti Pribumi Bersatu Malaysia (Bersatu) intends to pursue legal action following the Dewan Rakyat Speaker's decision concerning four Sabah Members of Parliament. The Speaker has indicated that his decision is final, but Bersatu has the right to seek judicial review. This right is underscored by a significant Federal Court ruling in the case of The Speaker of Dewan Undangan Negeri of Sarawak Datuk Amar Mohamad Asfia Awang Nassar v Ting Tiong Choon & Ors and other appeals [2020] 4 MLJ 303.
Federal Court Decision on Sarawak State Assembly Disqualification

The Federal Court, in a 7:2 majority decision, determined that the Sarawak State Legislative Assembly (SLA) possessed the authority to disqualify a member based on pre-election grounds. This ruling overturned decisions by the High Court and the Court of Appeal, which had differentiated between pre-election and post-election disqualifications, limiting the SLA's power primarily to the latter. The Federal Court's interpretation affirmed that the SLA had the jurisdiction to disqualify Ting Tiong Choon for having acquired Australian citizenship prior to his election.
Application of Sarawak State Constitution Articles

The core of the Federal Court's reasoning involved the interpretation of Articles 17(1)(g) and 19(1) of the Sarawak Constitution. Article 17(1)(g) addresses disqualification for voluntarily acquiring foreign citizenship, while Article 19(1) states that if any question arises about a member's continued qualification, the SLA's decision "shall be taken and shall be final." The Federal Court held that the SLA had the full jurisdiction, authority, and power under these articles, in conjunction with federal provisions like Articles 48(1)(f) and 53(1), to disqualify and remove a member.
Judicial Restraint and Legislative Privilege

Furthermore, the Federal Court emphasised the principle of separation of powers and the non-justiciability of legislative proceedings. Article 72(1) of the Federal Constitution prevents courts from questioning the validity of any proceedings within the SLA, provided the assembly acts within its powers. The Federal Court concluded that the process of moving a motion, debating it, and voting on a member's qualification fell under the core business of the SLA, thus attracting privilege and remaining inviolable from judicial interference.

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Can Article 19(1) cover pre-election disqualification under Article 17(1)(g)?

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