Can Article 48(1)(e) be read in isolation for disqualification?

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Article 48(1)(e) Cannot Be Read in Isolation for Disqualification

Article 48(1)(e) of the Federal Constitution, which outlines the grounds for disqualification of a Member of Parliament (MP), cannot be interpreted in isolation. This specific clause must be considered in conjunction with the other provisions within Article 48 of the Constitution. The principle of constitutional interpretation dictates that provisions should not be read in fragments, but rather harmoniously to ensure a comprehensive understanding.
Disqualification Criteria Under Article 48(1)(e)

The provision in Article 48(1)(e) states that an MP is disqualified if convicted of an offence and sentenced to imprisonment for at least one year, or fined at least two thousand ringgit, without receiving a free pardon. This clause sets out a specific condition that could lead to an MP's removal from office. However, its application is subject to the broader framework of Article 48.
Constitutional Provisions Must Be Read Harmoniously

It is a fundamental tenet of legal interpretation that laws, and particularly the Constitution, should not be dissected into isolated parts. The disqualification outlined in Article 48(1)(e) is explicitly stated to be "Subject to the provisions of this Article." This introductory phrase signifies that other clauses within Article 48 may modify or provide exceptions to the general rule presented in 48(1)(e).
Interplay of Constitutional Clauses

The need to read constitutional provisions harmoniously is akin to understanding Article 8(2) on equality. While Article 8(2) prohibits discrimination based on religion, race, descent, place of birth, or gender, it begins with the caveat "Except as expressly authorised by this Constitution." This indicates that the Constitution itself can permit certain forms of discrimination, provided they are explicitly sanctioned within its text. Similarly, Article 48(1)(e) must be understood within the complete context of Article 48.

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Can Article 48(1)(e) be read in isolation for disqualification?

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