What are the legal precedents for extending state assembly terms?

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Legal Precedents for Extending State Assembly Terms Exist

The Advocates Association of Sarawak (AAS) has proposed amending the Federal Constitution to defer the upcoming Sarawak state election, citing the ongoing Covid-19 crisis. This proposal draws upon a historical precedent from 1968 when the term of Sarawak's Council Negri, the precursor to the current state legislative assembly (DUN), was extended beyond its usual five-year period. This deferral allowed the state election to coincide with the general election in 1969, necessitating a temporary amendment to the Federal Constitution and a consequential amendment to the Sarawak Constitution to facilitate the extension.
Historical Extension of Sarawak's Council Negri Term

In 1968, the Election Commission faced difficulties in conducting Sarawak's first direct elections. Consequently, the term of the Council Negri was extended to align with the dissolution of Parliament in 1969. This extension, which surpassed the standard five-year term, was enacted through a temporary amendment to the Federal Constitution. This constitutional adjustment was followed by a corresponding amendment to the Sarawak Constitution to accommodate the extended term of the legislative body, then known as the Council Negri.
Pre-Malaysia Electoral System and Council Negri Formation

Prior to the formation of Malaysia, Sarawak operated under an indirect, three-tiered electoral system. This system comprised district councils, divisional councils, and the Council Negri. The AAS president, Ranbir Singh Sangha, referenced this historical structure from 1963 to underscore the state's established electoral processes predating its inclusion in Malaysia, suggesting a historical basis for adjustments to electoral timelines.
Recent Precedent for Constitutional Amendments

The AAS highlighted that Members of Parliament demonstrated their capacity for unified action in 2019 by unanimously passing the Constitution (Amendment) Bill to lower the voting age from 21 to 18. This recent instance of cross-party consensus on a constitutional matter is presented as evidence that Parliament can act decisively to implement necessary amendments, such as the temporary extension of the state assembly's term, if deemed essential.

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What are the legal precedents for extending state assembly terms?

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