What are the legal implications if Parliament delays tabling new seats?

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Legal Implications of Parliamentary Delay on New State Seats in Sabah

If Parliament does not table the proposed new state constituency seats for Sabah soon, the state may be compelled to withdraw the amendments made to its constitution. This situation arises because the 13 new seats, which were approved by the Sabah state assembly in August 2016 and subsequently incorporated into the State Constitution, have not yet been presented to or debated in Parliament. The urgency for tabling these seats stems from potential legal complications if elections were to occur before parliamentary approval.
Constitutional Amendments at Risk

The amendments to Sabah's State Constitution to include the 13 new constituencies have a timeline for parliamentary ratification. Legal interpretations suggest that a prolonged delay in Parliament tabling these changes could necessitate their retraction. This would effectively revert the constitutional status concerning electoral boundaries in Sabah to its pre-amendment state, potentially invalidating the planned expansion of representation.
Uncertainty for Upcoming Elections

The lack of parliamentary endorsement for the new seats introduces significant uncertainty regarding their inclusion in any forthcoming general election. While the state assembly has passed the necessary legislation, the ultimate authority for federal matters, including electoral boundary changes that require parliamentary approval, rests with the federal Parliament. This disconnect creates a scenario where elections could theoretically be held without the newly proposed constituencies being legally recognised.
Potential Need to Withdraw Constitutional Changes

Legal counsel has indicated that if Parliament fails to address the tabling of the new seats in a timely manner, Sabah might face the requirement of withdrawing the constitutional amendments. This would imply a significant setback in the process of redrawing electoral boundaries, requiring the state to restart or significantly revise its approach to expanding representation. The acting president of Parti Bersatu Sabah (PBS), Datuk Dr Maximus Ongkili, has voiced concerns about these implications, stressing the importance of expediting the process.

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What are the legal implications if Parliament delays tabling new seats?

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