What constitutional changes are needed to prevent party hopping?

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Constitutional Amendments Required to Address Party Hopping

To prevent Members of Parliament (MPs) from switching parties, specific constitutional changes are necessary. These include the repeal of Article 48, Clause 6, of the Federal Constitution and an amendment to Article 10 of the Federal Constitution. These alterations would pave the way for new legislation that prohibits MPs from defecting from their parties and allows an MP who resigns from their party to contest a new parliamentary seat without facing a five-year disqualification period.
Repeal of Article 48, Clause 6

The existing Article 48, Clause 6, of the Federal Constitution imposes a five-year disqualification from contesting any parliamentary seat for any MP who resigns from their seat. To enable MPs who switch parties to seek a fresh mandate from their constituents without this penalty, this clause must be repealed. This would effectively remove the barrier preventing a defecting MP from immediately re-contesting their seat in a by-election.
Amendment to Article 10

Article 10 of the Federal Constitution guarantees citizens fundamental rights, including freedom of speech, assembly, and association. An amendment to this article is required to provide the constitutional basis for legislating a new act that specifically prohibits MPs from switching parties. This amendment would create the legal framework necessary to enact anti-defection laws that are constitutionally sound.
Enabling Legislation for Anti-Hopping Laws

With the proposed repeal and amendment in place, it would be possible to legislate a new act to prohibit MPs from switching parties. Such legislation would aim to consolidate party unity by outlining consequences for defection. However, it is acknowledged that no solution is perfect, and any anti-defection law would need to balance party discipline with the potential for excessive power consolidation within party leadership. The proposed changes are intended to allow for the enactment of such an act, thereby addressing the chronic instability caused by party defections, which have led to the fall of governments in various instances, including Terengganu in 1962 and the Federal Government in recent years.

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What constitutional changes are needed to prevent party hopping?

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