What is the impact of the 1992 Article 65 amendment?

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The 1992 Amendment to Article 65 of the Federal Constitution Transformed the Status and Appointment of Clerks to Parliament

The 1992 amendments to Article 65 of the Federal Constitution, enacted through the Constitution (Amendment) Act 1992 (Act A837), significantly altered the roles and employment of the Clerk to the Senate and the Clerk to the House of Representatives. These changes primarily involved their appointment, tenure, and integration into the general public service, effectively dissolving the separate Parliamentary Service.
Clerks Integrated into the General Public Service

Prior to the 1992 amendments, the Clerks to Parliament held a distinct status. However, Section 5 of Act A837 amended Article 65, stipulating in the new Clause (2) that both Clerks would be appointed by the Yang di-Pertuan Agong from among members of the general public service of the Federation. Their tenure was set to continue until they reached the age of fifty-five years, unless they resigned or were transferred to another public service office. This integration meant that the separate Parliamentary Service, previously governed by the Parliamentary Service Act 1963, was effectively repealed, with all parliamentary staff becoming members of the public service.
Changes in Tenure and Removal Safeguards

The amended Article 65 introduced a new framework for the tenure and removal of Clerks. Under the revised Clause (2), their office holding was tied to reaching fifty-five years of age, with provisions for earlier resignation or transfer. Furthermore, the protections afforded to Clerks regarding removal from office were modified. While the new Clause (3) allowed individuals holding the Clerk positions prior to the amendment to continue their tenure under specific conditions, including not being removed except on the same grounds and in the same manner as a Supreme Court judge, this clause explicitly stated that this protection applied unless they opted to become members of the general public service. This represented a shift from the previous Article 65, where Clerks could be removed on the like grounds and manner as a Supreme Court judge, with representation from the Senate President or Speaker of the House of Representatives.
Deletion of Previous Clauses and Their Implications

The 1992 amendments also involved the deletion of Clauses (4) and (5) of Article 65. Previously, Clause (4) allowed federal law to regulate the qualifications for appointment and conditions of service for the Clerks and parliamentary staff. Clause (5) disqualified these individuals from being members of Parliament or State Legislative Assemblies. The deletion of these clauses, coupled with the integration into the public service, meant that the specific regulations and disqualifications previously outlined were superseded by the broader framework of public service employment. This also signified the end of a distinct Parliamentary Service, with its staff now subject to general public service terms and conditions.

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What is the impact of the 1992 Article 65 amendment?

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