Why are six MPs allowed to keep their seats after leaving their party?

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Six MPs Retain Seats Due to Constitutional Exception for Expulsion

Six Members of Parliament (MPs) have been permitted to retain their seats despite actions that led to their departure from their party, Bersatu. This decision hinges on specific provisions within Article 49A of the Federal Constitution, which governs party hopping. The constitutional amendment, enacted on October 5, 2022, outlines conditions under which an MP must vacate their seat, but critically includes exceptions.
Expulsion as a Constitutional Safeguard

Article 49A of the Federal Constitution stipulates that a Member of Parliament must vacate their seat if they resign from their political party or join another party after being elected as an independent. However, the same article provides specific exceptions where a seat is not considered vacant. These exceptions include scenarios where the political party itself is dissolved or deregistered, if an MP resigns to assume the role of Speaker, or most pertinent to this case, if the MP is expelled from their political party.
Bersatu's Internal Amendments and Member Actions

In the context of these six Bersatu MPs, their public declaration of support for the ruling government prompted Bersatu to amend its party constitution. These amendments aimed to ensure that members who violated party decisions would automatically cease to be members, thereby necessitating the vacation of their parliamentary seats. While the Registrar of Societies approved these amendments, the question of their retrospective effect remains a point of discussion.
Interpretation of "Expelled" Versus "Cease to Be Members"

The crux of the matter lies in the distinction between an MP "ceasing to be a member" and being "expelled" from a political party, as interpreted within Article 49A. The constitutional provision implies that an MP vacates their seat if they cease to be a member through their own actions or inactions, such as non-payment of dues. Conversely, "expelled" connotes a decision made by the political party to remove a member. The actions of the six Bersatu MPs, in pledging allegiance to the ruling government, are viewed by some as leading to their expulsion by Bersatu, rather than a voluntary resignation or cessation of membership.
Speaker's Decision Aligns with Constitutional Exception

The Dewan Rakyat Speaker's decision appears to align with the interpretation that expulsion from a party is an exception that allows MPs to retain their seats under Article 49A. This means that even if Bersatu's amended constitution uses language suggesting members "cease to be members," the underlying conduct is seen as an expulsion. Therefore, the constitutional safeguard against party hopping does not apply in this specific instance, allowing the six MPs to continue serving their constituencies.

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Why are six MPs allowed to keep their seats after leaving their party?

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