Why is amending the Election Commission Act easier than the Constitution?

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Amending the Election Commission Act Requires a Simple Majority, Unlike the Constitution's Two-Thirds Requirement

Amending the Election Commission Act 1957 is a less arduous legislative process compared to amending the Federal Constitution primarily due to the differing voting thresholds required for each. While a constitutional amendment necessitates the support of a two-thirds majority in Parliament, a simple majority is sufficient for changes to an Act. This distinction is crucial for the proposed introduction of a party-list system aimed at curbing political defections.
Simple Majority Defined by Presence and Debate

The term "simple majority" for an Act's amendment refers to the majority of members present and participating in the debate on the day the legislation is tabled. This is distinct from requiring a fixed number of votes, such as the 112 votes that constitute a two-thirds majority of the Dewan Rakyat's 222 members. Therefore, a bill requiring a simple majority could pass with support from fewer than 112 MPs, provided they represent the majority of those actively engaged in the legislative process at that specific time.
Legal Frameworks Dictate Amendment Procedures

The Federal Constitution, as the supreme law of the land, is designed to be more robust and difficult to alter, hence the stringent two-thirds majority requirement for any amendments. This ensures that fundamental principles and structures of the nation are not subject to rapid or transient political whims. In contrast, Acts of Parliament, such as the Election Commission Act, are subordinate legislation that can be modified more readily to address specific contemporary issues, such as electoral reforms.
Party-List System Aims to Prevent Political Defection

The proposed amendment to the Election Commission Act focuses on establishing a party-list system. Under this system, voters would cast their ballots for political parties rather than individual candidates. The intention behind this reform is to mitigate the issue of political defections, where elected representatives switch their party affiliations after an election, thereby destabilising governments and undermining voter mandates. The proposed change aims to ensure that seats remain with the party, allowing the party to appoint a replacement if a defection occurs.

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Why is amending the Election Commission Act easier than the Constitution?

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