How a Malaysian law actually gets made — and why some Bills die on the way

In 2026, two constitutional amendments went before the Dewan Rakyat. One — on prime ministerial term limits — failed to secure the two-thirds majority it needed. The other — separating the Attorney General and Public Prosecutor — was tabled in February, sent to a select committee, re-tabled in June, and as of mid-July had its second reading adjourned pending notification to the Conference of Rulers.

Neither is law. Both were "passed" in headlines at various points.

That gap between what gets reported and what's actually in force is why this page exists.

1. Before Parliament sees it

Most Bills begin inside government.

A ministry prepares a first draft with assistance from the Attorney General's Chambers, which does the actual legislative drafting. Policy is decided at Cabinet level; the AGC turns it into statutory language.

Where Bills can start: either House — except Money Bills, which under Article 67 must originate in the Dewan Rakyat and can only be introduced by a Minister.

Private members' Bills exist in theory but are rare in Malaysian practice. The overwhelming majority are Government Bills.

2. The Dewan Rakyat: three readings

First Reading. The Minister or MP introduces the Bill. The title is read and copies circulate to all MPs. There's no actual reading and no debate — it's a formal notification step.

Second Reading. The real one. MPs debate the principles of the Bill — whether it should proceed at all, its likely impact, and what should change. This is where MPs seek explanations, propose amendments, or oppose it.

Committee Stage. The Bill is examined clause by clause and further amendments can be made.

Third Reading. The Bill is put to a vote in final form, usually a formality by this point.

The threshold:

• Ordinary Bills — more than half of MPs present and voting
• Constitutional amendments — two-thirds of the total membership, meaning 148 of 222 in the Dewan Rakyat

A Bill can also be referred to a Parliamentary Special Select Committee for closer scrutiny, as happened with the AG–PP separation Bill after concerns from both government and opposition MPs. The committee reports back, and its report itself has to be tabled and approved before the Bill can proceed.

3. The Dewan Negara, and what it can't do

Once passed, the Bill goes to the Dewan Negara (Senate) — unelected, and it repeats the same three readings.

The important limits:

• The Dewan Negara may initiate legislation, except on financial and fiscal matters
• It may amend legislation, provided it doesn't deal with financial matters
• It cannot formally reject a Bill. It can only delay — by one month, or up to a year in certain circumstances

The Article 68 override. If the Dewan Negara doesn't pass a Bill the Dewan Rakyat has approved, the Dewan Rakyat can reintroduce it in the next session — typically about a year later. If the Dewan Negara again fails to pass it without amendment, it proceeds automatically to the Agong.

Practical translation: the Dewan Negara is a revising chamber, not a veto. In a system where the governing coalition controls the lower house, it rarely blocks anything outright.

For constitutional amendments, two-thirds is required in the Dewan Negara too — 47 of 70 members.

4. Royal assent

The Bill goes to the Yang di-Pertuan Agong under Article 66(3).

Assent must be given within 30 days.

If the Agong objects, or 30 days pass without assent, the Bill is returned to Parliament with a list of suggested amendments. Both Houses must then reapprove it. If the Agong still doesn't assent within 30 days of it being presented again, the Bill automatically becomes law.

This is a meaningful constitutional design point: royal assent in Malaysia is a time-limited step, not an indefinite veto.

5. The step everyone forgets: the Gazette

A Bill that has received royal assent becomes an Act of Parliament. That is not the same as being in force.

Article 66(5) requires publication in the Federal Gazette. The rationale is straightforward — the public has to be able to know what the law is.

And in force is different again. Many Acts state that they come into operation "on a date to be appointed by the Minister by notification in the Gazette," and different provisions can be brought into force on different dates.

Real examples from these pages:

• The Control of Smoking Products for Public Health Act 2024 was gazetted 2 February 2024 but only came into operation 1 October 2024, with phased product limits stretching to October 2026
• The three Acts decriminalising attempted suicide were passed in 2023 but brought into force in September 2025
• The PDPA (Amendment) Act 2024 was phased in across 2025, with full implementation from 1 June 2025

So when someone says "the new law is passed," the right follow-up question is: has it been gazetted, and has it come into force? Those are three different milestones and they can be years apart.

6. The extra consents some Bills need

Not every Bill only needs Parliament.

Conference of Rulers consent is required for amendments to:

• Article 152 — national language
• Article 153 — special position of the Malays and natives of Sabah and Sarawak

Yang di-Pertua Negeri consent — for constitutional amendments affecting Sabah or Sarawak. See also: [MA63: what Sabah and Sarawak were promised](/p/5-facts-about-the-malaysia-agreement-1963)

State Legislative Assembly consent — for certain Acts of Parliament to operate in the States.

And notification, distinct from consent. In July 2026 the government adjourned the second reading of the AG–PP Bill specifically to notify the Conference of Rulers of further proposed amendments before proceeding. See also: [One person is the government's lawyer AND decides who gets prosecuted](/p/attorney-general-public-prosecutor-malaysia-role-criminal-court)

7. State laws

The same shape, one chamber fewer.

State Enactments start as Bills, are debated and passed by the State Legislative Assembly, then assented to by the Ruler or Yang di-Pertua Negeri, then published. No upper house.

This is why Islamic family law, land matters and state offences vary between states — each assembly legislates separately within its constitutional competence. It's also why "just raise the minimum marriage age nationally" isn't available to Parliament. See also: [Child marriage is still legal in Malaysia](/p/adults-marry-children-minor-underage-marriage-malaysia-law)

8. Why it takes so long

The honest answer, from someone reading a lot of Malaysian legislative history:

Drafting is slow. Complex Bills sit with the AGC for a long time before anyone sees them.

Parliament sits in limited windows. A Bill that misses a meeting waits for the next one.

Two-thirds is genuinely hard. Constitutional amendments need cross-bench support, which means negotiation, which means delay — and sometimes failure, as the PM term limit Bill showed in 2026.

Select committee referrals add months — but usually improve the Bill.

Consultation requirements with Rulers, states or stakeholders add further steps.

And commencement is a policy choice. Governments frequently gazette an Act and then delay operation to give affected industries time to prepare — which is why Act 852 gave retailers until April 2025 for the display ban.

What to actually do

If you're following a Bill:

• Check the Parliament website (parlimen.gov.my) for the Bills list and order papers
• Track which reading it's at, and in which House
• For constitutional amendments, watch for the two-thirds count — it's the real hurdle
• After passage, check the Federal Gazette for the commencement date

If someone tells you "the law has changed":

• Ask whether it's been passed, gazetted, or brought into force. Those are three different things.
• Check the Act's commencement provision — phased implementation is common.

If you want to influence a Bill:

• Public consultation happens at the drafting stage, often through the relevant ministry or the Legal Affairs Division (BHEUU)
• Select committees have taken submissions from professional bodies and civil society
• Your MP can raise matters at second reading