Federal Constitution
NOTES
Art. 54
1. The present Article was substituted by Act 59/1966, section 2, in force from 19-09-1966.
The earlier Article as it stood at the date of repeal read as follows:
“54. Except where there is a vacancy among the members elected to the Senate by a State
and the vacancy is to be filled in accordance with the provisions of the Seventh Schedule,
whenever there is a vacancy among the members of the Senate or a casual vacancy among
the members of the House of Representatives it shall be filled within sixty days from the
date on which it is established that there is a vacancy, and an election shall be held or
an appointment made accordingly.”.
Clause (1)
a. Further proviso inserted by Act A1, section 2, in force from 18-11-1968.
b. Amended by Act A31, section 3, in force from 24-03-1971, by omitting in the first
proviso after the words “out of time” the following:
“but in any such case the term of office of a member of the Senate so appointed
shall be six years from the end of the period of sixty days from the date on which
the existence of the vacancy which he was appointed to fill was established and not
six years from the date of his appointment.”.
c. Amended by Act A354, section 16, in force from 27-08-1976, by inserting after the words
“the date on which it is established” the words “by the Election Commission”.
d. The words “Clause (3)” substituted for “Clauses (2) and (3)” by Act A585,
paragraph 21(a), in force from 14-04-1984.
e. The words “by the President of the Senate that there is a vacancy or by the Election
Commission that there is a casual vacancy, as the case may be” substituted for “by the
Election Commission that there is a vacancy” by Act A857, paragraph 3(a), in force
from 20-08-1993.
f. T h e s e c o n d p r o v i s o w h i c h w a s s u b s t i t u t e d b y t h e p r e s e n t p r o v i s o b y
Act A857, paragraph 3(b), in force from 20-08-1993 read as follows:
“Provided further, if a casual vacancy in the House of Representatives is established
on a date within six months of the date Parliament shall, in accordance with
Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled.”.
Clause (2)
a. Amended by Act A354, section 16, in force from 27-08-1976, by inserting after the words
“the date on which it is established” the words “by the Election Commission”.
b. This Clause was deleted by Act A585, paragraph 21(b), in force from 14-04-1984 and
read as follows:
“(2) Where a casual vacancy in the House of Representatives relates to a vacancy
which shall be filled by a member from Sabah or Sarawak, such casual vacancy shall
be filled within ninety days from the date on which it is established by the Election
Commission that there is a vacancy and an election shall be held accordingly.”.
2. See Art. 57(1a) & 118a.
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