Experts: No constitutional changes needed for indelible ink
Published: Nov 12, 2011 11:16 AM | Updated: Nov 13, 2011 12:13 AM
There is no need to amend the Federal Constitution to pave the way for the use of indelible ink in the country's elections, the Parliamentary Select Committee (PSC) on Electoral Reform's public
hearing was told today.
There is no need to amend the Federal Constitution to pave the way for the use of indelible ink in the country's elections, the Parliamentary Select Committee (PSC) on Electoral Reform's public
hearing was told today.
Speaking on the second day of the public hearing, former Bar Council president Ambiga Sreenevasan said the system can be implemented only by changing the election regulation.
"Absolutely no need... the only thing needed is to change the (EC's) regulation, not the constitution; and this can be done under Section 16 of the Election Act which allows the EC to make regulations, and then put it before the Parliament and get it done," she said to a question from a committee member.
Mohd Radzi Sheikh Ahmad had earlier asked Ambiga for her views on the matter, including possibility of the election results being challenged in court should the system was introduced without amending the Federal Constitution.
The Election Commission (EC) scrapped the indelible ink plan for the March 8, 2008 general election following a legal advice.
This included the need to enact a legislation allowing voters whose nail or forefinger had been applied with the ink to be given the ballot papers.
Bar Council President Lim Chee Wee expressed confidence that the system could be implemented.
"I agree that there is no guarantee that my legal view is correct, but I am 99.9 per cent confident that there is no need to amend the constitution to use indelible ink," he said.
- Bernama
hearing was told today.
Speaking on the second day of the public hearing, former Bar Council president Ambiga Sreenevasan said the system can be implemented only by changing the election regulation.
"Absolutely no need... the only thing needed is to change the (EC's) regulation, not the constitution; and this can be done under Section 16 of the Election Act which allows the EC to make regulations, and then put it before the Parliament and get it done," she said to a question from a committee member. Mohd Radzi Sheikh Ahmad had earlier asked Ambiga for her views on the matter, including possibility of the election results being challenged in court should the system was introduced without amending the Federal Constitution.
The Election Commission (EC) scrapped the indelible ink plan for the March 8, 2008 general election following a legal advice.
This included the need to enact a legislation allowing voters whose nail or forefinger had been applied with the ink to be given the ballot papers.
Bar Council President Lim Chee Wee expressed confidence that the system could be implemented.
"I agree that there is no guarantee that my legal view is correct, but I am 99.9 per cent confident that there is no need to amend the constitution to use indelible ink," he said.
- Bernama
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