CONSTITUTION OF MALAYSIA

Article number: 23
23.
• Any citizen of or over the age of twenty-one years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of the Federation by declaration registered by the Federal Government, and shall thereupon cease to be a citizen.
• (2) A declaration made under this Article during any war in which the Federation is engaged shall not be registered except with the approval of the Federal Government.
• (3) This Article applies to a woman under the age of twenty-one years who has been married as it applies to a person of or over that age.

Article number: 24
24.
• (1) If the Federal Government is satisfied that any citizen has acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any country outside the Federation, the Federal Government may by order deprive that person of his citizenship.
• (2) If the Federal Government is satisfied that any citizen has voluntarily claimed and exercised in any country, being rights accorded exclusively to its citizens, the Federal Government may by order deprive that person of his citizenship.
• (3) (Repealed)
        • (3A) Without prejudice to the generality of Clause (2), the exercise of a vote in any political election in a place outside the Federation shall be deemed to be the voluntary claim and exercise of a right available under the law of that place; and for the purposes of Clause (2), a person who, after such date as the Yang di-Pertuan Agong may by order appoint for the purposes of this Clause -
       • (a) applies to the authorities of a place outside the Federation for the issue or renewal of a passport; or
       • (b) uses a passport issued by such authorities as a travel document,
       • shall be deemed voluntarily to claim and exercise a right available under the law of that place, being a right accorded exclusively to the citizens of that place.
• (4) If the Federal Government is satisfied that any woman who is a citizen by registration under Clause (1) of Article 15 has acquired the citizenship of any country outside the Federation by virtue of her marriage to a person who is not a citizen, the Federal Government may by order deprive her of her citizenship.

Article number: 25
25.
(1) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied -
      • (a) that he has shown himself by act or speech to be disloyal or disaffected towards the Federation;
      • (b) that he has, during any war in which the Federation is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or
      • (c) that he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced.
• (1A) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied that without the Federal Government's approval, he has accepted, served in, or performed the duties of any office, post or employment under the Government of any country outside the Federation or any political sub-division thereof, or under any agency of such a Government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:
Provided that a person shall not be deprived of citizenship under this Clause by reason of anything done before the beginning of October 1962, in relation to a foreign country, and before the beginning of January 1977, in relation to a Commonwealth country, notwithstanding that he was at the time a citizen.
• (2) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalization if satisfied that he has been ordinarily resident in countries outside the Federation for a continuous period of five years and during that period has neither -
       • (a) been at any time in the service of the Federation or of an international organization of which the Federal Government was a member; nor
       • (b) registered annually at a consulate of the Federation his intention to retain his citizenship:
provided that this Clause shall not apply to any period of residence in any Commonwealth country before the beginning of January 1977.
• (3) (Repealed)

Article number: 26
26.
• (1) The Federal Government may by order deprive of his citizenship any citizen by registration or by naturalization if satisfied that the registration or certificate of naturalization -
• (a) was obtained by means of fraud, false representation or the concealment of any material fact; or
• (b) was effected or granted by mistake.
• (2) The Federal Government may by order deprive of her citizenship any woman who is a citizen by registration under Clause (1) of Article 15 if satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of two years beginning with the date of the marriage.
• (3) (Repealed).
• (4) (Repealed).

26A. Where a person has renounced his citizenship or been deprived thereof under Clause (1) of Article 24 or paragraph (a) of Clause (1) of Article 26, the Federal Government may by order deprive of his citizenship any child of that person under the age of twenty-one who has ben registered as a citizen pursuant to this Constitution and was so registered as being the child of that person or of that person's wife or husband.

26B.
• (1) Renunciation or deprivation of citizenship shall not discharge a person from liability in respect of anything done or omitted before he ceased to be a citizen.
• (2) No person shall be deprived of citizenship under Article 25, 26 or 26A unless the Federal Government is satisfied that it is not conducive to the public good that he should continue to be a citizen: and no person shall be deprived of citizenship under Article 25, paragraph (b) of Clause (1) of Article 26, or Article 26A if the Federal Government is satisfied that as a result of the deprivation he would not be a citizen of any country.

27.
• (1) Before making an order under Article 24, 25 or 26, the Federal Government shall give to the person against whom the order is proposed to be made notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.
• (2) If any person to whom such notice is given applies to have the case referred as aforesaid the Federal Government may, refer the case to a committee of inquiry consisting of a chairman (being a person possessing judicial experience) and two other members appointed by that Government for the purpose.
• (3) In the case of any such reference, the committee shall hold an inquiry in such manner as the Federal Government may direct, and submit its report to that Government: and the Federal Government shall have regard to the report in determining whether to make the order.

28.
• (1) For the purposes of the foregoing provisions of this Chapter -
        • (a) any person who before Merdeka Day became a federal citizen or a citizen of the Federation by registration as a citizen or in consequence of his registration as a citizen or in consequence of his registration as the subject of the Ruler, or by the grant of a certificate of citizenship, under any provision of the Federation of Malaya Agreement, 1948, or of any State law shall be treated as a citizen by registration and, if he was not born within the Federation, as a citizen by registration under Article 17;
        • (b) a woman who before that day became a federal citizen or a citizen of the Federation by registration as a citizen, or in consequence of her registration as the subject of the Ruler, under any provision of the said Agreement or any State law authorizing the registration of women married to citizens of the Federation or to subjects of the Ruler shall be treated as a citizen by registration under Clause (1) of Article 15;
       • (c) any person who before that day was naturalised as a federal citizen or a citizen of the Federation under the said Agreement of became a federal citizen or a citizen of the Federation in consequence of his naturalization as the subject of a Ruler under any State law shall (subject to Clause (2)) be treated as a citizen by naturalization.
and references in those provisions to the registration or naturalization of a citizen shall be construed accordingly.
• (2) No person born within the Federation shall be liable by virtue of this Article to be deprived of citizenship under Article 25.
• (3) A person who on Merdeka Day became a citizen by operation of law as having been citizen of the Federation immediately before that day shall not be deprived of citizenship under Clause (1) or (2) of Article 24 by reason of anything done on or before that day, but in the case of any such person Clause (2) of Article 25 shall apply equally in relation to a period of residence in foreign countries beginning before Merdeka Day and in relation to such a period beginning on or after that day.

28a.
• (1) (Repealed)
• (2) For the purposes of Articles 24, 25, 26 and 26A a person who on Malaysia Day becomes a citizen by operation of law because immediately before that day he has the status of a citizen of the United Kingdom and Colonies shall be treated -
• (a) as a citizen by registration if he acquired that status by registration; and
• (b) as a citizen by naturalisation if he acquired that status by or in consequence of naturalisation;
and references in those Articles to the registration or naturalisation of a citizen shall be construed accordingly.
• (3) Where a woman is under this Article to be treated as a citizen by registration, and the status consequence of which she is to be treated was acquired by her virtue of marriage, then for purposes of Clause (4) of Article 24 and Clause (2) of Article 26 she shall be treated as a citizen by registration under Clause (1) of Article 15.
• (4) Where a person born before Malaysia Day is under this Article to be treated as a citizen by registration by virtue of a connection with the State of Sabah or Sarawak and he was not born in the territories comprised in the States of Sabah and Sarawak, Article 25 shall apply to him as if he were a citizen by registration under Article 16a or 17.
• (5) Notwithstanding that a person is under this Article to be treated as a citizen by naturalisation,he shall not be deprived of his citizenship under Article 25 if he was born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak and is to be treated by virtue of a status acquired by or in consequence of naturalisation in those territories.
• (6) Without prejudice to the forgoing Clauses, where on Malaysia Day a person becomes a citizen by operation of law in virtue of any status possessed by him immediately before that day to be deprived of that status under the law relating thereto, then the Federal Government may by order deprive him of his citizenship, ir proceedings for that purpose are begun before September 1965: but Clause (2) of Article 26b and, subject to Clause (7), Article 27 shall apply to an order under this Clause as they apply to an order under Article 25.
• (7) Where a person is liable to be deprived of citizenship under Clause (6) and proceedings had before Malaysia Day begun to deprive him of the status of virtue of which he acquired his citizenship, those proceedings shall be treated as proceedings to deprive him of citizenship under that Clause, and shall be continued in accordance with the law relating to that status immediately before Malaysia Day, and the functions the Federal Government in relation thereto shall be delegated to such authority of the State in question as the Federal Government may determine.

29.
• (1) In accordance with the position of the Federation within the Commonwealth, every person who is a citizen of the Federation enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.
• (2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.

30.
• (1) The Federal Government may, on the application of any person with respect to whose citizenship a doubt exists, whether of fact or of law, certify that person is a citizen.
• (2) A certificate issued under Clause (1) shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that the person to whom it relates was a citizen on the date of the certificate, but without prejudice to any evidence that he was a citizen at an earlier date.
• (3) For the purpose of determining whether a person was born a citizen of the Federation, any question whether he was born a citizen of another country shall be decided by the Federal Government,whose certificate thereon (unless proved to have been obtained by means of fraud, false representation or concealment of a material fact ) shall be conclusive.
• (4) (Repealed)

31. Until Parliament otherwise provides, the supplementary provisions contained in Part lll of the Second Schedule shall have effect for the purposes of this Part.

32.
• (1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court.
• (2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.
• (3) The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.
• (4) The provisions of Part l and lll of the Third Schedule shall apply to the election and removal of the Yang di-Pertuan Agong.

33.
• (1) There shall be a Deputy Supreme Head of the Federation (to be called the Timbalan Yang di-Pertuan Agong) who shall exercise the functions and have the privileges of the Yang di-Pertuan Agong during any vacancy in the office of the Yang di-Pertuan Agong and during any period during which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause, but the Timbalan Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days, unless the Timbalan Yang di-Pertuan is satisfied that it is necessary or expedient to exercise such functions.
• (2) The Timbalan Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, or if elected during the term for which the Yang di-Pertuan Agong was elected, for the remainder of that term, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers and shall cease to hold office on ceasing to be a Ruler.
• (3) If during the term for which the Timbalan Yang di-Pertuan Agong was elected a vacancy occurs in the office of the Yang di-Pertuan Agong his term shall expire on the cessation of the vacancy.
• (4) the provisions of Part ll of the Third Schedule shall apply to the election of the Timbalan Yang di-Pertuan Agong.
• (5) Parliament may by law provide for the exercise by a Ruler of the functions of the Yang di-Pertuan Agong in cases where those functions would under Clause (1) fall to be exercised owing to a vacancy in the office of the Timbalan Yang di-Pertuan Agong or to his illness, absence from the Federation or to any other cause; but such a law shall not be passed without the consent of Conference of Rulers.

34.
• (1) The Yang di-Pertuan Agong shall not exercise his functions as Ruler of his State except those Head of the religion of Islam.
• (2) The Yang di-Pertuan Agong shall not hold any appointment carrying any remuneration.
• (3) The Yang di-Pertuan Agong shall not actively engage in any commercial enterprise.
• (4) The Yang di-Pertuan Agong shall not receive any emoluments of any kind payable or accruing to as the Ruler of his State under the provisions of the Constitution of that State or of any State law.
• (5) The Yang di-Pertuan Agong shall not, without the consent of the Conference of Rulers, be absent from the Federation for more than fifteen days, except on a State visit to another country.
• (6) Clauses (2) and (3) shall apply to the Raja Permaisuri Agong.
• (7) Where the Timbalan Yang di-Pertuan Agong or any other person authorised by law exercises the functions of the Yang di-Pertuan Agong for a period exceeding fifteen days Clause (1) to (5) shall apply to him during that period as they apply to the Yang di-Pertuan Agong.
• (8) Nothing in Clause (1) shall prevent the Yang di-Pertuan Agong exercising as Ruler of his State any power vested in him either alone or in conjunction with any other authority -
• (a) to amend the Constitution of the State; or
• (b) to appoint a Regent or member of a Council of Regency in the place of any Regent or member, as the case may be, who has died or has become incapable for any reason of performing the duties of the office of Regent or member of the Council of Regency..... respectively.

35.
• (1) Parliament shall by law provide a Civil List of the Yang di-Pertuan Agong which shall include provision of an annuity to be paid to the Raja Permaisuri Agong, and shall be charged on the Consolidated Fund and shall not be diminished during the Yang di-Pertuan Agong's continuance in office.
• (2) Parliament shall by law make provision for the renumeration of the Timbalan Yang di-Pertuan Agong or any other person authorized by law to exercise the functions of the Yang di-Pertuan Agong during any period during which he exercises those functions and the renumeration for which provision is made in pursuance of this Clause shall be charged on the Consolidated Fund.

36. The Yang di-Pertuan Agong shall keep and use the Public Seal of the Federation.

37.
• (1) The Yang di-Pertuan Agong shall before exercising his functions take and subscribe before the Conference of Rulers and in the presence of the Lord President of the Supreme Court (or in his absence the next senior judge of the Supreme Court available) the oath of office set out in Part 1 of the Fourth Schedule; and the oath shall be attested by two persons appointed for the purpose by the Conference of Rulers.
• (2) The Timbalan Yang di-Pertuan Agong shall before exercising his functions, other than the functions exercisable for the purpose of convening the Conference of Rulers, take and subscribe before the Conference of Rulers and in the presence of the Lord President of the Supreme Court (or in his absence the next senior judge of the Supreme Court available) the oath of office set out in Part 11 of the Fourth Schedule.
• (3) The said oaths, translated into English, are set out in Part 11 of the Fourth Schedule.
• (4) Any law made under Article 33 (5) shall make provision corresponding (with the necessary modifications) to Clause (2).

38.
• (1) There shall be a Majlis Raja-Raja (Conference of Rulers), which shall be constituted in accordance with the Fifth Schedule.
• (2) The Conference of Rulers shall exercise its functions of -
        • (a) electing, in accordance with the provisions of the Third Schedule, the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong;
        • (b) agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;
        • (c) consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference,
and may deliberate on questions of national policy (for example changes in immigration policy) and any other matter that it thinks fit.
• (3) When the Conference deliberates on matters of national policy the Yang di-Pertuan Agong shall be accompanied by the Prime Minister, and the other Rulers and the Yang di-Pertua-Yang di-Pertua Negeri by their Menteri-Menteri Besar or Chief Ministers; and the deliberations shall be among the functions exercised, ny the Yang di-Pertuan Agong in accordance with the advice of the Cabinet, and by other Rulers and the Yang di-Pertua -Yang di-Pertua Negeri in accordance with the advice of their Executive Councils.
• (4) No law directly affecting the privileges, position, honours or dignities of the Rulers shall be passed without the consent of the Conference of Rulers.
• (5) The Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made.
• (6) The members of the Conference of Rulers may act in their discretion in any proceedings relating to the following functions, that is to say -
        • (a) the election or removal from office of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong;
        • (b) the advising on any appointment;
        • (c) the giving or withholding of consent to any law altering the boundaries of a State or affecting the privileges, position, honours or dignities of the Rulers; or
        • (d) the agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole.
• (7) (Repealed).

39. The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable, subject to the provisions of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorised by the Cabinet, but Parliament amy by law confer executive function on other persons.

40.
• (1) In the exercise of his functions under this Constitution or federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorised by the Cabinet, but Parliament made by law confer executive function on other persons.

40a.
• (1) In the exercise of his functions under this Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.
• (2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say -
        • (a) the appointment of a Prime Minister;
        • (b) the withholding of consent to a request for the dissolution of Parliament;
        • (c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such a meeting and in any other case mentioned in this Constitution.
• (3) Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or body of persons other than the Cabinet in the exercise of any of his functions other than -
        • (a) functions exercisable in his discretion;
        • (b) functions with respect to the exercise of which provision is made in any other Article.

41. The Yang di-Pertuan Agong shall be the Supreme Commander of the armed forces of the Federation.

42.
(1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.
• (2) Subject to Clause (10), and without prejudice to any provision of federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur and Labuan and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.
• (3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan as the case may be, shall each be regarded as a State.
• (4) The powers mentioned in this Article -
• (a) are, so far as they are exercisable by the Yang di-Pertuan Agong, among functions with respect to which federal law may make provision under Article 40 (3);
• (b) shall, so far as they are exercisable by the Ruler or Yang di-Pertuan Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5).
• (5) The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.
• (6) The members of a Pardons Board appointed by the Ruler or Yang Dipertua Negeri shall be appointed for a term of three years and shall be eligible for re-appointment, but may at any time resign from the Board.
• (7) A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang Dipertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member.
• (8) The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it.
• (9) Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon.
• (10) Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Peneng, Sabah or Sarawak or the Federal Territories of Kuala Lumpur and Labuan shall be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.
• (11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territory of Kuala Lumpur and the Federal territory of Labuan and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di-Pertua Negeri" shall be construed as reference to the Minister responsible for the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan.

43.
• (1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.
• (2) The Cabinet shall be appointed as follows, that is to say -
• (a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House; and
• (b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament;
but if an appointment is made while parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Representatives, and in any other case he is a member either of that House or of the Senate.
• (3) The Cabinet shall be collectively responsible to Parliament.
• (4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
• (5) Subject to Clause (4), Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign his office.
• (6) Before a Minister exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule.
• (7) Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under Article 17 shall not be appointed Prime Minister.
• (8) If a member of the Legislative Assembly of a State is appointed a minister he shall resign from the Assembly before exercising the functions of his office.
• (9) Parliament shall by law make provision for the renumeration of members of the Cabinet.

43A.
• (1) The Yang di-Pertuan Agong may on the advice of the Prime Minister appoint Deputy Ministers from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.
• (2) Deputy Ministers shall assist Ministers in the Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers.
• (3) The provisions of Clauses (5), (6) and (8) of Article 43 shall apply to Deputy Ministers as they apply to Ministers.
• (4) Parliament shall by law make provision for the renumeration of Deputy Ministers.

43B.
• (1) The Prime Minister may appoint Parliamentary Secretaries from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved, a person who was a member of the last House of Representatives may be appointed, but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.
• (2) Parliamentary Secretaries shall assist Ministers and Deputy Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers and Deputy Ministers.
• (3) A Parliamentary Secretary may at any time resign his office, and his appointment as such may be determined at any time by the Prime Minister.
• (4) Before a Parliamentary Secretary exercises the functions of his office he shall take and subscribe in the presence of the Prime Minister the oath of secrecy set out in the Sixth Schedule.
• (5) Parliament shall by law make provision for the renumeration of Parliamentary Secretaries.

43C.
• (1) The Prime Minister may appoint such number of persons as he may think fit to be Political Secretaries.
• (2) A person appointed as a Political Secretary by virtue of this Article-
        • (a) need not be a member of either House of Parliament;
        • (b) may resign his office at any time;
        • (c) subject to paragraph (b), shall continue in office until such time as his appointment is determined by the Prime Minister.
• (3) The provisions of Clause (4) of Article 43B shall apply to Political Secretaries as they apply to Parliamentary Secretaries.
• (4) The duties and functions of Political Secretaries, and their renumeration, shall be determined by the Cabinet.