Page "Constitution of Malaysia" Paragraph 58

Article 10 ( c )( 1 ) guarantees the freedom of association subject only to restrictions imposed through any federal law on the grounds of national security, public order or morality or through any law relating to labour or education ( Article 10 ( 2 )( c ) and ( 3 )).

In relation to the freedom of incumbent elected legislators to change their political parties, the Supreme Court of Malaysia in the Kelantan State Legislative Assembly v Nordin Salleh held that an " anti party-hopping " provision in the Kelantan State Constitution violates the right to freedom of association.

That provision stipulated that a member of the Kelantan legislative assembly who is a member of any political party shall cease to be a member of the legislative assembly if he or she resigns or is expelled from such political party.

The Supreme Court held that the Kelantan anti party-hopping provision was void because the " direct and inevitable consequence " of the provision is to restrict the right of members of the assembly from exercising their right to freedom of association.

Furthermore the Malaysian Federal Constitution sets out a complete list of the grounds on which a member of a State Legislative Assembly can be disqualified ( e. g. being of unsound mind ) and disqualification on the ground of resigning from one ’ s political party is not one of them.