Members of the Dewan Negara are referred to as "Senators" in English or "Ahli Dewan Negara" in Malay. They are accorded the honorific style of Yang Berhormat Senator in Malay official documents. The term of office is three years and senators may only be re-appointed once, consecutively or non-consecutively.
Each of the 13 state legislative assemblies chooses two senators. The Yang di-Pertuan Agong appoints two (2) senators for the Federal Territory of Kuala Lumpur and one respectively for the Federal Territories of Labuan and Putrajaya on the advice of the prime minister.
Another 40 senators, regardless of their states, are appointed by the Yang di-Pertuan Agong, also on prime minister's advice. Federally appointed senators must have "rendered distinguished public service or have achieved distinctions in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines or the Orang Asli in Malayan Peninsular Malaysia".
The intent of the original Constitution of Malaysia, which provided for only 16 senators to be appointed by the King (thus placing them in the minority) was to give the states some say over federal policy. However, according to Tun Mohamed Suffian Mohamed Hashim, Lord President of the Federal Court acted, subsequent amendments have acted, "contrary to the spirit of the original constitution which established the Dewan Negara specially as a body to protect in the federal Parliament, state interests against federal encroachments" (Hickling's Malaysian Public Law, 2003).
Qualification needed for a candidate to be a Member of the Dewan Negara are as below:
- Malaysian citizen at least 30 years of age;
- Residing in the Federation;
- Must not owe allegiance to any foreign state;
- Must not have received a prison sentence of one year or longer; and
- Must not have been fined RM 2,000.00 or more.
Parliament is permitted to increase the number of senators to three (3) per state, reduce the number of appointed senators, or abolish the post of appointed senator altogether. The process of appointment is set out by Article 45 of the Constitution. The Constitution provides for direct election of the 26 senators from the states, but this clause does not take effect until Parliament passes a law bringing it into effect. As of 2024, the power given to the Parliament under Clause (4) of Article 45 was never invoked and the senators remain indirectly elected.
Senators can be appointed to ministerial posts in the Cabinet by the Yang di-Pertuan Agong (YDPA) on the advice of the prime minister. However, the Dewan Negara never supplies the prime minister, as the prime minister must be a member of the Dewan Rakyat.
The Dewan Negara is not affected by the elections for the Dewan Rakyat, and senators continue to hold office despite the Dewan Rakyat's dissolution for an election.
The Dewan Negara elects a president to preside over sittings of the Dewan Negara, ensure observance of the rules of the house, and interpret the Standing Orders of the house should they disputed. Should the president be absent, his deputy, the vice president, takes his place.
