THE MALAYSIAN CONSTITUTION

THE MALAYSIAN CONSTITUTION

The Malaysian Constitution is also known as the Federal Constitution. The Constitution is a document of written laws created and based on two earlier documents - The Federated Malay States Agreement of 1949 and the Merdeka Constitution of 1957. The Malaysian Constitution was also created under the advice of the Reid Commission that was set up to study the Constitution in 1956. The Constitution is deemed effective immediately after the country’s independence on 31st August 1957.

The concept behind the Constitution is as follows:
  • The Constitution is the supreme law in the land
  • It is the source of all other laws in the land
  • No other institution in Malaysia supersedes the sanctity and the standing of the Constitution
  • All other laws cannot contest the Constitution
  • The Court has the power to invalidate any law created in Parliament if it deems such law is inconsistent with the Constitution; and
  • Whilst the Yang di-Pertuan Agong is the Head of State, His Royal Highness is not bound to the Constitution.
The Constitution was created with the following objectives:
  • To create a just government
  • To prevent any abuse of power by the government
  • To protect the government and its citizenry
  • As a tool to solve problems
  • To guarantee the nation’s future; and
  • To guarantee the nation’s peace and stability

The Malaysian Constitution contains 131 Articles that touch on every aspect of governance. The Constitution is made of 16 Parts. They are:

Part I: The States, Religion and Law of the Federation
Malaysia is a Federation of 13 states and three Federal Territories. Islam is the religion of the Federation, but other religions may be practised in peace and harmony in any part of the Federation. The Constitution is the supreme law of the Federation and any law passed after Merdeka Day that is inconsistent with this Constitution, to the extent of the inconsistency, is void.

Part II: Fundamental Liberties
This part identifies the fundamental freedom that is the right of all citizens, the right to life and liberty, freedom from slavery or forced labour, equality in the eyes of the law, freedom of movement, freedom of speech, the right to assemble and form associations, the freedom to practise one’s religion, right to education, and right to own property.

Part III: Citizenship
Persons become a citizen of Malaysia in the following manner (subject to Provisions in this part): born in Malaysia, married to a male citizen of Malaysia or has as one of her parents a Malaysian citizen, or having residence in the country for a specified length of time. Details on how someone can terminate his citizenship is also found in this section.

Part IV: The Federation
This part contains the articles for the system of government in Malaysia. The Head of State of the Federation shall be the Yang di-Pertuan Agong, elected by the Conference of Rulers, for a term of five years. Members of the Conference of Rulers are the Rulers of the states and the appointed Governors of those states without Rulers. In this Article it is also stated the procedure of setting up the Cabinet of Ministers and the office of the Prime Minister. This Article also details the formation of the Parliament that is made up of the Yang di-Pertuan Agong and two Parliamentary Councils that is known as the House of Parliament and the House of Representatives.

Part V: The States
Each State has their Constitution and Legislative Assembly. The Legislative Assembly of the State has the power to formulate laws in accordance to their Constitution. The Rulers and the Governors have their own constitutional Rights and Privileges.

Part VI: Relations between the Federation and the States
This Part explains the separation of powers between the Federation and the States. It states that Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation and the Legislature of a State may make laws for the whole or any part of that State.

Part VII: Financial Provisions
This Part mentions that the Government shall not levy tax nor create expenditure except by or under the authority of federal law.

Part VIII: Elections
This Part confirms the rights of citizens to vote for their representatives. The body to manage the election and prepare and revise the electoral rolls for the elections is the Election Commission. The Yang di-Pertuan Agong in consultancy with the Conference of Rulers shall appoint the Election Commission.

Part IX: The Judiciary
This section provides for the Malaysian judicial system and identifies the items that are under the jurisdiction of the Malaysian courts. This section also provides for the procedure in which the High Court, Appeals Courts and the Federal Courts judges are appointed.

Part X: Public Services
In this section, the Malaysian public services are identified, including the police force, the army and the educational services. It also covers members of the civil service such as those who work for the ministries, Federal and State governments. Commissions are responsible for appointments, promotions and termination of public servants, and in general, members of these Commissions are appointed by the Yang di-Pertuan Agong. The Attorney General’s office is also created under this section.

Part XI: Special Powers against subversion, organised violence, and acts and crimes prejudicial to the public and emergency powers
The Parliament maintains the power to invoke laws that supersede all other rights in the Constitutions in the event of an Emergency or for the purpose of public security.

Part XII: General and Miscellaneous
The Malay language is the national language. It is the responsibility of the Yang di-Pertuan Agong to safeguard the special positions of the Malays and natives of the States of Sabah and Sarawak and the legitimate interests of other communities. In this section is stated the manner in which the Constitution can be amended.


Part XIIA: Additional Protections for States of Sabah and Sarawak
This section states special provisions for Sabah and Sarawak, which includes native land to be reserved for the native communities of Sabah and Sarawak.

Part XIII: Temporary and Transitional Provisions
This part states that the existing laws shall, until repealed by the authority having power to do so under this Constitution, continue in force on and after Merdeka Day, with such modifications as may be made therein under this Article and subject to any amendments made by Federal or State law.

Part XIV: Exclusion of Sovereignty, etc.., Rulers’
The sovereignty, prerogatives, power and jurisdiction of the Rulers and the sovereignty, prerogative, power and jurisdiction of the Ruling Chiefs of Negeri Sembilan within their respective territories as hitherto had and enjoyed shall remain unaffected.

Part XV: Proceedings against the Yang di-Pertuan Agong and the Rulers
In this section, any proceedings by or against the Yang di-Pertuan Agong or the Rulers require the sitting of a Special Court.


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