Government and society

Constitutional framework
Malaysia is a federal constitutional monarchy with a ceremonial head of state—a monarch—who
bears the title Yang di-Pertuan Agong (“paramount ruler”) and who is elected from among nine
hereditary state rulers for a five-year term. The Malaysian constitution, drafted in 1957 following
the declaration of independence (from the British) by the states of what is now Peninsular
Malaysia, provides for a bicameral federal legislature, consisting of the Senate (Dewan Negara)
as the upper house and the House of Representatives (Dewan Rakyat) as the lower. The
paramount ruler appoints a prime minister from among the members of the House of
Representatives. On the advice of the prime minister, the monarch then appoints the other
ministers who make up the cabinet. The number of ministers is not fixed, but all must be
members of the federal parliament. The federal government also includes an independent
judiciary and a politically neutral civil service.

The powers of the federal parliament are relatively broad and include the authority to legislate in
matters concerning government finances, defense, foreign policy, internal security, the
administration of justice, and citizenship. The constitution also provides that some issues may be
addressed by either the federal legislature or a state legislature. Of the roughly 200 members of
the House of Representatives, about two-thirds are from Peninsular Malaysia, one is from the
federal territory of Labuan, and the remaining seats are divided fairly evenly between Sarawak
and Sabah. Members are elected to office from single-member constituencies to terms of five
years. The Senate consists of about six dozen members; of these, nearly two-thirds (including
those from the federal territories of Kuala Lumpur and Labuan) are appointed by the paramount
ruler on the recommendation of the prime minister, and the others are elected by the state
legislative assemblies. Election to either house is by a simple majority, but amendments to the
constitution require a two-thirds majority. A bill passed by both houses and sanctioned by the
Yang di-Pertuan Agong becomes a federal law.

Local government
Malaysia comprises 13 states and 3 federal territories. Each state has its own written constitution,
legislative assembly, and executive council, which is responsible to the legislative assembly and
headed by a chief minister. The federal territories, which include the capital city region of Kuala
Lumpur, the administrative capital of Putrajaya, and the island of Labuan off the coast of East
Malaysia, carry the same status as states, but they do not have separate legislatures or heads of
state.

Most of the peninsular states are led by hereditary rulers. Johor, Kedah, Kelantan, Pahang, Perak,
Selangor, and Terengganu have sultans, while Perlis has a raja (“king”), and Negeri Sembilan is
ruled by the Yang di-Pertuan Besar (“chief ruler”). The heads of state of Melaka, Penang Island
(Pulau Pinang; also Penang), Sarawak, and Sabah—known as Yang di-Pertuan Negeri (“state
ruler”)—are appointed to office. The ruler of a state acts on the advice of the state government.
The constitution provides for federal parliamentary elections and for elections to state
legislatures, to be held at least every five years.

All states in Malaysia are subdivided into districts. In Sarawak and Sabah, however, these
districts are grouped into larger administrative units called divisions. The village, headed by a tua
kampung (“village leader”), is the smallest unit of government.

Justice
The constitution of Malaysia, which is the supreme law of the country, provides that the judicial
power of the federation shall be vested in two High Courts—one in Peninsular Malaysia, called
the High Court in Malaya, and the other in East Malaysia, called the High Court in Sarawak and
Sabah—and also in subordinate courts. Appeals from the High Courts are heard first by the
Court of Appeal; they may then be appealed to the highest court in Malaysia, the Federal Court
(formerly called the Supreme Court), which is headed by a chief justice. A separate Special
Court handles cases involving charges against the paramount ruler or the heads of states.
Each High Court consists of a chief judge and a number of other justices. The High Court has criminal and
civil jurisdiction and may pass any sentence allowed by law. Below each High Court are three
subordinate courts: the Sessions Court, the Magistrates’ Court, and the Court for Children. These lower
courts have criminal and civil jurisdiction—criminal cases come before one or the other court depending
on the seriousness of the offense and civil cases depending on the sum involved. In addition, there are
religious courts in those Malay states that are established under Islamic law (syariah, or Sharīʿah). These
Islamic courts are governed by state—not federal—legislation.

Political process

Malaysia has a multiparty political system; the country has held free elections and generally has changed
prime ministers peacefully. All citizens who are at least 21 years old are permitted to vote. Although
their numbers in political positions have been increasing since the late 20th century, women have
remained underrepresented in the political process. Most ministerial appointments are held by Malays,
but a few posts are filled by indigenous and nonindigenous minorities.

Party affiliation generally is based on ethnicity, although this tendency has diminished somewhat since
the mid-20th century. Malaysian political life and government were dominated from the early 1970s to
the late 2010s by the National Front (Barisan Nasional; BN), a broad coalition of ethnically oriented
parties. Among the oldest and strongest of these parties are the United Malays National Organization
(UMNO; long the driving force of the National Front), the Malaysian Chinese Association (MCA), the
Malaysian Indian Congress (MIC), and several parties from Sarawak and Sabah, including Sarawak United
Peoples’ Party (SUPP) and the Sabah United Party (Parti Bersatu Sabah; PBS). The main opposition
parties are the Democratic Action Party (DAP), which consists primarily of ethnic Chinese; the Pan-
Malaysian Islamic Party (Parti Islam SeMalaysia; Pas); and, since the early 21st century, the People’s
Justice Party (Parti Keadilan Rakyat; PKR). There are also a number of smaller parties based mainly in
Sarawak and Sabah. In May 2018 a coalition of opposition parties under the banner of the Alliance of
Hope (Pakatan Harapan) ended decades of BN rule.

Security of Malaysia

The Malaysian armed forces have increased in strength and capability since the formation of Malaysia in
1963. After the withdrawal of British military forces from Malaysia and Singapore at the end of 1971, a
five-country agreement between Malaysia, Singapore, New Zealand, Australia, and the United Kingdom
was concluded to ensure defense against external aggression. Additional regional security is provided by
ASEAN.

The armed forces consist of an army, a navy, and an air force. The army is the most experienced and the
largest of the three units, constituting roughly three-fourths of all military personnel. The Royal
Malaysian Navy concentrates mainly on defending the long indented coastlines and narrow waters of
the country. The Royal Malaysian Air Force has combat aircraft as well as many transport aircraft and
helicopters. Military service is voluntary, with a minimum age requirement of 18 years.

The states of Malaysia inherited from their common colonial past an internal security system based on
the British model. The police force is well trained and combats not only crime but also armed insurr