Themalaysianconstitution 100109191740 Phpapp02

Last Updated 28 April 2013
THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
An Introduction to the Malaysian Constitution
1. History (starts at page 6) • Parliamentary Cycle

• Constitution created the Federation 4. The Executive (page 25)
• Merdeka Day, 31 Aug 1957 • Executive
• Malaysia Day, 16 Sept 1963 • Exercise of Executive Power
• Life of the Federation • Appointment of Cabinet
• Resignation of PM
2. Main Features (page 12)
• Removal of Other Ministers
• Key Elements of the Malaysian
5. The Judiciary (page 36)
Constitution
• Constitution as the Supreme Law • Judiciary
• Constitutional Monarchy • Appointment of Judges
• The Three Branches of Government • Judges’ Security of Tenure
3. The Legislature (page 17) 6. Conference of Rulers (page 41)

• Parliament • Conference of Rulers
• Dewan Rakyat • Functions of the Conference
• Dewan Negara
• Dewan Rakyat and Dewan Negara
2
7. Fundamental Liberties (page 44)

• Equality in Public Education and Financial Aid
• Deprivation of Life or Liberty only in
accordance with Law • No Banishment from Malaysia
• Habeas Corpus • Freedom of Movement and of Residence
• Right to Grounds of Arrest and to Counsel • Freedom of Speech
• Judicial Approval for Extended Detention • Freedom of Assembly
• No Slavery • Freedom of Association
• No Forced Labour • Freedom of Religion
• No Retroactive Criminal Laws • Limitation on Religious Taxes
• No Retroactive increase in Penalties • Right to manage Religious Affairs and
Institutions
• No Repeat Trials
• Right to establish Religious Schools
• Equality
• No compulsory Religious Education and
• No discrimination on the ground of
Ceremonies in another Religion
Religion, Race, Descent, Place of Birth or
Gender in certain matters • Right to Property
• No discrimination in favour of State Subjects • No Compulsory Acquisition
without adequate Compensation
• No discrimination by Public Authority on
grounds of out of Jurisdiction
3
8. Legislative Provisions (page 78) 10. Special and Emergency Powers (page 91)
• Procedures for making Federal Law • Laws against Subversion etc.
• Federal and State Legislative Powers • Emergency Powers
• Federal Legislative List • Restrictions on Preventive Detention
• State Legislative List 11. Malays and Art 153 (page 97)
• Concurrent Legislative List • Malay
• Special Position of Bumiputras
9. Islam, Islamic Law and Syariah Courts • Legitimate Interests of Other
(page 84) Communities
• Religion of Malaysia 12. Citizenship (page 102)
• Relationship between secular law and
• Citizenship
Islamic law
• Citizenship by Operation of Law
• Constitutionally permitted Islamic laws
• Citizenship by Registration
• Islamic Offences
• Citizenship by Naturalisation
• Syariah Courts – Jurisdiction
• Citizenship by Incorporation of Territory
• Syariah Courts – Jurisdiction for Islamic
Offences
4
13. Elections (page 114) 15. Other Provisions (page 125)

• Election Commission • National and Other Languages
• EC’s Main Functions • Consolidated Funds
• Review of Constituencies • Attorney General
• Federal Constituencies • Auditor General
• Voters • Disqualification of MPs and Senators
14. Constitutional Amendments (page 122) • Resignation of MPs and Senators
• National Land Council
• Constitutional Amendment Process
• National Council for Local Governments
• Public Services
Disclaimer
This presentation is a free educational guide to understanding the Federal Constitution of Malaysia.
It does not purport to be comprehensive or accurate and it does not constitute legal advice.
All liability arising as a result, directly or indirectly, of acting or refraining from action on the basis of
any matter contained in this presentation is expressly disclaimed by the author. Please seek your
own legal advice for any constitutional law matter.
5
THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. DISCLAIMER APPLIES. 6
The Malaysian Constitution Main Features
Est.
1957
The Constitution created the Federation

It gave birth to a new, independent and sovereign nation.
7
The Malaysian Constitution History
Est.
1957
The Federation
The initial member states of the
Federation were
Johor, Kedah, Kelantan, Terengg
anu, Negeri
Sembilan, Pahang, Perak, Perlis, Johor, Kedah, Kelantan, Terengganu,
Negeri
Selangor, Melaka, and Sembilan, Pahang, Perak, Perlis, Sela
ngor, Melaka, and
Pulau Pinang. The Federation Pulau Pinang
was initially called the
Federation of Malaya
(Persekutuan Tanah Melayu)
8
Est.
1957
The Federation
In 1963, the Constitution

was amended to admit Johor, Kedah, Kelantan, Ter
engganu, Negeri
Sabah, Sarawak and Sembilan, Pahang, Perak, P
erlis, Selangor, Melaka, and
Singapore as additional Pulau Pinang
member states of the

Federation.
At the same time, its

name was changed to
Malaysia.
9
Est.
1957
The Federation
Official Statement to the United Nations on 16 September 1963
The Malayan permanent representative to the UN issued a statement to the 18th session of
the 1283 meeting of the UN General Assembly that:
"constitutionally, the Federation of Malaya, established in 1957 and admitted to
membership of this Organisation the same year, and Malaysia are one and the same
international person. What has happened is that, by constitutional process, the
Federation has been enlarged by the addition of three more States ... and that the
name ‘Federation of Malaya’ has been changed to ‘Malaysia.’”
From the legal perspective, the establishment of Malaysia

on 16 September 1963 did not create a new legal entity.
The Federation established on 31 August 1957 continued to
exist, with three new member states added and a new
name (Malaysia).
10
Est.
1957
The Federation
Member States of the Federation Name of the Federation Dates
Johor, Kedah, Kelantan, Terengganu,
Negeri Merdeka Day
Sembilan, Pahang, Perak, Perlis, Selangor, “Federation of Malaya” 31 Aug 1957
Melaka, and Pulau Pinang
Malaysia Day
+ Sabah + Sarawak + Singapore “Malaysia” 16 Sep 1963
9 Aug 1965
- Singapore
Present Date
11
Legislature Executive
Judiciary
The Constitution is Malaysia is a There are three

the Supreme Law Constitutional branches of
of Malaysia Monarchy Government –
the Legislature, the
Executive and the
Judiciary
13
The Constitution is the supreme law of Malaysia

Any law passed after 31 Aug 1957 which is
inconsistent with the Constitution shall be void.
14
The Yang di-Pertuan Agong (YDPA) is Malaysia’s

Head of State.
He is elected by the Conference of Rulers, by
rotation, from the Rulers of the nine Malay States.
As a constitutional monarch, he is required to exercise his
executive powers on the advice of Cabinet.
15
Legislature Executive
Judiciary
http://www.parlimen.gov.my http://www.malaysia.gov.my http://www.kehakiman.gov.my
Legislature Executive Judiciary

(Badan Perundangan) (Eksekutif) (Badan Kehakiman)
Makes laws Administers the law Interprets the law
16
The Malaysian Constitution The Legislature
Parliament is a
bi-cameral legislature
comprising of a lower
house called the:
House of Representatives
(Dewan Rakyat)
and an upper house known
as the
Senate
(Dewan Negara). YDPA Dewan Dewan
Rakyat Negara
The Yang di Pertuan Agong
is also a part of Parliament.
18
222 MPs
The Dewan Rakyat has 222 elected members.
MPs by State
31
26 24 25
22
15 14 14 13 11
6 8 8
3 1 1
19
70 Senators
The Dewan Negara has Senators appointed by the YDPA
70 Senators. for the Federal Territories
3-Year Term
A senator’s term is for 3
years, unaffected by the
Senators elected by
dissolution of Parliament. State Legislatures
Max 2 Terms
A person can only be a
Senator for a maximum of
two terms, whether
consecutive or not
Other Senators appointed by the YDPA

20
Dewan Rakyat Dewan Negara

Number of Members
222 70
Mode of Elected by voters • Elected by State Legislatures
Appointment (2 each)
• Appointed by the YDPA in
respect of Federal
Territories (4)
• Appointed by the YDPA (40)
Term of Office Until the dissolution of • 3 years, unaffected by

Parliament dissolution of Parliament.
• A person can only be a
Senator for a maximum of
two terms, whether
consecutive or not.
21
Legislative Authority to Make Federal Laws

Parliament may make federal laws in respect of matters falling
under the Federal List or the Concurrent List.
1 3 2
Federal Concurrent State
List List List
(Parliament (Parliament (State
only e.g. and State e.g. Legislature
defence, finan housing, national only, e.g. local
ce, security, cit park, social welfare) government, S
izenship ) yariah
courts, mining)
22
Parliamentary Privileges
• Parliamentary proceedings cannot be questioned in any court
• Members of Parliament are immune from court proceedings

for anything said in Parliament, except for offences under:
– laws passed under Article 10(4) of the Constitution, and
– the Sedition Act
23
1 ≤ 5 years 2 3 4
Each Parliament lasts for 5 years from
its first meeting, unless dissolved
earlier by the Yang di-Pertuan Agong
at the PM’s request
New Parliament Elections, Next

Parliament Dissolved within Parliament,
60 days of within
dissolution 120 days of
dissolution
The Malaysian Constitution The Executive
The executive authority of the Federation is vested in

the Yang di-Pertuan Agong but, as a constitutional
monarch, he must act in accordance with the advice
of the Cabinet, except in limited matters such as the
giving of consent to dissolve Parliament.
26
Subject to federal law, the executive authority vested in

the YDPA may be exercised by:
Yang di-Pertuan
The Cabinet Agong
(YDPA)
A Minister Any person

authorised by authorised by
Cabinet law
27
Dewan
1. YDPA appoints PM Rakyat
Acting in his discretion, the YDPA first appoints as Prime Minister a member of the
Dewan Rakyat who in the YDPA’s judgment is likely to command the confidence of
the majority of that Dewan; and
Dewan
2. YDPA appoints other Ministers under PM’s advice Rakyat
Acting on the advice of the PM, the YDPA appoints other Ministers from among the
members of either the Dewan Rakyat or the Dewan Negara. Dewan
Negara
Cabinet is formed ✔
28
Under the Constitution, the member (MP) of the

Dewan Rakyat who “commands the confidence of
the majority” of the Dewan shall be appointed as
the Prime Minister. There are no other qualification
requirements in the Constitution for an MP to
become a PM. However a person who became a
citizen by registration under Article 17 cannot be a
PM.
29
If the Prime Minister ceases to command the confidence of the

majority of the members of the Dewan Rakyat, then
unless at the PM’s request the Yang di-Pertuan Agong (YDPA)

dissolves Parliament (and the YDPA may act in his absolute
discretion)
the Prime Minister shall tender the resignation of the Cabinet.
MB
NEXT:
Read about the Perak Menteri Besar case which interpreted the equivalent
provisions in the Perak State Constitution
30
Dato’ Seri HJ Mohd Nizar bin Jamaluddin v. Dato’ Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010)
BEFORE AFTER
MB
28 31
PR
31
PR
BN
28 BN
PERAK STATE CONSTITUTION
Article 16(6) –
A Menteri Besar must tender
the resignation of the State
Exco when his party or
coalition loses the majority in
the Legislative Assembly.
Article 18(2) - The Sultan may, if

he so wishes, decline to dissolve
the Legislative Assembly.
31
MB and Exco
resigns
Ruling coalition State Assembly is
Consent
loses majority in dissolved.
Granted
State Assembly MB seeks Sultan’s Elections held.
consent to
dissolve Assembly Consent
MB and Exco
NOT
must resign
Granted
Question 1:
Does the loss of majority have Question 2:
to be proven by a vote of no- What happens if the MB refuses to
confidence in the Assembly? resign after the Sultan has decided
Federal Court Answer: No. It not to dissolve the Assembly?
may be determined from other Federal Court Answer: The MB is
evidence. deemed to have resigned
32
Facts
In the 2008 Perak State elections, Pakatan Rakyat won 31 out of 59 seats of the Perak Legislative
Assembly. Dato’ Seri HJ Mohammad Nizar (Nizar) from Pakatan was appointed as the Menteri Besar
(MB) of Perak. The following year, 3 members of the assembly left Pakatan and declared their
support for Barisan Nasional, resulting in Barisan commanding the majority. Nizar made a request
to HRH The Sultan of Perak for the dissolution of the assembly. Exercising his Royal prerogative
under Article 18(2)(b) of the Perak State Constitution, HRH refused to do so and subsequently
appointed Dato’ Seri Dr. Zambry as the new MB.
Question
When a MB has, as a matter of fact, ceased to command the confidence of the majority of the
assembly, does he nevertheless remain as MB until a motion of no confidence is passed against him
and thereafter he voluntarily resigns.
Answer
Motion of No Confidence Not Required - As the Perak State Constitution does not stipulate that the
loss of confidence in a MB can only be established through a vote in the assembly, the Court
held, following the Privy Council case of Adegbenro v Akintola and the Dato Amir Kahar case (1995) 1
CLJ 184, that evidence of loss of confidence may be gathered from other sources.
Voluntary Act of Resignation not Required - It is mandatory for a MB to resign once he loses the
confidence of the majority and if he refuses to do so then, following the decision in Dato Amir
Kahar, the MB is deemed to have resigned.
33
Removal of Ministers
Ministers other than the Prime Minister hold office during
the pleasure of the YDPA, unless the appointment of any
Minister shall have been revoked by the YDPA on the
advice of the Prime Minister.
DPM
NEXT
Read about the Deputy Prime Minister case which interpreted this provision
34
Dato Seri Anwar bin Ibrahim (Appellant) v Prime Minister of Malaysia and Anor. (Respondents) (Federal Court, Mar 2010)
Facts
The Appellant was appointed as the Deputy Prime Minister in 1995. On 2 Sept 1998, he was notified
by the Prime Minister that his appointment as the DPM was to be revoked that same day. Prior to the
notice, the Prime Minister had advised the Yang di Pertuan Agong (YDPA) to revoke the appointment
and such advice was accepted by the YDPA (according to uncontradicted evidence of the Confidential
Secretary to the YDPA)
Question
Does Article 45(3) of the Federal Constitution specifically require the YDPA to be the authority to
revoke the appointment of the Appellant as Deputy Prime Minister?
Answer
The YDPA is a constitutional monarch. On the appointment and revocation of appointment of
Ministers, the YDPA must act in accordance with the advice of the Prime Minister.
The revocations were in fact made by the YDPA: On the facts, it is clear that the PM had advised the
YDPA to revoke the appointment of the DPM and that the YDPA had accepted such advice. Therefore it
was the YDPA, and not the PM, who made the formal decision to revoke the DPM’s appointment.
Revocation need not be personally communicated by the YDPA to the DPM: The Constitution does
not require the YDPA to personally advise the DPM of his decision to revoke the DPM’s appointment.
Furthermore, it does not stipulate the format and manner in which such decisions are to be
communicated.
35
The Malaysian Constitution The Judiciary
The power to interpret laws, including the Constitution, lies with

the judiciary.
Federal Court
Court of Appeal
High Court
High Court
of Sabah and
of Malaya★
Sarawak★
Syariah Courts
★ The High Courts and
Subordinate Subordinate the Subordinate Courts
Courts Courts have no jurisdiction over
Syariah Court matters
37
Judges are in effect appointed by the Prime

Minister, through this process: Chief Justice of the
Federal Court
President of the
Court of Appeal
PM PM
Chief Judge of a
PM consults PM advises High Court
persons YDPA appoints*
the YDPA to
stipulated in that person as
appoint the Other Federal
Art 122B (e.g. judge, after
person Court Judges
the Chief consulting the
selected by
Justice of the Conference of
the PM as a
Federal Court) Rulers Other Court of
judge
Appeal Judges
Other High Court

Judges
* The YDPA, as a constitutional monarch, is
required to act on the advice of the PM
38
Chief Justice of the

Federal Court
Once appointed, judges
cannot be removed President of the
Court of Appeal
except under
Chief Judge of a
exceptional High Court
circumstances (such as
Other Federal
infirmity of mind) by a Court Judges
tribunal of judges. Other Court of

Appeal Judges
Other High Court

Judges
39
PP v Kok Wah Kuan [2007] 6 CLJ 341 (Federal Court, October 2007)
Facts
Kok Wah Kuan was convicted of murder which he committed at the age of 12. Instead of receiving the
death sentence, he was, pursuant to the Child Act 2001, ordered by the Court to be detained for as
long as the Yang di Pertuan Agong (acting on Cabinet advice) deems appropriate .
Question
Whether the detention order was unconstitutional because under the doctrine of separation of
powers, judicial power vests in the judiciary and not the Executive.
Answer
Separation of Powers: The doctrine of separation of powers is a political doctrine under which the
legislative, executive and judicial branches of government are kept distinct. Like the Westminster
system, the Federal Constitution does have features of this doctrine but the Constitution does not
strictly comply with the doctrine (for example Ministers are both legislators and executives, which
would be inconsistent with the doctrine). The extent to which the doctrine applies depends on
what the Constitution actually provides. Therefore, the Child Act cannot be held unconstitutional
for being inconsistent with the doctrine itself. The Act can only be held unconstitutional if it were
inconsistent with any specific provision of the Constitution, which it is not.
Scope of Judicial Power: With the deletion of the words “the judicial power of the Federation” *shall be vested in the
two High Courts] from the Constitution, the judicial power of the Courts must be determined, not by what the
term “judicial power” may generally mean, but by reference to what is conferred under federal law,
as this is what the Constitution now provides. 40
The Malaysian Constitution The Conference of Rulers
The Conference is a constitutional body comprising the

Rulers and the Yang di-Pertua-Yang di-Pertua Negeri.
42
The Malaysian Constitution The Conference of Rulers
Functions
• Electing and removing the Yang di-Pertuan Agong and his Deputy
• Deciding on the extension of any religious acts, observances or
ceremonies to the country as a whole
• Giving or withholding consent (veto rights) over matters such as:
• Constitutional amendments relating to matters in Article 159(6).
• Laws affecting the privileges, position, honours or dignities of the
Rulers
• Laws amending Article 152 (Malay language) or Article 153 (Special
position of bumiputras)
• Alterations to State boundaries
• Certain appointments such as members of the Public Service
Commission and the Elections Commission
43
The Malaysian Constitution Fundamental Liberties
No one can be deprived of one’s

life or personal liberty
except in accordance with law.
* Not applicable to laws passed under Article 149 or Article 150 45

Where a person is being unlawfully detained, the

High Court has the power to release the detainee.

Where a person is arrested he shall:

(i) be informed as soon as possible of the grounds of
arrest, and
(ii) be allowed to consult and be defended by a
lawyer of his choice.

Where a person is arrested, he shall without

unreasonable delay, and in any case within 24
hours, be produced before a magistrate and shall not
be further detained without the magistrate's
authority.

No one shall be held in slavery.
* Not applicable to laws passed under Article 150 49

All forms of forced labour are prohibited

but Parliament may by law provide for compulsory
service for national purposes.

No one shall be punished for an act or omission

which was not punishable by law when it was done
or made.

No one shall suffer greater punishment for an

offence than was prescribed by law at the time it
was committed.

A person who has been acquitted or convicted of

an offence shall not be tried again for the same
offence,
except where a retrial is ordered by a court.

All persons are equal before the law and

entitled to the equal protection of the law.

Except as authorized by the Constitution, no citizen

shall be discriminated on the ground only of
religion, race, descent, place of birth or gender:
in any law, or in the appointment in the administration of any law
Law
Public Authority
Admin of Certain Laws

to any office or relating to the acquisition, holding or
employment under a disposition of property or the
public authority, or establishing or carrying on of any
trade, business, profession, vocation
or employment

There shall be no discrimination in favour of any one

because he or she is
a subject of the Ruler of any State.

No public authority shall discriminate against any

person because such a person is resident or
conducting business outside the jurisdiction of the
authority.

There shall be no discrimination against any citizen

by reason of
religion, race, descent or place of birth:
in the administration of any in providing out of the funds
Financial Aid
Administration
educational institution of a public authority financial

maintained by a public aid for the maintenance or
authority, and, in education of pupils or
particular, the admission of students in any educational
students or the payment of institution (whether or not
fees, or maintained by a public
authority and whether within
or outside Malaysia).
Exceptions
• See the slides on Article 153 which allows for the reservation of quotas on
scholarships, educational and training facilities for bumiputras, notwithstanding anything in the
Constitution, which presumably includes this Article 12(1). 58
No citizen shall be banished or excluded from

Malaysia.

Every citizen has the right to move freely throughout

Malaysia and to reside in any part of the country.
Restrictions
• If any other State is in a special position as compared with the States of Malaya, Parliament may
impose restrictions, as between that State and other States
• This right is subject to restrictions in any law relating to the security, public order, public
health, or the punishment of offenders
Every citizen has the right to

freedom of speech and expression.
def ghi
xyz
abc
Restrictions can be imposed by Parliament:

• In the interest of friendly diplomatic relations, morality and national security or public order
(including the questioning of provisions relating to citizenship, Article 152 (National
Language), Article 153 (Special Position of Bumiputras) or Article 181 (Rulers’ Sovereignty)).
• To protect the privileges of Parliament/Legislative Assembly or
• To provide against contempt of court, defamation, or incitement to any offence
61
* Not applicable to laws passed under Article 149 or Article 150
Muhammad Hilman bin Idham & 3 Others. (Appellants) v University Kebangsaan Malaysia & 2 Others (Respondents)
(Court of Appeal, October 2011)
Facts
The appellants, students of University Kebangsaan Malaysia (UKM), were present in Hulu Selangor to
observe the parliamentary by-elections there in April 2010 and had in their possession certain
campaign materials. UKM brought disciplinary proceedings against the appellants for breaching
section 15(5)(a) of the Universities and University Colleges Act 1971 (UUCA) which prohibits
university students from expressing or doing anything in support for, or sympathy with, or opposition
to, any political party.
Question
Although the Constitution permits Parliament to make laws to restrict freedom of speech for the
purposes of protecting public order, morality or the other interests spelt out in Article 10(2)(a), is
section 15(5)(a) of the UUCA unconstitutional because the restriction it imposes on freedom of
speech unreasonable?
Answer
Any restriction imposed on the freedom of speech must be a reasonable one. The restriction
imposed by section 15(5)(a) of the UUCA is unreasonable and is therefore unconstitutional.
62
All citizens have the right to assemble

peaceably and without arms.

• In the interest of national security or
• In the interest of public order
63
Freedom of Assembly Constitutional Restrictions

Art 10(1)(b) Art 10(2)(b)
64
The Constitution gives citizens

freedom of assembly, but it
also gives Parliament the
power to make laws which
impose restrictions on
freedom of assembly in the
interests of national security or
public order.
The Peaceful Assembly Act
2012 is an example of such a
law.
65
Sec. 27 of the Police Act 1967
This was repealed on

23 April 2012
by the Police (Amendment)
Act 2012
and replaced by the
Peaceful Assembly Act 2012
– please see the next slide
66

In Operation
from
23 April Specified assembly e.g.
2012 wedding reception
Assembly at “designated
place of assembly”
Assembly at or within 50m

of “prohibited places” Go!
A “street protest” i.e. a
mass march or rally
Notification
All other assemblies
Process
67
What is the difference between an assembly and a street protest?
An “assembly”
may be
OK moving. Thus
processions
are allowed in
assemblies.
A “street
protest”
involves people
X walking in a
mass march or
rally.
68
All citizens have the right to

form associations.

• In the interest of morality, national security or public order
• In any law relating to labour or education
69
Kelantan State Legislative Assembly v Nordin Salleh

(Supreme Court, April 1992)
Facts
Nordin Salleh was elected to the Kelantan State Legislative Assembly (Dewan Undangan Negeri
Kelantan (“DUNK”)) during the 1990 general elections. In 1991, the Kelantan State Constitution was
amended to provide that a member of the DUNK who is a member of any political party shall cease
to be a member of the DUNK if he or she resigns or is expelled from such political party. Pursuant to
this new provision, the DUNK declared that Nordin ceased to be a member of the DUNK, thus
triggering a by-election in his constituency
Question
Whether the new provision of the Kelantan Constitution is inconsistent with the right to freedom of
association under Article 10(1)(c) of the Malaysian Constitution and is therefore void?
Answer
The Kelantan Constitution’s provision is indeed void because the direct and inevitable consequence
of the provision is to restrict the right of a member of the DUNK from exercising the right to freedom
of association. Furthermore the Malaysian 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 on the list.
70
Every person has the right to profess and practice his

religion and to propagate it
but State law and, in respect of the Federal
Territories, federal law may control or restrict the
propagation of any religion among Muslims.
This Article does not authorise any act contrary to any law relating to public order, public
health or morality
71
No one shall be compelled to pay any tax the

proceeds of which are specially allocated for the
purposes of a religion other than his own.
72
Every religious group has the right to:

(i) manage its own religious affairs,
(ii) establish and maintain institutions for religious or
charitable purposes, and
(iii) acquire, own, hold and administer property.
73
Every religious group has the right to establish and

maintain institutions for the education of children in
its own religion.
74
No one shall be required to receive instruction in, or

take part in any ceremony or act of worship of, a
religion other than his own
and, for these purposes, the religion of a person under
18 shall be decided by his parent or guardian.
75
No person shall be deprived of property save in

accordance with law.

No law shall provide for the compulsory acquisition

or use of property without adequate compensation.

The Malaysian Constitution Legislative Provisions
Passed Passed
by by Assented to
Dewan Negara1 Dewan Rakyat by the
Yang di-
Passed Passed Pertuan
by by Agong3
Dewan Rakyat Dewan Negara2
Note 1 Note 2 Note 3

The Dewan The Dewan If the Yang di-
Negara cannot Negara’s refusal to Pertuan Agong
originate Bills pass a Bill (other does not assent
relating to than Constitutional to a Bill within 30
taxation, Federal amendment bills) days after it has Emergency Laws
loans and may be bypassed been presented During an Emergency, the Yang di-
guarantees, the under the to him, it shall Pertuan Agong may make laws by
Consolidated procedures automatically issuing emergency ordinances
Fund, and other become law without going through this
described in Article process. See the slide titled
matters specified 68 (Articles 66(4)
“Emergency Powers.”
in Article 67 and (4A))
79
Parliament may make law in State Legislatures may make

respect of matters in the law in respect of matters in
Federal List (1) and the State List (2) and
the Concurrent List (3) the Concurrent List (3) ★
Legislative Areas
1 2
Residual
Federal State Legislative Power
3 of State
List List
(Parliament) Concurrent (State
(Article 77)
List Legislature) The State

(Parliament legislatures have
and State) the power to make
laws on matters
not set out in any
of the three lists
★ Federal law will prevail over State law in the event of any inconsistencies.
80
Parliament may make laws on Defence Criminal Law

matters in the Federal List, such
as:
• External
affairs, defence, internal
security Citizenship Finance
• Civil and criminal laws
• Federal citizenship
• Finance (incl. currency)
• Trade, commerce and industry
• Shipping, communication and
transport, education Currency Communications
• Medicine
• National holidays
• Newspapers and publications
• For the full list see List I of the
9th Schedule of the Constitution
81
Laws for Muslims Syariah Court

States may make laws for their
own States on matters in the
State List, such as:
• Islamic law and personal and

family law of Muslims Land Forestry
• Syariah courts
• Forestry
• Land
• Local government
• Local services e.g. markets
• Mining Mining Libraries
• Libraries
• For the full list see List II of the
9th Sch. of the Constitution
• There are additional lists for
Sabah and Sarawak.
82
Parliament and States may (for Water Supplies National Parks

their own states) make laws on
matters in the Concurrent
List, such as:
• Social welfare, scholarships

• National parks Fire Safety Sports
• Prevention of cruelty to animals
• Fire safety measures
• Town and country planning
• Culture and sports
• Housing
• Water supplies and Heritage Housing
services, preservation of heritage
• For the full list, see List III of the
9th Sch. of the Constitution.
• There are additional sub-lists for
Sabah and Sarawak.
83
The Malaysian Constitution Islam, Islamic Law and Syariah Courts
Islam is the
religion of
Malaysia.
But this
does not
affect the
other
provisions of
the
Constitution
derogate |ˈderəˈgāt|Verb [ intrans. ] ( derogate from) deviate from (a set of rules or

agreed form of behavior) : e.g. This law has not derogated from the Constitution.
85
Islamic laws
Secular law applies
apply to
to everyone*
Muslims only
# For the Federal

* Certain types of secular law, such as
Territories, Islamic law
those relating to family and personal comes under Federal
law, will not apply to Muslims if they are jurisdiction (para 4(k)
subject to an equivalent Islamic law. of the Federal List)
86
Under the Constitution, States can only

make Islamic law in these areas:
Islamic 1. Islamic law and personal and family

laws do not law of Muslims
apply to
non-
2. Wakafs, Islamic charities, trusts and
Muslims institutions
3. Zakat, Fitrah and Baitulmal
4. Mosques
5. Offences by Muslims against the
percepts of Islam but not including
matters in the Federal List (“Islamic
offences”)
6. Syariah courts
7. Control of propagating other religions
amongst Muslims
8. Determination of matters of Islamic
law and doctrine
87
Secular
Criminal
law
offences
applies
apply
to everyone*
to everyone Islamic
offences*
apply to
Muslims only
* Means offences
by Muslims against
the percepts of
Islam. Does not
include criminal
offences which is
under Federal
jurisdiction
88
Jail Fine Whipping

Max: Max: Max:
3 years RM5,000 6 whips
Constitutionally, Syariah Courts

have no jurisdiction over Islamic
offences unless authorised by
federal law: the Syariah Courts
(Criminal Jurisdiction) Act 1965
permits such courts to try Islamic
offences but not if the maximum
jail term, fine or number of whips
allowed for such offences exceed
the maximum stated in the above
table.
89
The Constitution gives Syariah Courts

power over:
• Muslims only, and
• only in respect of Constitutionally

permitted Islamic laws, including
Islamic offences, described in the
previous slides.
90
The Malaysian Constitution Special and Emergency Powers
Special Laws under Article 149

• A law may be inconsistent with a number
of fundamental liberties* if it is passed to
stop or prevent subversion, actions
prejudicial to public order, such as the
promotion of hostility between races, and
The ISA has been certain other matters.
repealed and Examples
replaced by the
Security Offences • Security Offences (Special Measures) Act
(Special 2012 – Measures include the power to
Measures) arrest a person for up to 28 days for the
Act 2012
purpose of investigations for security
offences
* Art. 5 (Liberty of Person),
Art 9 (Banishment/ Freedom of Movement), • Dangerous Drug (Special Preventive
Art 10 (Freedom of Speech) and Measures) Act 1985 – Preventive
Art 13 (Rights to Property).
detention, without trial, of drug traffickers
92
Proclamation of Emergency
• The Yang di-Pertuan Agong
(YDPA) may issue a Proclamation
of Emergency if he is satisfied
that a grave emergency exists
which threatens the
security, economic life or public
order of the country.
• The YDPA’s decision cannot be
challenged in any court under
any grounds.
93
Emergency Laws and Powers

During an emergency:
1. The YDPA may promulgate
emergency ordinances.
2. Parliament may pass emergency
laws.
Such ordinances and laws must not
violate any Islamic law or any
provisions in the Constitution
relating to religion, citizenship or
language but shall otherwise be
valid even if their provisions are
inconsistent with the Constitution. 94
Since Merdeka, four emergencies have been proclaimed and all have been
revoked, either by the Courts or by Parliament.
PC Teh v PP Dewan Rakyat 24 Nov 2011

The Privy Council held that the 1969
emergency declaration had by implication
revoked the 1964 emergency. See
paragraph 17 of Lord Diplock’s judgment.
1964 - Nationwide
1977 - Kelantan
emergency due to the
only, due to a state
Indonesia-Malaysia
political crisis
confrontation
1957 -Merdeka
Dewan Negara 20 Dec 2011
1950 1960 1970 1980
1966 - Sarawak
1969 - Nationwide
only, due to the
emergency due to
Stephen Kalong
the May 13 riots
Ningkan political crisis
95
Grounds of Detention and Making of Representations

• The authorities are required, as soon as possible, to tell the person detained why he or
she is being detained and the allegations of facts on which the detention was made, so
long as the disclosure of such facts is not against national security.
• The detainee has the right to make representations against the detention.
Advisory Board
• If a representation is made by a detainee who is a citizen, it will be considered by an
Advisory Board which will then make recommendations to the Yang di-Pertuan Agong
(YDPA). This process must usually be completed within 3 months of the
representations being received, but may be extended by the YDPA.
Advisory Board*
Chairman
Detainee
Member Member
* The Advisory Board is appointed by the YDPA. Its Chairman must be a

person who is a current or former judge of the High Court, Court of Appeal
or the Federal Court (or its predecessor) or is qualified to be such a judge 96
The Malaysian Constitution Malays and Article 153
Constitutionally, a “Malay” is a person who satisfies two sets of requirements:
Customs
Language
Religion
Is a Muslim Habitually Follows Malay
speaks Malay customs
• Is a person who:
(a) was domiciled in the Federation or Singapore on Merdeka Day,
Merdeka
Population (b) was born in the Federation* or Singapore before Merdeka Day,
(c) was born before Merdeka Day of parents one of whom was born in
the Federation* or Singapore
or
Descendant
of Merdeka • Is a descendant of a person who is from the above Merdeka
Population Population
98
A person’s race is not relevant in determining whether one is a “Malay” under the
Constitution. A Malay, Chinese, Indian or person of any other race will become a
“Malay” under the Constitution if he or she meets all the requirement of Art. 160(2).
This Malay person

is a “Malay” under
the Malaysian
Race: Constitution
Malay
This Malay person
is a not a “Malay”
under the
Malaysian
Race: Constitution but
Malay remains a person
of the Malay race
This non-Malay
person is a
“Malay” under the
Race: Malaysian
Non-Malay Constitution
99
Malays and natives of Sabah and Sarawak (collectively “bumiputras”) occupy a

“special position”. The Yang di-Pertuan Agong (YDPA) is required to safeguard
their special position in accordance with Article 153, which provides that:
Federal public service

Generally, safeguard positions
Art 153* the special position
of bumiputras Federal scholarships
The YDPA must etc.
exercise his
constitutional
functions, and Federal trade or
his executive Specifically, establis business licences
functions under h quotas for
federal law, to: bumiputras in: Tertiary education
enrollment
* Special Notes
• The YDPA must act in accordance with Cabinet advice (Article 40 and153(2))
• Article 153 can only be amended with the consent of the Conference of Rulers (Article 159(5))
• State Constitutions may include an equivalent of Article 153 (Article 153(10))
100
• The YDPA must also safeguard the legitimate interests of other communities in accordance with Art. 153 >>>
Whilst safeguarding the special position of bumiputras, the Yang di-Pertuan

Agong (YDPA) is also responsible for safeguarding the “legitimate interests” of
other communities in accordance with Article 153, which provides that:
Parliament may not restrict any business or trade solely for bumiputras
Article 153
Civil servants must be treated impartially regardless of race
The YDPA has
the
responsibility
for Article 153 cannot deprive any person of any public office already held
safeguarding by such person
of the
legitimate No person may be deprived of any federal scholarship etc. already
interests of
other enjoyed by such person
communities
in accordance Laws reserving quotas in trade licences and permits may not deprive
with Article any person of any right, privilege, permit or licence already enjoyed or
153: held by him or authorise a refusal to renew such person's license or
permit
101
The Malaysian Constitution Citizenship
Malaysian citizenship may be acquired:
By Operation of Law
By Registration
By Naturalisation
By Incorporation of Territory For more info

please
contact:
103
For Every person who immediately before 31 Aug 1957 was a

citizen of the Federation under the Federation of Malaya
Persons Agreement 1948.
born (Para 1(1)(a) of Part I of the 2nd Schedule)
before Every person born in the Federation on or after 31 Aug 1957

and before Oct 1962.
Malaysia (Para 1(1)(b) of Part I of the 2nd Schedule)
Day
Every person born in the Federation after Sept 1962 of whose
parents one at least was at the time of the birth either a
citizen or permanent resident of the Federation.
(Para 1(1)(c) of Part I of the 2nd Schedule)
Every person born in the Federation after Sept 1962 who was
not born a citizen of any other country.
(Para 1(1)(c) of Part I of the 2nd Schedule)
104
For Every person born outside the Federation on or after

Persons Merdeka Day whose father was a citizen at the time of
born his birth and either was born in the Federation or was
at the time of the birth in service under the
before Government of the Federation or a State.
Malaysia (Para 1(1)(d) of Part I of the 2nd Schedule)
Day
Every person born outside the Federation on or after
Merdeka Day whose father was a citizen at the time of
the birth, if the birth was, or is, within one year of its
occurrence or within such longer period as is in any
particular case was or is allowed by the Federal
Government, registered at a consulate of the
Federation or, if it occurred in Singapore, Sarawak,
Brunei or North Borneo, registered with the Federal
Government.
(Para 1(1)(e) of Part I of the 2nd Schedule)
105
For Every person born within the Federation of

Persons whose parents one at least is at the time of the
born on birth either a citizen or permanently resident in
or after the Federation.
(Para 1(a) of Part II of the 2nd Schedule)
Malaysia
Day
Every person born within the Federation who is
not born a citizen of any other country.
(Para 1(e) of Part II of the 2nd Schedule)
106
For Every person born outside the Federation whose father is at

the time of the birth a citizen and either was born in the
Persons Federation or is at the time of the birth in the service of the
born on or Federation or of a State.
nd
(Para 1(b) of Part II of the 2 Schedule)
after
Malaysia Every person born outside the Federation whose father is at
the time of the birth a citizen and whose birth is, within one
Day year of its occurrence or within such longer period as in any
particular case is allowed by the Federal
Government, registered at a consulate of the Federation or, if
it occurred in Brunei or such territory as may be prescribed by
the YDPA, registered with the Federal Government.
(Para 1(c) of Part II of the 2nd Schedule)
Every person born in Singapore of whose parent one at least is

at the time of the birth a citizen and who is not born a citizen
otherwise than by virtue of this paragraph
(Para. 1(d) of Part II of the Second Schedule)
107
For Any foreign wife of a Malaysian citizen (the marriage must

Foreign have been registered under Malaysian law) is entitled to be
registered as a Malaysian citizen if she satisfies the Federal
Wives of Government that she has resided in Malaysia “throughout”
Citizens the two years preceding her citizenship application and
intends to do so permanently, and is of good character.
Any foreign wife of a Malaysian citizen (the marriage must

have been registered under Malaysian law) is entitled to be
registered as a citizen if at the beginning of October 1962, (a)
the marriage was subsisting and (b) her husband was a citizen.
108
For The Federal Government may register as a citizen

Persons any person under 21 years old whose parents one
under 21 at least is (or was at death) a citizen, upon
application.
Any person under 21 years old who was born

before Oct 1962 - whose father is (or was at death)
a citizen and was also a citizen at the beginning of
Oct 1962 (if then alive) - is entitled to be registered
as a citizen if he is ordinarily resident in Malaysia
and is of good character.
The Federal Government may, in such special
circumstances as it thinks fit, register any person
under the age of 21 as a citizen.
109
For Any person of or over 18 years old who was born

Persons in the Federation before Merdeka Day is
born in the entitled, upon application, to be registered as a
Federation citizen if he satisfies the Federal Government
that:
before
Merdeka (a) He has resided in the Federation during the
seven years preceding the date of the application
Day for periods amounting to a total of not less than 5
years;
(b) He intends to reside in the Federation
permanently;
(c) He is of good character; and
(d) He has an elementary knowledge of the Malay
language
110
For Persons Any person of or over 18 years old who is on Malaysia Day
ordinarily resident in Sabah or Sarawak is entitled, upon
resident in application before Sept. 1971, to be registered as a citizen
the States if he satisfies the Federal Government that:
of Sabah (a) He has resided before Malaysia Day in Sabah or
and Sarawak and after Malaysia Day in the Federation for
periods amounting to a total of not less than 7 years in the
Sarawak on 10 years before the application date, and which includes
Malaysia the 12 months prior to the application date;
Day (b) He intends to reside in the Federation permanently;
(c) He is of good character; and
(d) He satisfies the language requirements stipulated in
Article 16A(d).
Note: This right expired on September 1971.
111
For The Federal Government may, upon application, register as

a citizen any person of or over 21 years old who has
foreigners resided in Malaysia for the required minimum periods:
#1: Must have resided in Malaysia for at least 10 years
during the period of 12 years before the date of the citizenship application, and
Date of
Y1 Y2 Y3 Y4 Y5 Y6 Y7 Y8 Y9 Y10 Y11 Y12 application
#2: Must have resided in Malaysia during the 12 months

before the date of the citizenship application
In addition the applicant must intend to reside in Malaysia

permanently, have good character and have an adequate
knowledge of the Malay language.
112
If any new territory is added to the

Federation after Malaysia
Day, Parliament may determine
what persons who are connected
to that territory are to become
citizens of Malaysia.
113
The Malaysian Constitution Elections
The 7 members of the EC are in effect

appointed by the Prime Minister, through Chairman, EC
this process:
Deputy Chairman, EC
PM
Ordinary Member, EC
PM advises the
YDPA to appoint YDPA appoints*
a person that person to the Ordinary Member, EC
selected by the EC, after

PM as a consulting the Ordinary Member, EC
member of the Conference of
EC Rulers
Ordinary Member, EC
Ordinary Member, EC
* The YDPA, as a constitutional monarch, is required

to act on the advice of the PM 115
Security of Tenure Chairman, EC
To enhance the independence of the

Deputy Chairman, EC
EC, its members:
• cannot be removed except on
Ordinary Member, EC
exceptional grounds, such as
infirmity of mind or bankruptcy
Ordinary Member, EC
• cannot be MPs, senators or State
legislative assembly members
Ordinary Member, EC
Furthermore, their remuneration and
other terms of appointment cannot Ordinary Member, EC
be altered to their detriment.
Ordinary Member, EC
116
The main functions of the EC are:
1 2 3
Conduct Federal and Prepare and revise Recommend alterations
State elections electoral rolls for to Federal and State
elections Constituencies
117
Review of Federal and State Constituencies

The EC has the discretion to conduct reviews of
constituencies and recommend changes.
There must be at least 8 years

Review I between the end of one review and
Review II
(To take no more (To take no more
than 2 years) the start of the next than 2 years)
118
Guiding Principles/Considerations for Review
Number of voters
in each state
Availability of
State constituency The inconveniences
administrative
Constituencies constituencies should be arising from the
facilities within
should not cross should not cross approximately alteration and the
each constituency
State boundaries federal equal, with maintenance of
for registration and
constituencies weightage for area local ties
voting
in respect of rural
constituencies
1 2 3 4 5
119
Currently, the Constitution fixes the number of

federal constituencies at 222, divided as follows:
Kedah Perlis Kelantan Terengganu Labuan Sabah
15 3 14 8 1 25
Penang
13
Perak Pahang
24 14
Selangor Johor
22 26
K. Lumpur
11
Putrajaya N. Sembilan Malacca Sarawak
1 8 6 31 120
A citizen may vote in an election if he or she:
Is 21 on the Is resident in a Is registered in the

Residency
Age
Registration
qualifying date constituency or, if electoral roll as an
not a resident, is an elector in the
absent voter constituency in
which he resides on
the qualifying date
“Qualifying date”
means the date on “Absent voter” means any How to Register?
which the person citizen who is registered as For information on how to
applies for an absent voter for a register as a voter, please
registration as a constituency visit
voter http://www.spr.gov.my
121
The Malaysian Constitution Constitutional Amendments
The Constitution may be amended by Federal law passed in accordance

with these additional requirements:
Dewan Rakyat Dewan Negara Consent

(if applicable)
Conference of Rulers
Only for amendments pertaining to:
Yes ≥ 2/3* Yes ≥ 2/3* •

•
The Federal guarantee of State Constitutions
The status of Islam
• The special position of bumiputras
• The Malay language as the official language
• Others (see Article 159(5) for the full list)
State of Sabah or Sarawak or

their Yang di-Pertua Negeri
* Except for certain minor amendments, an absolute
majority of 2/3rds of the total number of members of
each House is required. This means that for the
Dewan Rakyat at least 148 of its 222 members must Only for amendments pertaining to:
• The High Court of Sabah and Sarawak
vote in favour and for the Dewan Negara, 47 out of 70 • Matters within the State legislative powers
must vote in favour. • Special treatment of natives of the State
• Others (see Article 161E for the full list) 123
The Malaysian Constitution Constitutional Amendments
There have been approximately 675* individual amendments to the

Constitution. 41% of the amendments can be attributed to:
Territorial changes: the Creation of the Federal Modernising of terminology:
creation of Malaysia, the Court: for the such as replacing Borneo
departure of Singapore and restoration of a two tier States with Sabah and
the creation of three Federal appellate court system Sarawak and Muslim religion
Territories with Islam
Formation of Malaysia
118 Singapore Independence

* Based on the
annotations to the 2006
Reprint of the Federal Creation of Federal Territories
Constitution 42
Methodology: Each
30 Creation of Two Tier Appeal Courts
amended Article
pursuant to an 397
amending legislation
40 Modernising Terms eg "Muslim law"
count as one individual 48 to "Islam"
amendment. See pages Other Amendments
209 – 229 of the Reprint
124
The Malaysian Constitution Other Provisions
Malay is the national language
But no person is prohibited from

using, teaching or learning, any other languages
(other than for official purposes )
 Official purposes means any purpose of the Government, whether
Federal or State, and includes any purpose of a public authority
In addition, the Federal or any State Government

may preserve or sustain the use and study of the
language of any other community in Malaysia
126
All moneys received by the Federal Governments must be paid into a single
fund, known as the Consolidated Fund. All withdrawals must be done in
accordance with the Constitution.
All revenues Constitutionally

and moneys authorised
howsoever payments, such
raised or as:
IN OUT • Annual budget
received by
the expenditure
Federation • Pensions
• National debt
charges
127
http://www.agc.gov.my
Appointment and Removal

The Attorney General (AG) is appointed by the Yang di-
Pertuan Agong (YDPA) on the advice of the Prime
Minister, and remains as Attorney General at the
pleasure of the YDPA.
Duties
Amongst other things, the AG’s roles include advising
the Executive on legal matters.
As public prosecutor, the AG has full discretion in
instituting proceedings for offences committed except
for those under the jurisdiction of the Shariah
court, native court or court martial.
The AG’s decisions on whether or not to prosecute
someone cannot be challenged in Court.
128
http://www.audit.gov.my
Appointment and Removal
The Auditor General is appointed by the YDPA on the

advice of the Prime Minister, after consulting the
Conference of Rulers.
The Auditor General shall not be removed from office

except on the like grounds and in the like manner as a
judge of the Federal Court.
Powers and Duties

Click to read the
Auditor General’s
The Auditor General audits and reports on the
2010 Audit Report
accounts of the Federation and the States.
on the Federation.
National Feedlot The reports of the Auditor General must be presented
Corp’s report on to the Dewan Rakyat.
pages 135 - 147.
129
A member of the Dewan Negara or Dewan

Rakyat is disqualified if he or she:
• is of unsound mind
• is an undischarged bankrupt
• holds an office of profit in the public services, such as a
High Court judge
• has failed to lodge any return of election expenses
• has voluntarily acquired a foreign citizenship or declared
allegiance to a foreign country or exercised rights of
citizenship of a foreign country
• has been convicted and sentenced to:
• imprisonment for a term of not less than one year
or
• a “fine of not less than RM2,000”
130
A member of the Dewan Negara or Dewan Rakyat may voluntarily resign as an

MP or Senator at any time.
Q: Can an MP or Exco member give his or her party an undated, signed resignation letter which the
party can submit to the House without the member’s further consent?
A: No. The Federal Court held that this type of arrangement is void and unenforceable. See Ong - vs -
Sinyium Mutit [1983] 1 MLJ 36 (Salleh Abbas FJ)
Parliament
MP/ Political or State
Exco
member
Party Legislative
Date:______
To Speaker of House
Council
I hereby tender my resignation
from being a member of this
House with immediate effect.
Yours faithfully
Sgd. by member
131
Article 91 establishes the National Land Council.

NLC
Its members are a Minister, one representative from each
State, and up to 10 representatives appointed by the Federal
Government.
The NLC has the duty to formulate, in consultation with Federal

Yes ≥ 2/3* Government, the Yes ≥ 2/3*
State governments and the National Finance
Council, a national policy for the promotion and control of land
utilisation for mining, agriculture, forestry or any other purpose.
The Federal and State Governments must follow the national
policy, but the Governments of Sabah and Sarawak are not
required to do so unless both Parliament and the Yang di Pertua
Negeri of the relevant State agree that that State Government
shall be bound.
132
NCLG Article 95A establishes a National Council for Local

Government (NCLG).
Its members are a Minister, one representative from each

State, and up to 10 representatives appointed by the Federal
Government
Yesduty
Yes ≥ 2/3* The NCLG has the ≥ 2/3*
to formulate, in consultation with
Federal and State governments, a national policy for the
promotion, development and control of local governments in
the Federation.
The Federal and State Governments must follow the national
policy, but the Governments of Sabah and Sarawak are not
required to do so unless both Parliament and the relevant State
Legislature agree that that State Government shall be bound.
133
The Constitution establishes the following public services:
1 Armed Forces
2 Judicial and Legal Service
3 General Public Service
4 Police Force
5 Joint Public Services
6 States’ Public Services
7 Education Service
134
The Malaysian Constitution
Bahasa Malaysia text English text

of the Constitution of the Constitution
Document of Destiny – The The Constitution of Constitutional Landmarks

Constitution of the Malaysia in Malaysia
Federation of Malaysia A Contextual Analysis Editors Harding and Lee www.perlembagaanku.com
by Shad Saleem Faruqi by Andrew Harding
A national campaign to
educate the Malaysian
public and create
greater awareness
about the Federal
Constitution.
135
http://www.slideshare.net/mbl2020
136
SURVEY
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Introduction by completing a one minute survey.
Just click here. Thanks!
137
This presentation is a free educational guide to understanding the Federal

Constitution of Malaysia. It does not purport to be comprehensive or
accurate and it does not constitute legal advice. All liability arising as a
result, directly or indirectly, of acting or refraining from action on the basis
of any matter contained in this presentation is expressly disclaimed by the
author. Please seek your own legal advice for any constitutional law
matter.
138

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1. History (starts at page 6) • Parliamentary Cycle

3. The Legislature (page 17) 6. Conference of Rulers (page 41)

7. Fundamental Liberties (page 44)

13. Elections (page 114) 15. Other Provisions (page 125)

The Constitution created the Federation

In 1963, the Constitution

Singapore as additional Pulau Pinang

member states of the

At the same time, its

From the legal perspective, the establishment of Malaysia

The Constitution is Malaysia is a There are three

The Constitution is the supreme law of Malaysia

The Yang di-Pertuan Agong (YDPA) is Malaysia’s

http://www.parlimen.gov.my http://www.malaysia.gov.my http://www.kehakiman.gov.my

Legislature Executive Judiciary

Other Senators appointed by the YDPA

Dewan Rakyat Dewan Negara

Term of Office Until the dissolution of • 3 years, unaffected by

Legislative Authority to Make Federal Laws

• Parliamentary proceedings cannot be questioned in any court

• Members of Parliament are immune from court proceedings

New Parliament Elections, Next

The executive authority of the Federation is vested in

Subject to federal law, the executive authority vested in

A Minister Any person

Under the Constitution, the member (MP) of the

If the Prime Minister ceases to command the confidence of the

unless at the PM’s request the Yang di-Pertuan Agong (YDPA)

the Prime Minister shall tender the resignation of the Cabinet.

PERAK STATE CONSTITUTION

Article 18(2) - The Sultan may, if

The power to interpret laws, including the Constitution, lies with

Judges are in effect appointed by the Prime

Other High Court

Chief Justice of the

tribunal of judges. Other Court of

Other High Court

The Conference is a constitutional body comprising the

No one can be deprived of one’s

* Not applicable to laws passed under Article 149 or Article 150 45

Where a person is being unlawfully detained, the

* Not applicable to laws passed under Article 149 or Article 150 46

Where a person is arrested he shall:

* Not applicable to laws passed under Article 149 or Article 150 47

Where a person is arrested, he shall without

* Not applicable to laws passed under Article 149 or Article 150 48

No one shall be held in slavery.

* Not applicable to laws passed under Article 150 49

All forms of forced labour are prohibited

* Not applicable to laws passed under Article 150 50

No one shall be punished for an act or omission

* Not applicable to laws passed under Article 150 51

No one shall suffer greater punishment for an

* Not applicable to laws passed under Article 150 52

A person who has been acquitted or convicted of

* Not applicable to laws passed under Article 150 53

All persons are equal before the law and

* Not applicable to laws passed under Article 150 54

Except as authorized by the Constitution, no citizen

Admin of Certain Laws

* Not applicable to laws passed under Article 150 55