Significantly, British colonization had influenced the development of the Federal

Constitution in Malaysia. First and foremost, the Federal Constitution of Malaysia or known
as a written constitution was formally adopted on 31st August 1957 and the highest law of
Malaysia and contains the fundamental rights of the citizen. The Federal Constitution is the
supreme law of the Federation according to the Article 4(1) of FC stated that “This
Constitution is the supreme law of the Federation and any law passed after Merdeka Day
which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void”.
In general, The Federal Constitution was drafted by the Reid Commission headed by Lord
Reid, who was then serving as the Lord of Appeal in Ordinary in the House of Lords. The
other members of the Commission comprised constitutional law experts from several
common law jurisdictions namely, Sir Ivor Jennings (United Kingdom), Sir William Mckell
(Australia), Mr Justice B Malik (India) and Mr Justice Abdul Hamid (Pakistan). The
Constitution is an elaborate and lengthy document, extending to 183 Articles and 13
Schedules, covering various matters namely, Federal and State Goverments’ structure and
powers, constitutional monarchy, Parliamentary democracy, individual fundamental liberties,
the status of Islam as the religion of the Federation, Provisions on citizenship, special
privileges for the Malays and the natives of the States of Sabah and Sarawak, provisions on
subversion and emergency, the status of Bahasa Melayu as the National Language and the
procedure to amend the Constitution, among others.
Malaysia’s federal constitution has its roots in the country’s history and the necessity to
accommodate its heterogeneous populace. During colonial rule, the British introduced a legal
and administrative system. This framework laid the groundwork for governance structures
and legal principles that later influenced the drafting of the Malaysian federal constitution.
Here’s a brief overview of the development:
Malayan Union (1946-1948)
Immediately after the end of the Second World War which is the ending of the Japanese
Occupation in Malaya, the Malayan Union, a centralized administration was introduced by
the British. It was a union of the Malay states and the Straits Settlements of Penang and
Malacca. It was intended to unite the Malay Peninsula under a single government in order to
streamline administration. On 1 April 1946, the Malayan Union officially came into existence
with Sir Edward Gent as its governor, consolidating the Federated Malay States, Unfederated
Malay States and the Straits Settlements of Penang and Malacca under one administration.
The proposed constitutional framework for the Malayan Union, called for a central
government with considerable authority over domestic security, defense, and foreign policy.
It also aimed to unify all inhabitants under a common citizenship and do away with separate
Malay states. However, The Malayan Union faced strong opposition from various quarters,
particularly the Malay nationalists, who perceived it as a threat to Malay political dominance
and the special privileges enjoyed by the Malays. They argued that the Malayan Union
undermined the position of the Malay rulers, eroded Malay rights, and jeopardized their own
political and economic interests.
Federation of Malaya Agreement (1948)
Due to the opposition by the ethnic Malays, the British introduced the Federation of Malaya
Agreement, laying the foundation for a federal structure. With increasing strain, the British
government eventually conceded and replaced the Malayan Union with the Federation of
Malaya in 1948. The new federation retained the Malay rulers and their respective state
governments, while granting limited powers to a central government. It also implemented
policies to safeguard Malay political and economic interests. The federation also introduced a
system of citizenship that recognized different categories of citizenship based on ethnicity.
The Malays were given "bumiputera" status, which provided them with certain affirmative
action policies and protection of their political and economic interests. Non-Malays were
granted citizenship, but without the same privileges as the Malays. Over time, the Federation
of Malaya embarked on a path towards independence. In 1957, it gained full independence
from British colonial rule and became the independent nation of Malaya. The federation later
expanded and transformed into Malaysia in 1963, with the inclusion of Singapore, Sabah, and
Sarawak.
Independence and the Reid Commission (1957)
In 1956, the British government appointed the Reid Commission, led by Lord William Reid,
to draft the country's constitution. The Reid Commission was an independent commission
responsible for drafting the Constitution of the Federation of Malaya prior
to Malayan independence from the United Kingdom of Great Britain and Northern Ireland on 31
August 1957. The Reid Commission began in-depth discussions with leaders of various
communities, political parties, and representatives of various racial and religious backgrounds.
Their objective was to solicit feedback and guarantee that the constitution represented the hopes
and worries of every community. Based on the consultations and discussions, the Reid
Commission made several key recommendations which included the preservation of Malay
political and economic interests, "bumiputera" rights, protection of minority rights, and the
establishment of a democratic system of governance. On August 31, 1957, the federal
constitution was formally adopted in conjunction with Malaya's independence from British
colonial control, and it was based on the recommendations of the Reid Commission. This was a
crucial turning point in Malaysia's history when it gained independence. The federal constitution
that was later adopted, along with the suggestions made by the Reid Commission, established
the framework for Malaysia's government. The country's parliamentary democracy, division of
powers, defense of individual and collective rights, and Malays' unique status were all outlined in
the constitution.

Throughout the years, the Federal Constitution has undergone amendments to address evolving
needs and challenges. These changes have sometimes involved the distribution of powers
between the federal government and the states. On top of that, our federal constitution reflects its
unique social and ethnic composition, emphasizing principles like Malay supremacy (Article 153)
and the special position of indigenous people. To sum up, British colonization not only
established the foundation for legal and administrative frameworks, but it also had an impact on
the principles that are ingrained in the federal constitution of Malaysia. Malaysia's political and
legal identity is shaped by the constitution, which combines reactions to local dynamics with
British legal traditions.