MPU 3173 MALAYSIAN STUDIES 3

CHAPTER 2: THE FEDERAL

CONSTITUITION
1. The Definition of the Constitution
2. The Aim of the Constitution.
 CONSTITUTION
1. The Definition of the Constitution
2. The History of the Malaysian Constitution
3. The Aim of the Constitution.
4. Forms of the Constitution.
5. Supremacy of the Malaysian Constitution.
6. The Contents of the Constitution
7. Unique of Malaysian Constitution
8. The Constitutional Amendments
 1. The Constitution

a) Definition
Highest resources of laws in a country.
A document containing all the law and
the basic rules of the country.
 2. The History of the Malaysian
Constitution
 Malayan Union in 1946
1. After World War II, Japan retreated from
Malaya and the British returned. The
introduction of Malayan Union in April 1946
had been widely opposed by the Malays.
 2. The History of the Malaysian
Constitution
 The 1948 Federal Constitution of Malaya
1. When the Malayan Union was dissolved, an agreement
was made between the rulers and the British colonialists
called the Federation Agreement 1948.
2. The result is the formation of the federal government
agreement consisting of a British High Commission, an
Executive Council and a Legislative Council.
3. As a result of this agreement also was born a new
constitution for the Malaya which came into force on 1
February 1948.
 The Federal Constitution of Malaya in 1957
1. After the Reid Commission had successfully
received 131 suggestions from the people of
Malaya from the general public, political
parties, public bodies and so fundamental to the
drafting of a constitution for the Federation of
Malaya towards independence.
2. The 1957 Federal Constitution of Malaya has
been effectively implemented up until today
and several amendments have been put into
practice.
 The Constitution of Malaysia 1963

Some of the amendments in the 1957

Federal Constitution included:
The Malaysian Acts approved in 1963
amending article 1(1) and (2) for the
inclusion of Sabah, Sarawak and
Singapore.
Changing the name of The Federation of
Malaya to the Federation of Malaysia
 3. The Aim of the Constitution
Generating a form of fair government
To prevent power abuse by the rulers.
Controlling the movement of the
government and people by outlining things
to do and what not to do.
An instrument for resolving problems.
Securing the sustenance of the country.
Ensuring peace and stability of the country.
 4. Forms of the Constitution
 A written constitution
1. Constitutional collected and compiled in a document.
2. For example, the Federal Constitution, the State
Constitution, the Parliament Act, Act and Ordinance.
 Unwritten constitution
1. The Constitution does not accumulate in a letter or
document.
2. For example, the principles of common law (Common
Law), the decisions of the courts, Islamic law unwritten,
customary law.
** Malaysia practices the written form whereby the
Parliament obtains the authority from the Constitution.
 5. Supremacy of the Constitution
Constitution to override the parliament, the
courts and the executive.
The highest source of legislation.
Parliament received the power of the
Constitution.
In the federal, Parliament is the legislative
body that is empowered to make laws (the
Act). While at the state level, the State
Legislative Assembly (DUN) empowered to
make the state law (Act).
 5. Supremacy of the Constitution
Constitution expressly specify matters that are
the responsibility of Parliament and Legislative
Assemblies and the things with which
Parliament and the Legislative Assemblies can
make laws about it.
If the parliament or assembly not in
accordance with the powers prescribed in the
Constitution when making laws, the court is
empowered to make judgment to nullify the
action of the Parliament or Assembly.
Thus, the court acts as the governing body
and ensure the supremacy of the
constitution.
Clearly, the court is the highest in legal
matters, while Parliament is also empowered
to amend the law in accordance with the
powers prescribed by the constitution.
The Constitution is generally the highest in
terms of giving legislative power to
parliament, state assembly and the courts.
In addition, the YDPA has the highest position,
which he is the head of the country, the focus of
loyalty and obedience of every citizen, became
the symbol of the nation, the supreme head of
the armed forces and chairman of the state
government.
Although he has a special position, the
constitution establishes the YDPA as a
constitutional monarchy, means power is
subject to constitutional YDPA.
 6. CONTENTS OF CONSTITUTION
Constitution contains 15 Sections, 183 Articles and 13
Schedules
Key Features of the Constitution:

1. Malaysia as a Federation 5. Supremacy of the constitution

2. Malaysia is a and freedom law
constitutional monarchy 6. The doctrine of separation of
3. Malaysia as a country powers
that practices 7. The authenticity and integrity
parliamentary democracy of the Judiciary
4. Freedom of religion with 8. National Language,
Islam as the official Citizenship and privileges of
religion of Malaysia the Malays and natives of
Sabah and Sarawak
 7. UNIQUE OF MALAYSIA
CONSTITUTION
The practice of constitutional monarchy
Yang di-Pertuan Agong selected from the rulers in
rotation for a period of five years.
Yang di-Pertuan Agong is the head of all three branches
of government, namely the legislative, the judiciary and
the executive (government).
Yang di-Pertuan Agong is also a key member of the
Conference of Rulers.
 The chapters dedicated to the states of Sabah and Sarawak
 The Cobbold Commission was preparing a new constitution
for Malaysia to provide special provisions for the states of
Sabah and Sarawak.

 In line with Malaysia's multi-racial society:

 The drafting of the Constitution from the beginning did not
ignore the public opinion so that it becomes a fair and
practical source of legislation that are acceptable to all parties.
 During the process of drafting the Constitution, many people
have taken the opportunity to give their views, for example
families of Malay, Chinese and Indian leaders in UMNO,
MCA and MIC have held talks to discuss the draft
constitution.
 8. Amendments of Constitution
Constitution can be amended through the
parliamentary process.
Reason and rational conduct a constitutional
amendment are:
1. In order to maintain the smooth running of the
country
2. To control the order in the country
3. So the people's interests can be protected if it is
found that existing laws are not satisfactory.
 Examples of amendment
1. Separation of Singapore
Amendments made by 2/3 of the members of the
House to support this amendment. So in
September 1965, Singapore left the Federation of
Malaysia.
2. Management of water supply
Amendment of the Constitution allows the
federal government to regulate water supply
management at the state level except in Sabah
and Sarawak. This is to ensure water supply
management implemented more efficiently and
effectively.
 Examples of amendment
3. The Immunity of a king
Government amend the Constitution in relation
to immunity of kings, i.e. they can not be charged
in the normal court of law if they commit any
crime or wrongdoing.
This amendment was made because it considers
the exclusion of the kings from legal action is not
in line with today and by this amendment it
believed that relationship between the king and
the people can be better.
THE SPECIAL PROVISIONS OF THE
CONSTITUTION
1. Malay Language (Bahasa Melayu)
2. The Privileges of the Malay Kings
3. Islam as the Federal Religion and the Status of
Other Religions
4. Citizenship
5. The Special Rights of the Malays, Bumiputras and
the Right of Other Races
6. Basic Rights
1. MALAY LANGUAGE (Bahasa Melayu)
An intermediate language (lingua franca) since the
15th century during the Malacca Sultanate.
During the British colonial period, the use of the
Malay language began to decline when the English are
preferred in administration or education.
Malay language was reviewed during the formation of
the Federation of Malaya.
The position of the Malay language is enshrined in
Article 152 of the Constitution which provides for
languages other than English must be used for official
purposes.
This is also to protect other languages and none
were prohibited from using languages other
than English.
If there is any party trying to leverage the
language issue among the public, they can be
accused of committing an offense under the
Sedition Act 1948.
Temporary provisions are as follows: -
o For a period of 10 years after independence
and afterwards unless allocated otherwise by
the Parliament, English is allowed to be use
in both Parliamentary Assemblies, the State
Legislative assembly and other official
purposes.
o After 10 years, Parliament has dropped a
temporary provision through the National
Language Act 1967. However, the Act does
not apply to the states of Sabah and Sarawak.
2. THE PRIVILEGES OF MALAY KINGS
Historical Background
The history of the Council of Rulers history
began with the establishment of the Council of
Rulers for the Federated Malay States on July 1,
1896.
When the Federal of Malaya was formed in
1948, membership had increased with inclusion
of non-Federated Malay States namely, Johor,
Kedah, Perlis, Kelantan and Terengganu.
Its name was also shortened to the Council of
Rulers.
After independence, Melaka and Penang also
participated. When Malaysia was formed in 1963,
Sabah and Sarawak is also a member.
The Conference of Rulers is an official body founded
following Article 38 of the Constitution serving as the
platform for the Kings and the State Governors to
meet up and discuss.
Comprises of nine Malay kings and four State
Governors.
Matters pertaining to the selection and appointment
of the Yang Di Pertuan Agong is also placed under
the Council, other than the fact that it is the highest
authority in Islamic affairs in Malaysia.
The Main Function of the Council of Rulers:
 Selecting the Yang di-Pertuan Agong and Deputy
Yang di-Pertuan Agong for the Federal in
accordance with the provisions of the Third Table.
 Approve or disapprove to any actions, practices or
religious events cover the entire Federation.
 Approve or disapprove any laws and also provide
advice regarding any appointment which according
to the Constitution requires the agreement of the
Council of Rulers or required to be done by or after
negotiations with the Council.
The Main Function of the Council of Rulers:
Appoint the members of the Special Court under
Clause (1) Article 182.
Granting forgiveness, reprieval and respite or
remittance, suspending or lighten sentences,
under Clause (12) Article 42, and may deliberate
on matters concerning national policies (for
instance changes about the policies of the
immigration) and any changes that are deemed
essential.
 3. ISLAM AS THE FEDERAL RELIGION
AND STATUS OF OTHER RELIGIONS
Islam has been in Malaya since the 13th century through
the discovery of the Terengganu Stone Inscription dated
1292 AD
Islam flourished during the reign of the Malacca
Sultanate.
The development of Islamic religion persists even
during British rule until Malaya gained independence.
Article 3 (1) of the Federal Constitution of Malaysia
provides Islam as the religion of the Federal, but the
Constitution also provides freedom for all individuals to
practice their own religion and way of peace and
harmony in any part of the Federal.
 4. CITIZENSHIP
The historical background
The concept came about since the French and
American revolutions in the 18th century.
Understanding citizenship: “loyalty given to a
region, town, state or country and the willingness
to accept all the duties and responsibilities”.
 Citizenship through Means of Law
1. The Effective Citizenship Act

Individuals born before Malaysia Day Individuals born on or after Malaysia

and become a citizen of the Federal will Day and became a citizen on the
be a citizen automatically provision of the qualification.

 1957 Federal Citizen

-Obtaining citizenship throuh registration
and naturalization
  Born between August 31, 1957-
October 1962
-Parents are citizens or permanent
resident.
 Born outside the Federal on or after
Merdeka
Father is citizen or works with the Federal
Government. The birth was registered
with the Federal Consul Office.
 Born in Malaysia
-Mother / father was a citizen
or permanent resident
 Born outside Malaysia
Father is a citizen or serves
in the government. Within a
year after the birth, the birth
must be registered at the
Federal Consul Office.
2. Citizenship through Registration
Situation Terms of qualification
Wives and children are - Still married to citizens starting October 1962.
citizens - Resident in the Federal for 2 years before application
and intends to continue to reside there.
- Good behaviour.

Aged less than 21 - Registered by parents or guardian if either one is a

years old citizen.
- Born before October 1962.
A person aged 18 years - Providing residency in the federal for 5 to 7 years
or older and born in the before application.
Federal before - Intend to become permanent residents of the Federal.
Independence Day - Have simple knowledge of the Malay language.
- Good behaviour.
A person aged 18 years - Resident in the Federal before the Malaysia Day.
and reside in Sabah - After Malaysia Day, resided in the Federation for 7 from
and Sarawak on 10 years before application.
Malaysia Day
3. Citizenship through Naturalization
Individuals or foreign citizens aged 21 years and
above
Interested in becoming a citizen
Several conditions must be met:
1. Has lived in the Federation of Malaysia 10-12
years before the date of application
2. Intend to become permanent residents of the
Federation of Malaysia
3. Good behaviour
4. Knowledgeable in Malay Language
4. Citizenship through Regional Affiliation
The easiest way to become a citizen of the
Federation
Eg: the residents of Singapore, Sabah and
Sarawak obtain their status of citizenship
when these three regions joined Malaysia on
16 September 1963.
Loss of Citizenship through two ways:
• The individual refused citizenship
• The government take away the citizenship based on the
following reasons, the individual:
1. has become a foreign citizen
2. He is disloyal through speech and action
3. Betrayed the government during war or in connection with
trade and conduct business with enemies of the country.
4. Obtaining citizenship by registration, has been sentenced to
imprisonment not exceeding 12 months or to a fine of not
less than RM5000 without forgiveness for his offence.
5. Resides in a foreign country for more than 5 years
continuously without registering at the Federal Consul
Office.
The Procedures of removing citizenship
1. Notified in writing with reasons to the individual
who is subject to removal orders.
2. The individual may refer the case to an
investigation committee.
3. The government, through the report of the
investigation committee to determine whether a
person will be deprived of citizenship or not.
 5. The Special Rights of the Malays,
Bumiputeras and the rights of other races
The Bumiputeras in Sabah and Sarawak (including non-
Malays) are grouped together with other recipients of
specialties like those acquired by the Malays. But the
interests of the other also should be protected.
Among the things included in the issues of special rights
of the Malays as one of the bumiputeras are:
Public services
Economy
Education
1. Public services
 Article 153: has provided the obligations of the Yang di
Pertuan Agong on the counsel of the Council of Ministers in
deciding on the reservation for the Malays and the Sabah and
Sarawak bumiputeras.
 Reserve a reasonable proportion of the public service
because before this number of Malays who held high
positions in the government are very low.
 During Malaya under British colonial rule, most low
positions held by the Chinese and Indians who speak
English. Just high posts held by British officials.
 During the drafting of the constitution, the delegates
representing the various ethnic groups in Malaysia argued
that the number of Bumiputera must be added and given
priority.
2. Economy
 Yang di-Pertuan Agong must issue an order to the
authority responsible to issue permit or license, to
determine the rate of reservations to Malays.
 This provision is important because the Malays are left
behind in the economic field.
 The government's efforts: the New Economic Policy
(NEP) in the 1970s in the hope of Malays will have 30%
of the total commercial and industrial activities.
3. Education
 Special allocations must be made available so that Malays
will get to compete with other races especially in the
economy.
 Clause 2 of Article 153 of the Constitution allocates that
the Yang di-Pertuan Agong is responsible to protect the
special position of the Malays and Bumiputera by
declaring reservations granted to them like study grant,
aid and educational specialities and other facilities made
ready by the federal government.
 Clause 4 provides: Yang di-Pertuan Agong shall not
discontinue any scholarships, grants and tuition benefits
to any person other than the Malays and natives of Sabah
and Sarawak.
 6. BASIC RIGHTS
 Malaysia in respect of the principles of human rights:
 Full commitment by the basic principles of the
International Bill on Human Rights and other human
rights agencies. However, its implementation should take
into account the local values
 Hold that all human rights are universal, inseparable and
interdependent on each other
 Uphold the principles of objectivity, non-partisan and
non-selectivity.
 Reject any principle of politicizing and selecting the love
of human rights.
 6. BASIC RIGHTS
 Rejecting the use of human rights as conditions for any
financial assistance and development or as measures to
develop trade.
 Respect and comply fully with national sovereignty and
territorial integrity and non-interference in the internal affairs
of a country.
 Supporting the rights to development as a universal right and
it is a great necessity to complete the principles of human
rights.

The Human Rights Commission of Malaysia was established by

the government to promote and protect human rights in
Malaysia.
 Among the matters that touch on human rights in the
Federal Constitution of Malaysia are:
1. Personal Freedom
Under the Federal Constitution, Clause 1 of Article
5 provides no person shall be deprived of his life
and his freedom except in accordance with law.
Clause 2 states that if a complaint was made to the
High Court or to any judge as a person detained as
illegal, the court shall inquire into the matter
beforehand, unless satisfied that the detention
lawful under the law.
Clause 3: if a person is arrested, he shall be notified
immediately the reasons for his arrest and allowed
to defend themselves.
 2. Slavery and Forced Labor
Article 6 of the Federal Constitution of
Malaysia, provides that no person shall be
held in slavery and forced labour.
But federal law may provide for the
holding of conscript service to the country.
Prison sentences are not considered as
forced labour.
 3. Equality to the law
Clause 2: a citizen can not be distinguished
solely by reason of race, religion, race or
place of birth.
Everyone is entitled in any position or
under a public authority, local and statutory
whether in business, trade, professional
works and so on.
 4. Prohibition of exile and Freedom of
Movement
Article 9: No citizen shall be exiled or prevented
from entry into the Federation.
Every citizen has the right to speech and
expression. But, this is subject to immigration
laws pertaining to Sabah and Sarawak.
Subject to the law relating to the security of the
public order, public health and the penalties
imposed on offenders.
5. Freedom to speak, gather and set up association
Article 10: Freedom to all citizens of the speech, assembly and
association.
However Parliament may impose restrictions deemed
necessary to protect the security of the Federation or any part
of the Federation with other states for public order, protecting
the privileges of Parliament and State Assemblies, contempt of
court and acts that could give rise to opposition to the
government.
The Parliament has accepted an amendment to create Act
(Amendment) Act 30 of 1971 Constitution came into force on
10 March 1971, which makes it a crime of sedition or to
anyone who questions on sensitive issues.
 6. Equality in Education
Article 12 states the right to education.
There is no difference to any citizen solely because of religion,
race, descent and place of birth to get the education that is:
In any educational institution maintained by a public authority
on the admission of pupils or students of the payment.
About allocate financial and financial support of public
authorities to assume or refinance pupils or students in any
foundation subject to Article 153 students.
Every religious group has the freedom to establish and
maintain the foundations for the education of the child or the
religion.
However, no one is obliged to accept any of the teachings of
religions, took part in the ceremony / worship of any religion
other than his own.
 7. Right to Property
Article 13: No person shall be deprived
of property except by law.
The law also can not make any provision
for the acquisition or use of property by
force without adequate compensation.