THE CONSTITUTION OF

MALAYSIA
THE INTRODUCTION ABOUT
CONSTITUTION
 CONSTITUTION
• A constitution is a set of rules for government-
often codified as a written document-that
enumerates and limits the powers and functions
of a political entity.
• In the case of countries and autonomous regions
of federal countries the term refers specifically to
a constitution defining the fundamental political
principles, and establishing the structure,
procedures, powers and duties, of a government.
 CHARACTERISTICS OF
CONSTITUTION
• Generally, every modern constitution confers
specific powers to an organization or institutional
entity, established upon the primary condition that
it abides by the said constitution's limitations.
• An example from the constitutional law of nation-
states would be a provincial government in a
federal state trying to legislate in an area
exclusively enumerated to the federal government
in the constitution, such as ratifying a treaty.
 GOVERNMENTAL CONSTITUTIONS

• the term constitution refers to a set of rules

and principles that define the nature and
extent of government.
• Most constitutions seek to regulate the
relationship between institutions of the state,
in a basic sense the relationship between the
executive, legislature and the judiciary, but
also the relationship of institutions within
those branches.
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• The following are features of democratic
constitutions that have been identified :
– CODIFICATION
• A fundamental classification is codification or lack of
codification. A codified constitution is one that is
contained in a single document, which is the single
source of constitutional law in a state. An uncodified
constitution is one that is not contained in a single
document, consisting of several different sources, which
may be written or unwritten.
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– ENTRENCHMENT
• The presence or lack of entrenchment is a fundamental
feature of constitutions.
• An entrenched constitution cannot be altered in any way
by a legislature as part of its normal business concerning
ordinary statutory laws, but can only be amended by a
different and more onerous procedure.
• There may be a requirement for a special body to be set
up, and the proportion of favorable votes of members of
this body may be required to be higher to pass an
amendment than for statutes.
CONSTITUTION OF
MALAYSIA
 INTRODUCTION
• The Federal Constitution of Malaysia is the supreme law of Malaysia.
• The 1957 Constitution of the Federation of Malaya is the basis of
this document.
• It establishes Malaysia as a constitutional monarchy having the Yang
di-Pertuan Agong as the Head of State whose roles are largely
ceremonial.
• It provides for the establishment and the organization of three main
branches of the government:
– The bicameral legislative branch called the Parliament, which consists of
the House of Representatives and the Senate
– The executive branch led by the Prime Minister and consists of Cabinet
Ministers
– The judicial branch headed by the Federal Court.
 HISTORY OF THE MALAYSIAN
CONSTITUTION

• A constitutional conference was held in

London from 18 January to 6 February 1956
attended by a delegation from the Federation
of Malaya, consisting of four representatives
of the Rulers, the Chief Minister of the
Federation (Tunku Abdul Rahman) and three
other ministers, and also by the British High
Commissioner in Malaya and his advisers.
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• The Constitution of Malaya was drafted based

on the advice of the Reid Commission which
conducted a study in 1956. The Constitution
came into force on 27 August 1957. Formal
independence was only achieved on 31
August however.
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• The Constitution of Malaya (with significant

amendments) was used as the basis for the
Constitution of Malaysia when Malaya, Sabah,
Sarawak, and Singapore merged to form
Malaysia in 1963.
 AMENDMENTS OF THE MALAYSIAN
CONSTITUTION
• Some articles may be amended only by a two-
thirds majority in each House of Parliament but
only if the Conference of Rulers consents. These
include:
– Amendments pertaining to the powers of sultans
and their respective states
– The status of Islam in the Federation
– The special position of the Malays and the natives of
Sabah and Sarawak
– The status of the Malay language as the official
language
 AMENDMENTS OF THE MALAYSIAN
CONSTITUTION
• Some articles may be amended only by a two-
thirds majority in each House of Parliament but
only if the Conference of Rulers consents. These
include:
– Amendments pertaining to the powers of sultans
and their respective states
– The status of Islam in the Federation
– The special position of the Malays and the natives of
Sabah and Sarawak
– The status of the Malay language as the official
language
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• Some articles of special interest to East Malaysia,
may be amended by a two-thirds majority in each
House of Parliament but only if the Governor of the
East Malaysian state concurs. These include:
– Citizenship of persons born before Malaysia Day.
– The constitution and jurisdiction of the High Court of
Borneo.
– The matters with respect to which the legislature of the
state may or may not make laws, the executive authority
of the state in those matters and financial arrangement
between the Federal government and the state.
– Special treatment of natives of the state.
 ORGANIZATION OF THE MALAYSIAN
CONSTITUTION

• The Constitution is divided into 15 parts and

13 Schedules. Each part and schedule contains
relevant articles. There are 230 articles in the
15 parts, including those which have been
repealed.
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• 15 parts
– Part I - The States, Religion and
Law of the Federation
– Part II - Fundamental Liberties
– Part III - Citizenship
– Part IV - The Federation
– Part V - The States
– Part VI - Relations Between the
Federation and the States
– Part VII - Financial Provisions
– Part VIII - Elections
– Part IX - The Judiciary
– Part X - Public Services
– Part XI - Special Powers
Against Subversion, Organized
Violence, and Acts and Crimes
Prejudicial to the Public and
Emergency Powers
– Part XII - General and
Miscellaneous
– Part XIII - Additional
Protections for States of Sabah
and Sarawak
– Part XIIII - Temporary and
Transitional Provisions
– Part XIV - Saving for Rulers'
Sovereignty, Etc.
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13 Schedules
• First Schedule - Oath of Applications for Registration of Naturalization
• Second Schedule - Citizenship of persons born before, on and after Malaysia
Day
• Third Schedule - Election and removal of the Yang di-Pertuan Agong and his
deputy
• Fourth Schedule - Oaths of Office of Yang di-Pertuan Agong and his deputy
• Fifth Schedule - The Conference of Rulers
• Sixth Schedule - Forms of Oaths and Affirmations
• Seventh Schedule - Election and Retirement of Senators
• Eighth Schedule - Provisions to be inserted in State Constitution
• Ninth Schedule - Legislative Lists (The responsibilities and rights of the
Federal and State government)
• Tenth Schedule - Grants and Source of Revenue Assigned to States
• Eleventh Schedule - Provisions of the Interpretation and General Clauses
Ordinance, 1948 (Malayan Union Ordinance no. 7 of 1948), Applied for
Interpretation of the Constitution
• Twelfth Schedule - (Repealed)
• Thirteenth Schedule - Provisions Relating to Delimitation of Constituencies
NOTABLE ARTICLES IN
CONSTITUTION
 ARTICLE 5

• The Constitution is divided into 15 parts and

13 Schedules. Each part and schedule contains
relevant articles. There are 230 articles in the
15 parts, including those which have been
repealed.
 ARTICLE 6
• Article 6 provides that no person may be held in
slavery.
• All forms of forced labour are prohibited, but federal
law may provide for compulsory service for national
purposes.
• It is expressly provided that work incidental to
serving a sentence of imprisonment imposed by a
court of law is not forced to labour.
• The National Service Act was drafted based on
Article 6.
 ARTICLE 8
• Article 8 by clause (1) provides that all persons are equal
before the law and entitled to its equal protection.
• Clause 2 states: “Except as expressly authorized by this
Constitution, there shall be no discrimination against citizens
on the ground only of religion, race, descent, gender or place
of birth in any law or in the appointment to any office or
employment under a public authority or in the administration
of any law relating to the acquisition, holding or disposition of
property or the establishing or carrying on of any trade,
business, profession, vocation or employment.”
• The exception in clause 2 is used to justify the reservations
and special provisions for the Malays and the Bumiputera of
Sabah and Sarawak under Article 153.
 ARTICLE 10
• Article 10 (1) guarantees the freedom of speech,
the right to assemble peacefully and the right to
form associations to every Malaysian citizen.
• However, Parliament may by law impose
restrictions on these rights in the interest of the
security of the Federation, friendly relations with
other countries, public order, morality; and
restrictions designed to protect the privileges of
Parliament, to provide against contempt of court,
defamation, or incitement to any offence.
 ARTICLE 11
• Though Islam is the religion of the Federation,
Article 11 provides that every person has the right
to profess and practice his own religion.
• Every person has the right to propagate his religion,
but state law and, in respect of the Federal
Territory, federal law may control or restrict the
propagation of any religion, doctrine or belief
among persons professing the Muslim religion.
• There is, however, freedom to carry on missionary
work among non-Muslims.
 ARTICLE 13
• Article 13 provides that no person may be
deprived of property save in accordance with
law.
• No law may provide for the compulsory
acquisition or use of property without
adequate compensation.
 ARTICLE 32
• Article 32 of the Constitution of Malaysia provides for a Supreme
Head of the Federation, to be called the Yang di-Pertuan Agong,
who shall take precedence over all persons in the Federation and
shall not be liable to any proceedings whatsoever in any court.
• The Consort of the Yang di-Pertuan Agong is to be called the Raja
Permaisuri Agong shall take precedence next after the Yang di-
Pertuan Agong over all other persons in the Federation.
• The Yang di-Pertuan Agong is elected by the Conference of Rulers
for a term of five years, but may at any time resign his office by
writing to the Conference of Rulers or be removed from office by
the Conference of Rulers, and shall cease to hold office on
ceasing to be a Ruler.
 DISCUSSION
• when reviewing the constitution of Malaysia :
– we can learn about the constitution in Malaysia and can
learn about history
– other than that, we can identify the constitutional
amendment that is in Malaysia
– Can learn about history and the amendment in
Malaysia, also can list the organizations Malaysian
constitution
– as a whole, can know the problem that occur through
the Notable Articles.
 CONCLUSION
• Malaysia as a sovereign country having complete
and detailed own constitution. However, since
formation of Malaysia Federal Constitution, this
constitution had several times amended.
• There could be criticism that constitution as a
important basic document and no need to be
amended many times .
• However, Malaysians required respect it. This case
are because, people bred to be respectful and
consider constitution as nation's supreme laws.