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Constitution of Malaysia
The Federal Constitution of Malaya, which came into force in 1957, is the supreme law
of Malaya.[1] The Federation was initially called the Federation of Malaya (in Malay, Persekutuan
Tanah Melayu) and it adopted its present name, Malaysia, when the States of Sabah, Sarawak
and Singapore (now independent) became part of the Federation. [2] The Constitution establishes
the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of
State whose roles are largely ceremonial. [3] It provides for the establishment and the organisation
of three main branches of the government: the bicameral legislative branch called the
Parliament, which consists of the House of Representatives (in Malay, Dewan Rakyat) and the
Senate (Dewan Negara); the executive branch led by the Prime Minister and his Cabinet
Ministers; and the judicial branch headed by the Federal Court. [4]

Contents
  [hide] 

 1History
 2Structure
o 2.1Parts
o 2.2Schedules
 3Fundamental Liberties
o 3.1Article 5 – Right to Life and Liberty
o 3.2Article 6 – No Slavery
o 3.3Article 7 – No Retrospective Criminal Laws or Increases in Punishment and no
Repetition of Criminal Trials
o 3.4Article 8 – Equality
o 3.5Article 9 – Prohibition of Banishment and Freedom of Movement
o 3.6Article 10 – Freedom of Speech, Assembly and Association
 3.6.1Laws on freedom of assembly
 3.6.2Laws on freedom of speech
 3.6.3Freedom of association
o 3.7Article 11 – Freedom of religion
o 3.8Article 12 – Rights in respect of education
o 3.9Article 13 – Rights to property
 4Federal and state relationship
o 4.1Article 71 – State sovereignty and state constitutions
o 4.2Articles 73 – 79 legislative powers
 4.2.1Federal, state and concurrent legislative lists
 4.2.2State Islamic laws and Syariah courts
 5Other articles
o 5.1Article 3 – Islam
o 5.2Article 32 – The Head of State
o 5.3Articles 39 and 40 – The executive
o 5.4Article 43 – Appointment of the Prime Minister and the cabinet
 5.4.1Article 43(4) – Cabinet and the loss of majority in the Dewan Rakyat
 5.4.2The Perak Menteri Besar case
o 5.5Article 121 – The judiciary
o 5.6Article 149 – Special Laws against subversion and acts prejudicial to public order,
such as terrorism
o 5.7Article 150 – Emergency Powers
o 5.8Article 152 – National Language and Other Languages
 o 5.9Article 153 – Special Position of Bumiputras and Legitimate Interests of Other
Communities
o 5.10Article 160 – Constitutional definition of Malay
o 5.11Article 181 – Sovereignty of the Malay Rulers
 6Parliament
o 6.1Parliamentary Cycle and General Elections
o 6.2Legislative power of Parliament and Legislative Process
o 6.3Qualifications for and Disqualification from Parliament
 7Citizenship
 8Election Commission
 9Constitutional Amendments
o 9.1Two-thirds absolute Majority Requirement
o 9.2Frequency of Constitutional Amendments
 10See also
 11Notes
 12References
 13External links

History[edit]
Main article: History of the Malaysian Constitution
Constitutional Conference: 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. [5]
Reid Commission: The conference proposed the appointment of a commission to devise a
constitution for a fully self-governing and independent Federation of Malaya.[6] This proposal was
accepted by Queen Elizabeth II and the Malay Rulers. Accordingly, pursuant to such agreement,
the Reid Commission, consisting of constitutional experts from fellow Commonwealth countries
and headed by Lord (William) Reid, a distinguished Lord-of-Appeal-in-Ordinary, was appointed to
make recommendations for a suitable constitution. The report of the Commission was completed
on 11 February 1957. The report was then examined by a working party appointed by the British
Government, the Conference of Rulers and the Government of the Federation of Malaya and the
Federal Constitution was enacted on the basis of its recommendations. [7]
Constitution: The Constitution came into force on 27 August 1957 but formal independence was
only achieved on 31 August.[8] This constitution was amended in 1963 to admit Sabah, Sarawak
and Singapore as additional member states of the Federation and to make the agreed changes
to the constitution that were set out in the Malaysia Agreement, which included changing the
name of the Federation to "Malaysia". Thus, legally speaking, the establishment of Malaysia did
not create a new nation as such but was simply the addition of new member states to the
Federation created by the 1957 constitution, with a change of name. [9]

Structure[edit]
The Constitution, in its current form (1 November 2010), consists of 15 Parts containing 230
articles and 13 schedules (including 57 amendments).
Parts[edit]

 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, Organised Violence, and Acts and Crimes
Prejudicial to the Public and Emergency Powers
 Part XII – General and Miscellaneous
 Part XIIA – Additional Protections for States of Sabah and Sarawak
 Part XIII – Temporary and Transitional Provisions
 Part XIV – Saving for Rulers' Sovereignty, etc.
 Part XV – Proceedings Against the Yang di-Pertuan Agong and the Rulers
Schedules[edit]
The following is a list of the schedules to the Constitution.

 First Schedule [Articles 18(1), 19(9)] – Oath of Applications for Registration or

Naturalization
 Second Schedule [Article 39] – Citizenship by operation of law of persons born before,
on or after Malaysia Day and supplementary provisions relating to citizenship
 Third Schedule [Articles 32 and 33] – Election of Yang di-Pertuan Agong and Timbalan
Yang di-Pertuan Agong
 Fourth Schedule [Article 37] – Oaths of Office of Yang di-Pertuan Agong and Timbalan
Yang di-Pertuan Agong
 Fifth Schedule [Article 38(1)] – The Conference of Rulers
 Sixth Schedule [Articles 43(6), 43B(4), 57(1A)(a), 59(1), 124, 142(6)] – Forms of Oaths
and Affirmations
 Seventh Schedule [Article 45] – Election of Senators
 Eighth Schedule [Article 71] – Provisions to be inserted in State Constitutions
 Ninth Schedule [Articles 74, 77] – Legislative Lists
 Tenth Schedule [Articles 109, 112C, 161C(3)*] – Grants and Sources of Revenue
assigned to States
 Eleventh Schedule [Article 160(1)] – Provisions of the Interpretation and General
Clauses Ordinance 1948 (Malayan Union Ordinance No. 7 of 1948), Applied for
Interpretation of the Constitution
 Twelfth Schedule – Provisions of the Federation of Malaya Agreement, 1948 as Applied
to the Legislative Council after Merdeka Day (Repealed)
 Thirteenth Schedule [Articles 113, 116, 117] – Provisions relating to delimitation of
Constituencies
*NOTE—This Article was repealed by Act A354, section 46, in force from 27-08-1976—see
section 46 of Act A354.

Fundamental Liberties[edit]
Fundamental liberties in Malaysia are set out in Articles 5 to 13 of the Constitution, under the
following headings: liberty of the person, prohibition of slavery and forced labour, protection
against retrospective criminal laws and repeated trials, equality, prohibition of banishment and
freedom of movement, freedom of speech, assembly and association, freedom of religion, rights
in respect of education and rights to property. Some of these liberties and rights are subject to
limitations and exceptions and some are available to citizens only (for example, the freedom of
speech, assembly and association).
Article 5 – Right to Life and Liberty[edit]
Article 5 enshrines a number of basic fundamental human rights:

1. no person may be deprived of life or personal liberty except in accordance with law.
2. a person who is unlawfully detained may be released by the High Court (right of habeas
corpus).
3. a person has the right to be informed of the reasons of his arrest and to be legally
represented by a lawyer of his choice.
4. a person may not be arrested for more than 24 hours without a magistrate's permission.
Article 6 – No Slavery[edit]
Article 6 provides that no person may be held in slavery. All forms of forced labour are prohibited,
but federal law, such as the National Service Act 1952, 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 labour.
Article 7 – No Retrospective Criminal Laws or Increases in Punishment and
no Repetition of Criminal Trials[edit]
In the area of criminal laws and procedure, this Article provides the following protections:
• -No person shall be punished for an act or omission which was not punishable by law when it
was done or made.
• No person 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.
Article 8 – Equality[edit]
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 authorised 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 exceptions expressly allowed under the Constitution includes the affirmative actions taken to
protect the special position for the Malays of Peninsular Malaysia and the indigenous people
of Sabah and Sarawak under Article 153.
Article 9 – Prohibition of Banishment and Freedom of Movement [edit]
This Article protects Malaysian citizens against being banished from the country. It further
provides that every citizen has the right to move freely throughout the Federation but Parliament
is allowed to impose restrictions on the movement of citizens from Peninsular Malaysia to Sabah
and Sarawak.
Article 10 – Freedom of Speech, Assembly and Association [edit]
Main article: Article 10 of the Constitution of Malaysia
See also: 13 May Incident and Operation Lalang
Article 10(1) grants freedom of speech, the right to assemble peaceably and the right to form
associations to every Malaysian citizen but such freedom and rights are not absolute: the
Constitution itself, by Article 10 (2), (3) and (4), expressly permits Parliament by law to impose
restrictions in the interest of the security of the Federation, friendly relations with other countries,
public order, morality, to protect the privileges of Parliament, to provide against contempt of
court, defamation, or incitement to any offence.
Article 10 is a key provision of Part II of the Constitution, and has been regarded as "of
paramount importance" by the judicial community in Malaysia. However, it has been argued that
the rights of Part II, in particular Article 10, "have been so heavily qualified by other parts of the
Constitution, for example, Part XI in relation to special and emergency powers, and the
permanent state of emergency that has existed since 1969, that much of [the Constitution's] high
principles are lost."[10]
Article 10 (4) states that Parliament may pass law prohibiting the questioning of any matter, right,
status, position, privilege, sovereignty or prerogative established or protected by the provisions of
Part III, Article 152, 153 or 181 of the Constitution.
Several acts of law regulate the freedoms granted by Article 10, such as the Official Secrets Act,
which makes it a crime to disseminate information classified as an official secret.
Laws on freedom of assembly[edit]
Under the Public Order (Preservation) Act 1958, the relevant Minister may temporarily declare
any area where public order is seriously disturbed or seriously threatened to be a "proclaimed
area" for a period of up to one month. The Police has extensive powers under the Act to maintain
public order in proclaimed areas. These include the power to close roads, erect barriers, impose
curfews, and to prohibit or regulate processions, meetings or assemblies of five persons or more.
General offences under the Act are punishable by imprisonment for a term not exceeding six
months; but for more serious offences the maximum prison sentence is higher (e.g. 10 years for
using offensive weapons or explosives) and sentences may include whipping. [11]
Another law which previously curtailed the freedoms of Article 10 is the Police Act 1967, which
criminalised the gathering of three or more people in a public place without a licence. However
the relevant sections of the Police Act dealing with such gatherings have been repealed by
the Police (Amendment) Act 2012, which came into operation on 23 April 2012. The Peaceful
Assembly Act 2012, which came into operation on the same day, replaced the Police Act as the
principal legislation dealing with public gatherings. [12]

Diagram comparing assembly and street protests under the Act

Peaceful Assembly Act 2012

The Peaceful Assembly Act gives citizens the right to organise and participate in peaceful
assemblies subject to the restrictions under the Act. Under the law, citizens are allowed to hold
assemblies, which includes processions (see the definition of "assembly" and "place of
assembly" in section 3 of the Act), upon giving 10 days notice to the police (section 9(1) of the
Act). However no notification is required for certain types of assemblies, such as wedding
receptions, funeral processions, open houses during festivals, family gatherings, religious
assemblies and assemblies at designated places of assembly (see section 9(2) and the Third
Schedule of the Act). However, street protests, which consist of "mass" marches or rallies, are
not permitted (See section 4(1)(c) of the Act).
The following are comments from the Malaysian Bar Council on the Peaceful Assembly Act:
PA2011 appears to allow the police to decide what is a "street protest" and what is a
"procession".If the police say that an assembly being organised by Group A to gather at one
place and move to another is a "street protest", it will be banned. If the police say that an
assembly being organised by Group B to gather at one place and move to another is a
"procession", it will not be banned and the police will allow Group B to proceed. FAQs on
Peaceful Assembly Bill 2011.　
Civil society and The Malaysian Bar "opposes the Peaceful Assembly Bill 2011 (“PA 2011”) on
the grounds that it imposes unreasonable and disproportionate fetters on the freedom of
assembly that is guaranteed under the Federal Constitution."Open letter from Lim Chee Wee,
President of Malaysian Bar
Laws on freedom of speech[edit]
The Printing Presses and Publications Act 1984 gives the Home Affairs Minister the discretion to
grant, suspend and revoke newspaper publishing permits. Up until July 2012, the Minister could
exercise "absolute discretion" on such matters but this absolute discretionary power was
expressly removed by the Printing Presses and Publications (Amendment) Act 2012. The Act
also makes it a criminal offence to possess a printing press without a licence.[13]
The Sedition Act 1948 makes it an offence to engage in acts with a "seditious tendency",
including but not limited to the spoken word and publications. The meaning of "seditious
tendency" is defined in section 3 of the Sedition Act 1948 and in substance it is similar to the
English common law definition of sedition, with modifications to suit local circumstances.
[14]
 Conviction may result in a sentence of a fine up to RM5,000, three years in jail, or both.
The Sedition Act in particular has been widely commented upon by jurists for the bounds it
places on freedom of speech. Justice Raja Azlan Shah (later the Yang di-Pertuan Agong) once
said:
The right to free speech ceases at the point where it comes within the mischief of the Sedition
Act.[15]
Suffian LP in the case of PP v Mark Koding [1983] 1 MLJ 111 said, in relation to the amendments
to Sedition Act in 1970, after 13 May 1969 riots, which added citizenship, language, special
position of bumiputras and sovereignty of rulers to the list of seditious matters:
Malaysians with short memories and people living in mature and homogeneous democracies
may wonder why in a democracy discussion of any issue and in Parliament of all places should
be suppressed. Surely it might be said that it is better that grievances and problems about
language, etc. should be openly debated, rather than be swept under the carpet and allowed to
fester. But Malaysians who remember what happened during 13 May 1969, and subsequent
days are sadly aware that racial feelings are only too easily stirred up by constant harping on
sensitive issues like language and it is to minimise racial explosions that the amendments were
made [to the Sedition Act].

Freedom of association[edit]
Article 10(c)(1) guarantees the freedom of association subject only to restrictions imposed
through any federal law on the grounds of national security, public order or morality or through
any law relating to labour or education (Article 10(2)(c) and (3)). In relation to the freedom of
incumbent elected legislators to change their political parties, the Supreme Court of Malaysia in
the Kelantan State Legislative Assembly v Nordin Salleh held that an "anti party-hopping"
provision in the Kelantan State Constitution violates the right to freedom of association. That
provision stipulated that a member of the Kelantan legislative assembly who is a member of any
political party shall cease to be a member of the legislative assembly if he or she resigns or is
expelled from such political party. The Supreme Court held that the Kelantan anti party-hopping
provision was void because the "direct and inevitable consequence" of the provision is to restrict
the right of members of the assembly from exercising their right to freedom of association.
Furthermore, the Malaysian Federal 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 one of them.
Article 11 – Freedom of religion[edit]
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
Territories, federal law may control or restrict the propagation of any religious doctrine or belief
among Muslims. There is, however, freedom to carry on missionary work among non-Muslims.
Article 12 – Rights in respect of education [edit]
In respect of education, Article 12 provides that there shall be no discrimination against any
citizen on the grounds only of religion, race, descent or place of birth (i) in the administration of
any educational institution maintained by a public authority, and, in particular, the admission of
pupils or students or the payment of fees and (ii) in providing out of the funds of a public authority
financial aid for the maintenance or education of pupils or students in any educational institution
(whether or not maintained by a public authority and whether within or outside Malaysia). Note
however that notwithstanding this Article, the Government is required, under Article 153, to
implement affirmative action programs such as the reservation of places in tertiary educational
institutions for the benefit of Malays and natives of Sabah and Sarawak.
In respect of religion, Article 12 provides that (i) every religious group has the right to establish
and maintain institutions for the education of children in its own religion, and (ii) no person 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 that for this purpose the religion of a person under the age of eighteen
years shall be decided by his parent or guardian.
Article 13 – Rights to property[edit]
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.

Federal and state relationship[edit]

Article 71 – State sovereignty and state constitutions [edit]
The Federation is required to guarantee the sovereignty of the Malay Sultans in their respective
States. Each State, irrespective of whether it has a Sultan as its Ruler, has its own State
constitution but for uniformity, all State constitutions must have a standard set of essential
provisions (See Art. 71 and the 8th Schedule of the Federal Constitution.) These provide for:

 The establishment of a State Legislative Assembly, consisting of the ruler and

democratically elected members, which sits for a maximum of five years.
 The appointment of an executive branch, called the Executive Council, by the Ruler from
the members of the Assembly. The Ruler appoints as the head of the Executive Council
(the Menteri Besar or Chief Minister) a person whom he believes is likely to command the
confidence of the majority of the Assembly. The other members of the Executive Council are
appointed by the Ruler on the advice of the Menteri Besar.
 The creation of a state level constitutional monarchy, as the ruler is a required to act on
the advice of the Executive Council on almost all matters under the State constitution and
law
 The holding of a state general election upon the dissolution of the assembly.
 The requirements for amending state constitutions – two-thirds absolute majority of the
members of the Assembly is required.
The Federal Parliament has the power to amend state constitutions if they do not contain the
essential provisions or have provisions that are inconsistent with them. (Art. 71(4))
Articles 73 – 79 legislative powers[edit]

Diagram of Federal and State Legislative Powers

Federal, state and concurrent legislative lists [edit]

For a more comprehensive list, see Constitution of Malaysia § Ninth Schedule
Parliament has the exclusive power to make laws over matters falling under the Federal List
(such as citizenship, defence, internal security, civil and criminal law, finance, trade,
commerce and industry, education, labour, and tourism) whereas each State, through its
Legislative Assembly, has legislative power over matters under the State List (such as land,
local government, Syariah law and Syariah courts, State holidays and State public works).
Parliament and State legislatures share the power to make laws over matters under the
Concurrent List (such as water supplies and housing) but Article 75 provides that in the event
of conflict, Federal law will prevail over State law.
These lists are set out in Schedule 9 of the Constitution, where:

 the Federal List is set out in List I,

 the State List in List II, and
 the Concurrent List in List III.
There are supplements to the State List (List IIA) and the Concurrent List (List IIIA) that apply
only to Sabah and Sarawak. These give the two states legislative powers over matters such
as native law and customs, ports and harbours (other than those declared to be federal),
hydro electricity and personal law relating to marriage, divorce, family law, gifts and
intestacy.
Residual Power of States: The States have the residual power to make laws on any matter
not listed in any of the three lists (Article 77).
Power of Parliament to make laws for States: Parliament is allowed to make laws on
matters falling under the State List in certain limited cases, such as for the purposes of
implementing an international treaty entered into by Malaysia or for the creation of uniform
State laws. However, before any such law can be effective in a State, it must be ratified by
law by its State Legislature. The only except is where the law passed by Parliament relates
to land law (such as the registration of land titles and compulsory acquisition of land) and
local government (Article 76).
State Islamic laws and Syariah courts[edit]

State Syariah Courts' jurisdiction for Islamic offences

States have legislative power over Islamic matters listed in item 1 of the State List which
amongst other things includes the power to:

 make Islamic laws and personal and family law of Muslims.

 create and punish offences against precepts of Islam ("Islamic offences") which are
committed by Muslims, except in regard to criminal law and other matters which fall
under the Federal list.
 create Syariah courts with jurisdiction over:

1. Muslims only,
2. matters falling under Item 1 of the State List, and
3. Islamic offences only if authority has been given by Federal law – and under the
Syariah Courts (Criminal Jurisdiction) Act 1963, which is a Federal law, Syariah
Courts were given the jurisdiction to try Islamic offences, but not if the offence is
punishable by: (a) imprisonment of more than 3 years, (b) a fine exceeding RM5,000
or (c) whipping in excess of six lashes, or any combination thereof. [16]
Other articles[edit]
Article 3 – Islam[edit]
Article 3 declares that Islam is the religion of the Federation but it then goes on to say that
this does not affect the other provisions of the Constitution (Article 4(3)). Therefore, the fact
that Islam is the religion of Malaysia does not by itself import Islamic principles into the
Constitution but it does contain a number of specific Islamic features:

1. States may create their own laws to govern Muslims in respect of Islamic law and
personal and family law matter.
2. States may create Syariah courts to adjudicate over Muslims in respect of State
Islamic laws.
3. States may also create laws in relation to offences against percepts of Islam but this
is subject to a number of limitations: (i) such laws may only apply to Muslims, (ii)
such laws may not create criminal offences as only Parliament has the power to
create criminal laws and (iii) the State Syariah Courts have no jurisdiction over
Islamic offences unless allowed by federal law (see the above section).
Article 32 – The Head of State[edit]

The Malaysian Head of State, the Yang di-Pertuan Agong, is a constitutional monarch

Article 32 of the Constitution of Malaysia provides for a Supreme Head of the Federation or
King of the Federation, to be called the Yang di-Pertuan Agong, who shall not be liable to
any civil or criminal proceedings except in the Special Court. The Consort of the Yang di-
Pertuan Agong is the Raja Permaisuri Agong.
The Yang di-Pertuan Agong is elected by the Conference of Rulers for a term of five years,
but may at any time resign or be removed from office by the Conference of Rulers, and shall
cease to hold office on ceasing to be a Ruler.
Article 33 provides for a Deputy Supreme Head of State or Deputy King, the Timbalan Yang
di-Pertuan Agong, who acts as the Head of State when the Yang di-Pertuan Agong is
expected to be unable to do so, owing to illness or absence from the country, for at least 15
days. The Timbalan Yang di-Pertuan Agong is also elected by the Conference of Rulers for a
term of five-years or if elected during the reign of a Yang di-Pertuan Agong, until the end of
his reign.
Articles 39 and 40 – The executive[edit]
Legally, executive power is vested in the Yang di-Pertuan Agong. Such power may be
exercised by him personally only in accordance with Cabinet advice (except where the
Constitution allows him to act in his own discretion)(Art. 40), the Cabinet, any minister
authorised by the Cabinet, or any person authorised by federal law.
Article 40(2) allows the Yang di-Pertuan Agong to act in his own discretion in relation to the
following functions: (a) the appointment of the Prime Minister, (b) the withholding of consent
to a request to dissolve Parliament, and (c) the requisition of a meeting of the Conference of
Rulers concerned solely with the privileges, position, honours and dignities of the Rulers.
Article 43 – Appointment of the Prime Minister and the cabinet [edit]
The Yang di-Pertuan Agong is required to appoint a Cabinet to advise him in the exercise of
his executive functions. He appoints the Cabinet in the following manner:

 acting in his discretion (see Art. 40(2)(a)), he first appoints as Prime Minister a member
of the Dewan Rakyat who in his judgment is likely to command the confidence of the
majority of the Dewan. There is no Constitutional requirement that the Prime Minister
must be of any particular race or religion;[17] and
 on the advice of the Prime Minister, the Yang di-Pertuan Agong appoints other Ministers
from among the members of either House of Parliament.
Article 43(4) – Cabinet and the loss of majority in the Dewan Rakyat [edit]
Article 43(4) stipulates that 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 dissolves Parliament (and the Yang di-Pertuan Agong may act in his
absolute discretion (Art. 40(2)(b)) the PM and his Cabinet must resign.
Under Article 71 and the 8th Schedule, all State Constitutions are required to have a
provision similar to the above in relation to their respective Menteri Besar (Chief Minister)
and Executive Council (Exco).
The Perak Menteri Besar case[edit]
 Diagram of the Perak Menteri Besar Case

In 2010, the Federal Court had occasion to consider the application of this provision in the
Perak State Constitution when the ruling coalition of the state (Pakatan Rakyat) lost the
majority of the Perak Legislative Assembly due to floor crossings by several of their
members to the opposition coalition (Barisan Nasional). Controversy arose in that incident
because the then incumbent Menteri Besar was replaced by the Sultan with a member from
Barisan Nasional without there having been a vote of no-confidence on the floor of the State
Assembly against the then incumbent Menteri Besar, after he had unsuccessfully sought for
the dissolution of the State Assembly. As noted above, the Sultan has complete discretion to
decide whether or not to consent to the request to dissolve the assembly.
The Court held that (i) as the Perak State Constitution does not stipulate that the loss of
confidence in a Menteri Besar can only be established through a vote in the assembly, then
following the Privy Council's decision in Adegbenro v Akintola [1963] AC 614 and the High
Court's decision in Dato Amir Kahar v Tun Mohd Said Keruak [1995] 1 CLJ 184, evidence of
loss of confidence may be gathered from other sources and (ii) it is mandatory for a Menteri
Besar 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, he is deemed to have resigned.
Article 121 – The judiciary[edit]
Further information: Status of religious freedom in Malaysia
 Diagram of Malaysian Civil and Syariah courts

The judicial power of Malaysia vests in the High Court of Malaya and the High Court of
Sabah and Sarawak, the Court of Appeal and the Federal Court.
The two High Courts have juridisction over civil and criminal matters but have no jurisdiction
"in respect of any matter within the jurisdiction of the Syariah courts." This exclusion of
jurisdiction over Syariah matters is stipulated in Clause 1A of Article 121, which was added
to the Constitution by Act A704, in force from 10 June 1988.
The Court of Appeal (Mahkamah Rayuan) has jurisdiction to hear appeals from decisions of
the High Court and other matters as may be prescribed by law. (See Clause 1B of Article
121)
The highest court in Malaysia is the Federal Court (Mahkamah Persekutuan), which has
jurisdiction to hear appeals from the Court of Appeal, the high courts, original or consultative
jurisdictions under Articles 128 and 130 and such other jurisdiction as may be prescribed by
law.
Separation of Powers
In July 2007, the Court of Appeal held that the doctrine of separation of powers was an
integral part of the Constitution; under the Westminster System Malaysia inherited from the
British, separation of powers was originally only loosely provided for. [18] This decision was
however overturned by the Federal Court, which held that the doctrine of separation of
powers is a political doctrine, coined by the French political thinker Baron de Montesquieu,
under which the legislative, executive and judicial branches of the government are kept
entirely separate and distinct and that the Federal Constitution does have some features of
this doctrine but not always (for example, Malaysian Ministers are both executives and
legislators, which is inconsistent with the doctrine of separation of powers). [19]
Article 149 – Special Laws against subversion and acts prejudicial to
public order, such as terrorism[edit]
Article 149 gives power to the Parliament to pass special laws to stop or prevent any actual
or threatened action by a large body of persons which Parliament believes to be prejudicial
to public order, promoting hostility between races, causing disaffection against the State,
causing citizens to fear organised violence against them or property, or prejudicial to the
functioning of any public service or supply. Such laws do not have to be consistent with the
fundamental liberties under Articles 5 (Right to Life and Personal Liberty), 9 (No Banishment
from Malaysia and Freedom of movement within Malaysia), 10 (Freedom of Speech,
Assembly and Association) or 13 (Rights to Property). [20]
The laws passed under this article include the Internal Security Act 1960 (ISA) (which was
repealed in 2012) and the Dangerous Drugs (Special Preventive Measures) Act 1985. Such
Acts remain constitutional even if they provide for detention without trial. Some critics say
that the repealed ISA had been used to detain people critical of the government. Its
replacement the Security Offences (Special Measures) Act 2012 no longer allows for
detention without trial but provides the police, in relation to security offences, with a number
of special investigative and other powers such as the power to arrest suspects for an
extended period of 28 days (section 4 of the Act), intercept communications (section 6), and
monitor suspects using electronic monitoring devices (section 7).
Restrictions on preventive detention (Art. 151): Persons detained under preventive
detention legislation have the following rights:
Grounds of Detention and Representations: The relevant authorities are required, as soon as
possible, to tell the detainee 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 are not against
national security. The detainee has the right to make representations against the detention.
Advisory Board: If a representation is made by the detainee (and the detainee is a citizen), it
will be considered by an Advisory Board which will then make recommendations to the Yang
di-Pertuan Agong. This process must usually be completed within 3 months of the
representations being received, but may be extended. The Advisory Board is appointed by
the Yang di-Pertuan Agong. 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.
Article 150 – Emergency Powers[edit]
This article permits the Yang di-Pertuan Agong, acting on Cabinet advice, to issue a
Proclamation of Emergency and to govern by issuing ordinances that are not subject to
judicial review if the Yang di-Pertuan Agong is satisfied that a grave emergency exists
whereby the security, or the economic life, or public order in the Federation or any part
thereof is threatened.
Emergency ordinances have the same force as an Act of Parliament and they remain
effective until they are revoked by the Yang di-Pertuan Agong or annulled by Parliament (Art.
150(2C)) and (3)). Such ordinances and emergency related Acts of Parliament are valid even
if they are inconsistent with the Constitution except those constitutional provisions which
relate to matters of Islamic law or custom of the Malays, native law or customs of Sabah and
Sarawak, citizenship, religion or language. (Article 150(6) and (6A)).
Since Merdeka, four emergencies have been proclaimed, in 1964 (a nationwide emergency
due to the Indonesia-Malaysia confrontation), 1966 (Sarawak only, due to the Stephen
Kalong Ningkan political crisis), 1969 (nationwide emergency due to the 13 May riots) and
1977 (Kelantan only, due to a state political crisis).[21]
All four Emergencies have now been revoked: the 1964 nationwide emergency was in effect
revoked by the Privy Council when it held that the 1969 nationwide emergency proclamation
had by implication revoked the 1964 emergency (see Teh Cheng Poh v P.P.) and the other
three were revoked under Art. 150(3) of the Constitution by resolutions of the Dewan Rakyat
and the Dewan Negara, in 2011. [22]
Article 152 – National Language and Other Languages[edit]
 Diagram of national and other languages

Article 152 states that the national language is the Malay language. In relation to other
languages, the Constitution provides that:
(a) everyone is free to teach, learn or use any other languages, except for official
purposes. Official purposes here means any purpose of the Government, whether Federal or
State, and includes any purpose of a public authority.
(b) the Federal and State Governments are free to preserve or sustain the use and study of
the language of any other community.
Article 152(2) created a transition period for the continued use of English for legislative
proceedings and all other official purposes. For the States in Peninsular Malaysia, the period
was ten years from Merdeka Day and thereafter until Parliament provided otherwise.
Parliament subsequently enacted the National Language Acts 1963/67 which provided that
the Malay language shall be used for all official purposes. The Acts specifically provide that
all court proceedings and parliamentary and state assembly proceedings are to be
conducted in Malay, but exceptions may be granted by the judge of the court, or the Speaker
or President of the legislative assembly.
The Acts also provide that the official script for the Malay language is the Latin
alphabet or Rumi; however, use of Jawi is not prohibited.
Article 153 – Special Position of Bumiputras and Legitimate Interests of
Other Communities[edit]
Main article: Article 153 of the Constitution of Malaysia
 Article 153 Special Position of Bumiputra

Article 153 Legitimate Interests of Other Communities

Article 153 stipulates that the Yang di-Pertuan Agong, acting on Cabinet advice, has the
responsibility for safeguarding the special position of the Malays and the indigenous
peoples of the Sabah and Sarawak, and the legitimate interests of all the other communities.
Originally there was no reference made in the Article to the indigenous peoples of Sabah and
Sarawak, such as the Dusuns, Dayaks and Muruts, but with the union of Malaya with
Singapore, Sabah and Sarawak in 1963, the Constitution was amended so as to provide
similar privileges to them. The term Bumiputra is commonly used to refer collectively to the
Malays and the indigenous peoples of Sabah and Sarawak, but it is not defined in the
Constitution.
Article 153 in detail
Special position of bumiputras: In relation to the special position of bumiputras, Article 153
requires the King, acting on Cabinet advice, to exercise his functions under the Constitution
and federal law:
(a) generally, in such manner as may be necessary to safeguard the special position of the
Bumiputras[23] and
(b) specifically, to reserve quotas for Bumiputras in the following areas:

1. positions in the federal civil service.

2. scholarships, exhibitions, and educational, training or special facilities.
3. permits or licenses for any trade or business which is regulated by federal law (and
the law itself may provide for such quotas).
4. places in institutions of post secondary school learning such as universities, colleges
and polytechnics.
Legitimate interests of other communities: Article 153 protects the legitimate interests of
other communities in the following ways:

1. citizenship to the Federation of Malaysia - originally was opposed by the Bumiputras

during the formation of the Malayan Union and finally agreed upon due to pressure
by the British
2. civil servants must be treated impartially regardless of race – Clause 5 of Article 153
specifically reaffirms Article 136 of the Constitution which states: All persons of
whatever race in the same grade in the service of the Federation shall, subject to
the terms and conditions of their employment, be treated impartially.
3. Parliament may not restrict any business or trade solely for Bumiputras.
4. the exercise of the powers under Article 153 cannot deprive any person of any public
office already held by him.
5. the exercise of the powers under Article 153 cannot deprive any person of any
scholarship, exhibition or other educational or training privileges or special facilities
already enjoyed by him.
6. while laws may reserve quotas for licences and permits for Bumiputras, they may
not deprive any person of any right, privilege, permit or licence already enjoyed or
held by him or authorise a refusal to renew such person's license or permit.
Article 153 may not be amended without the consent of the Conference of Rulers (See
clause 5 of Article 159 (Amendment of the Constitution)). State Constitutions may include an
equivalent of Article 153 (See clause 10 of Article 153).
The Reid Commission suggested that these provisions would be temporary in nature and be
revisited in 15 years, and that a report should be presented to the appropriate legislature
(currently the Parliament of Malaysia) and that the "legislature should then determine either
to retain or to reduce any quota or to discontinue it entirely."
New Economic Policy (NEP): Under Article 153, and due to 13 May 1969 riots, the New
Economic Policy was introduced. The NEP aimed to eradicate poverty irrespective of race by
expanding the economic pie so that the Chinese share of the economy would not be reduced
in absolute terms but only relatively. The aim was for the Malays to have a 30% equity share
of the economy, as opposed to the 4% they held in 1970. Foreigners and Malaysians of
Chinese descent held much of the rest.[24]
The NEP appeared to be derived from Article 153 and could be viewed as being in line with
its general wording. Although Article 153 would have been up for review in 1972, fifteen
years after Malaysia's independence in 1957, due to the May 13 Incident it remained
unreviewed. A new expiration date of 1991 for the NEP was set, twenty years after its
implementation.[25] However, the NEP was said to have failed to have met its targets and was
continued under a new policy called the National Development Policy.
Article 160 – Constitutional definition of Malay [edit]
Main article: Article 160 of the Constitution of Malaysia

Diagram of the definition of Malay under the Constitution

Article 160(2) of the Constitution of Malaysia defines various terms used in the Constitution,
including "Malay," which is used in Article 153. "Malay" means a person who satisfies two
sets of criteria:
First, the person must be one who professes to be a Muslim, habitually speaks the Malay
language, and adheres to Malay customs.
Second, the person must have been:
(i) (a) domiciled in the Federation or Singapore on Merdeka Day, (b) born in the Federation
or Singapore before Merdeka Day, or (c) born before Merdeka Day of parents one of whom
was born in the Federation or Singapore, (collectively, the "Merdeka Day population") or
(ii) is a descendent of a member of the Merdeka Day population.
As being a Muslim is one of the components of the definition, Malay citizens who convert out
of Islam are no longer considered Malay under the Constitution. Hence,
the Bumiputra privileges afforded to Malays under Article 153 of the Constitution of Malaysia,
the New Economic Policy(NEP), etc. are forfeit for such converts. Likewise, a non-Malay
Malaysian who converts to Islamcan lay claim to Bumiputra privileges, provided he meets the
other conditions. A higher education textbook conforming to the government Malaysian
studies syllabus states: "This explains the fact that when a non-Malay embraces Islam, he is
said to masuk Melayu (become a Malay). That person is automatically assumed to be fluent
in the Malay language and to be living like a Malay as a result of his close association with
the Malays."
Due to the requirement to have family roots in the Federation or Singapore, a person of
Malay extract who has migrated to Malaysia after Merdeka day from another country (with
the exception of Singapore), and their descendants, will not be regarded as a Malay under
the Constitution as such a person and their descendants would not normally fall under or be
descended from the Merdeka Day Population.
Sarawak: It is interesting to note that Malays from Sarawak are defined in the Constitution as
part of the indigenous people of Sarawak (see the definition of the word "native" in clause 7
of Article 161A), separate from Malays of the Peninsular. Sabah: There is no equivalent
definition for natives of Sabah which for the purposes of the Constitution are "a race
indigenous to Sabah" (see clause 6 of Article 161A).
Article 181 – Sovereignty of the Malay Rulers [edit]
Article 181 guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler
within their respective states. They also cannot be charged in a court of law in their official
capacities as a Ruler.
The Malay Rulers can be charged on any personal wrongdoing, outside of their role and
duties as a Ruler. However, the charges cannot be carried out in a normal court of law, but in
a Special Court established under Article 182.
Special Court for Proceedings against the Yang di-Pertuan Agong and the Rulers
The Special Court is the only place where both civil and criminal cases against the Yang di-
Pertuan Agong and the Ruler of a State in his personal capacity may be heard. Such cases
can only proceed with the consent of the Attorney General. The five members of the Special
Court are (a) the Chief Justice of the Federal Court (who is the Chairperson), (b) the two
Chief Judges of the High Courts, and (c) two current or former judges to be appointed by the
Conference of Rulers.

Parliament[edit]
Malaysia's Parliament is a bicameral legislature constituted by the House of Representatives
(Dewan Rakyat), the Senate (Dewan Negara) and the Yang di-Pertuan Agong (Art. 44).
The Dewan Rakyat is made up of 222 elected members (Art. 46). Each appointment will last
until Parliament is dissolved for general elections. There are no limits on the number of times
a person can be elected to the Dewan Rakyat.
 Timeline of the cycle of a Malaysian Parliament

The Dewan Negara is made up of 70 appointed members. 44 are appointed by the Yang di-
Pertuan Agong, on Cabinet advice, and the remainder are appointed by State Legislatures,
which are each allowed to appoint 2 senators. Each appointment is for a fixed 3-year term
which is not affected by a dissolution of Parliament. A person cannot be appointed as a
senator for more than two terms (whether consecutive or not) and cannot simultaneously be
a member of the Dewan Rakyat (and vice versa) (Art. 45).
All citizens meeting the minimum age requirement (21 for Dewan Rakyat and 30 for Dewan
Negara) are qualified to be MPs or Senators (art. 47), unless disqualified under Article 48
(more below)
Parliamentary Cycle and General Elections[edit]
A new Parliament is convened after each general election (Art. 55(4)). The newly convened
Parliament continues for five years from the date of its first meeting, unless it is sooner
dissolved (Art. 55(3)). The Yang di-Pertuan Agong has the power to dissolve Parliament
before the end of its five-year term (Art. 55(2)).
Once a standing Parliament is dissolved, a general election must be held within 60 days, and
the next Parliament must have its first sitting within 120 days, from the date of dissolution
(Art. 55(3) and (4)).
The 12th Parliament held its first meeting on 28 April 2008 [26] and will be dissolved five years
later, in April 2013, if it is not sooner dissolved.
Legislative power of Parliament and Legislative Process [edit]

Diagram of Legislative Process

For a more comprehensive list, see List of Acts of Parliament in Malaysia.

Parliament has the exclusive power to make federal laws over matters falling under the
Federal List and the power, which is shared with the State Legislatures, to make laws on
matters in the Concurrent List (see the 9th Schedule of the Constitution).
With some exceptions, a law is made when a bill is passed by both houses and has received
royal assent from the Yang di-Pertuan Agong, which is deemed given if the bill is not
assented to within 30 days of presentation. The Dewan Rakyat's passage of a bill is not
required if it is a money bill (which includes taxation bills). For all other bills passed by the
Dewan Rakyat which are not Constitutional amendment bills, the Dewan Rakyat has the
power to veto any amendments to bills made by the Dewan Negara and to override any
defeat of such bills by the Dewan Negara.
The process requires that the Dewan Rakyat pass the bill a second time in the following
Parliamentary session and, after it has been sent to Dewan Negara for a second time and
failed to be passed by the Dewan Negara or passed with amendments that the Dewan
Rakyat does not agree, the bill will nevertheless be sent for Royal assent (Art. 66–68), only
with such amendments made by the Dewan Negara, if any, which the Dewan Rakyat agrees.
Qualifications for and Disqualification from Parliament [edit]
For a more comprehensive list, see List of members of the Dewan Rakyat and List of
members of the Dewan Negara.
Article 47 states that every citizen who is 21 or older is qualified to be a member of the
Dewan Rakyat and every citizen over 30 is qualified to be a senator in the Dewan Negara,
unless in either case he or she is disqualified under one of the grounds set out in Article 48.
These include unsoundness of mind, bankruptcy, acquisition of foreign citizenship or
conviction for an offence and sentenced to imprisonment for a term of not less than one year
or to a "fine of not less than two thousand ringgit".

Citizenship[edit]
Main article: Malaysian nationality law

Diagram of the requirements for Malaysian citizenship by naturalisation

Malaysian citizenship may be acquired in one of four ways:

1. by operation of law,
2. by registration,
3. by naturalisation and
 4. by incorporation of territory (See Articles 14 – 28A and the Second Schedule).
The requirements for citizenship by naturalisation, which would be relevant to foreigners who
wish to become Malaysian citizens, stipulate that an applicant must be at least 21 years old,
intend to reside permanently in Malaysia, have good character, have an adequate
knowledge of the Malay language, and meet a minimum period of residence in Malaysia: he
or she must have been resident in Malaysia for at least 10 years out of the 12 years, as well
as the immediate 12 months, before the date of the citizenship application (Art. 19). The
Malaysian Government retains the discretion to decide whether or not to approve any such
applications.

Election Commission[edit]

Diagram of the Malaysian Election Commission's composition, functions and independent features
 Diagram showing the time table for review of federal and state constituencies by the Election
Commission of Malaysia

The Constitution establishes an Election Commission (EC) which has the duty of preparing
and revising the electoral rolls and conducting the Dewan Rakyat and State Legislative
Council elections...
Appointment of EC Members
All 7 members of the EC are appointed by the Yang di-Pertuan Agong (acting on the advice
of the Cabinet), after consulting the Conference of Rulers.
Steps to enhance the EC's Independence
To enhance the independence of the EC, the Constitution provides that:
(i) The Yang di-Pertuan Agong shall have regard to the importance of securing an EC that
enjoys public confidence when he appoints members of the commission (Art. 114(2)),
(ii) the members of the EC cannot be removed from office except on the grounds and in the
same manner as those for removing a Federal Court judge (Art. 114(3)) and
(iii) the remuneration and other terms of office of a member of the EC cannot be altered to
his or her disadvantage (Art. 114(6)).
Review of Constituencies
The EC is also required to review the division of Federal and State constituencies and
recommend changes in order that the constituencies comply with the provisions of the 13th
Schedule on the delimitation of constituencies (Art. 113(2)).
Timetable for review of Constituencies
The EC can itself determine when such reviews are to be conducted but there must be an
interval of at least 8 years between reviews but there is no maximum period between reviews
(see Art. 113(2)(ii), which states that "There shall be an interval of not less than eight years
between the date of completion of one review, and the date of commencement of the next
review, under this Clause.")
Constitutional Amendments[edit]
For a more comprehensive list, see List of amendments to the Constitution of Malaysia.

Diagram of Constitutional Amendments

The Constitution itself provides by Articles 159 and 161E how it may be amended (it may be
amended by federal law), and in brief there are four ways by which it may be amended:
1. Some provisions may be amended only by a two-thirds absolute majority [27] 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
2. Some provisions of special interest to East Malaysia, may be amended by a two-thirds
absolute 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
3. Subject to the exception described in item four below, all other provisions may be
amended by a two-thirds absolute majority in each House of Parliament, and these
amendments do not require the consent of anybody outside Parliament [28]
4. Certain types of consequential amendments and amendments to three schedules may be
made by a simple majority in Parliament.[29]
Two-thirds absolute Majority Requirement[edit]
Where a two-thirds absolute majority is required, this means that the relevant Constitutional
amendment bill must be passed in each House of Parliament "by the votes of not less than
two-thirds of the total number of members of" that House (Art. 159(3)). Thus, for the Dewan
Rakyat, the minimum number of votes required is 148, being two-thirds of its 222 members.
Effect of MP suspensions on the two-thirds majority requirement

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In December 2010, a number of MPs from the opposition were temporarily suspended from
attending the proceedings of the Dewan Rakyat and this led to some discussions as to
whether their suspension meant that the number of votes required for the two-thirds majority
was reduced to the effect that the ruling party regained the majority to amend the
Constitution. From a reading of the relevant Article (Art. 148), it would appear that the
temporary suspension of some members of the Dewan Rakyat from attending its
proceedings does not lower the number of votes required for amending the Constitution as
the suspended members are still members of the Dewan Rakyat: as the total number of
members of the Dewan Rakyat remains the same even if some of its members may be
temporarily prohibited to attending its proceedings, the number of votes required to amend
the Constitution should also remain the same – 148 out of 222. In short, the suspensions
gave no such advantage to the ruling party.
Frequency of Constitutional Amendments[edit]
According to constitutional scholar Shad Saleem Faruqi, the Constitution has been amended
42 times over the 48 years since independence as of 2005. However, as several
amendments were made each time, he estimates the true number of individual amendments
is around 650. He has stated that "there is no doubt" that "the spirit of the original document
has been diluted".[30] This sentiment has been echoed by other legal scholars, who argue that
important parts of the original Constitution, such as jus soli (right of birth) citizenship, a
limitation on the variation of the number of electors in constituencies, and Parliamentary
control of emergency powers have been so modified or altered by amendments that "the
present Federal Constitution bears only a superficial resemblance to its original model". [31] It
has been estimated that between 1957 and 2003, "almost thirty articles have been added
and repealed" as a consequence of the frequent amendments. [32]
However another constitutional scholar, Prof. Abdul Aziz Bari, takes a different view. In his
book “The Malaysian Constitution: A Critical Introduction” he said that “Admittedly, whether
the frequency of amendments is necessarily a bad thing is difficult to say,” because
“Amendments are something that are difficult to avoid especially if a constitution is more of a
working document than a brief statement of principles.” [33]
Technical versus Fundamental Amendments

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Taking into account the contrasting views of the two Constitutional scholars, it is submitted
that for an informed debate about whether the frequency and number of amendments
represent a systematic legislative disregard of the spirit of the Constitution, one must
distinguish between changes that are technical and those that are fundamental and be
aware that the Malaysian Constitution is a much longer document than other constitutions
that it is often benchmarked against for number of amendments made. For example, the US
Constitution has less than five thousand words whereas the Malaysian Constitution with its
many schedules contains more than 60,000 words, making it more than 12 times longer than
the US constitution. This is so because the Malaysian Constitution lays downs very detailed
provisions governing micro issues such as revenue from toddy shops, the number of High
Court judges and the amount of federal grants to states. It is not surprising therefore that
over the decades changes needed to be made to keep pace with the growth of the nation
and changing circumstance, such as increasing the number of judges (due to growth in
population and economic activity) and the amount of federal capitation grants to each State
(due to inflation). For example, on capitation grants alone, the Constitution has been
amended on three occasions, in 1977, 1993 and most recently in 2002, to increase federal
capitation grants to the States.
Furthermore, a very substantial number of amendments were necessitated by territorial
changes such as the admission of Singapore, Sabah and Sarawak, which required a total of
118 individual amendments (via the Malaysia Act 1963) and the creation of Federal
Territories. All in all, the actual number of Constitutional amendments that touched on
fundamental issues is only a small fraction of the total. [34]