CONSTITUTIONAL

AMENDMENTS
 Amendments are something that
are difficult to avoid especially if a
constitution is more of a working
document than a brief statement
of basic rules and ideals But
whatever the case a balance must
be struck between those competing
considerations.
 On the one hand a constitution is
the basic law, containing fundamental
rules about state running and so
various safeguards which cannot be
taken away so easily.
 The philosophy behind the
amendments procedure in Malaysia
has been laid down by the Reid
Commission - namely that the
methods ‘should not be too difficult
as to produce frustration nor too
easy as to weaken seriously the
safeguards of the Constitution’.
Methods of amending the Malaysian
Constitution
• There are four different ways of amending
the Federal Constitution as laid down in
Articles 159 and 161E. (Raja Azlan Shah FJ in
Loh Kooi Choon)
• 1. Amendment by way of simple majority at
both the Senate and the House of
Representative.
• 2. Requires the support of two-thirds majority
of the members of both houses.
• 3. Requires the 2/3 majority and the
consent of the Conference of Rulers.

• 4. The fourth method of amendment

stipulates a 2/3 majority and the
consent of either the Yang di-Pertua
Negeri of Sabah or Sarawak.
 Another way of amending the
Constitution is through Article 150
which gives the executive power to
declare emergency. Thus, effectively,
there are actually five different ways
of amending the Constitution.
1. Amendment by way of simple majority at both the
Senate and the House of Representative.

• Article 159(4)
• These are amendments with regards to:
• a) amendments to part III of the second
schedule (containing supplementary
provisions relating to citizenship); to the
sixth schedule (containing forms of oath and
affirmation); and to the seventh schedule
(dealing with the election and retirement of
senators);
b) Any amendment incidental to or
consequential on the exercise of
any power to make law conferred
on Parliament by any provision of
the constitution other than articles
74 and 76;
bb) Subject to art 161E (admission of Sabah &
Sarawak) any amendment made for or in
connection with the admission of any state to
the Federation or its association with the
states of the Federation, or any modification of
the constitution made as to its application to a
state so previously admitted or associated.

c) Any amendment consequential on an

amendment made under paragraph (a).
2. Requires the support of two-thirds majority of
the members of both houses.

• Amendments not included in the above

categories nor in the next, require only the
approval of a two-thirds majority in each
House of Parliament, and do not require
for their validity the consent of the
Conference of Rulers nor the concurrence
of any of the Sabah and Sarawak’s Yang
di-Pertua Negeri.
3. Requires the 2/3 majority and the consent of the
Conference of Rulers.

• Article 159(5)
• A law making an amendment to Clause (4)
of Article 10, any law passed thereunder,
the provisions of Part III, Article 38, 63(4),
70,71, 72(4), 152 or 153 or to this Clause
shall not be passed without the consent of
the Conference of Rulers.
4. The fourth method of amendment also stipulates a
2/3 majority and the consent of either the Yang di-
Pertua Negeri of Sabah or Sarawak.

• These amendments of special interest to

Sabah and Sarawak enumerated in clause
(2) of Article 161E require not only the
approval of a two-thirds majority in each
House of Parliament but also the
concurrence of the Yang di-Pertua Negeri of
Sabah and Sarawak.
 They are amendments to the constitution
that affect the right of persons born before
Malaysia Day, the constitution and jurisdiction
of the High Court in Sabah and Sarawak, the
matters with respect to which the legislature
of the state may or Parliament may make
laws, and religion in the state and the use
of any language and the special treatment of
natives of the states.
An overview of the amendments since
1957.

• A brief review of the nature, extent

and implications of the amendments
since 1957 is necessary in order for us
to see whether the amending power
has been used within the confines
laid down by the Reid Commission.
 The most notable feature in this
respect is the helplessness of the
states when it comes to defending
their position and rights. This is
because some of which
unfortunately lie outside the
constitutional structure, particularly
in the political system.
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