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Constitutional Division of

Executive Power
in the Malaysian
Constitution
Constitutional Division of Executive Power

-Art. 80

- Art. 74

-The 9th Schedule


Executive Power of the Federal
Government

Article 80(1):
The executive authority of
the Federation extends to all
matters with respect to
which Parliament may make
laws.
Executive Power of the Federal
Government

The executive authority of the


Federation does not extend to

Article 80(2)

A. Any matter Enumerated in the State


List.
Except in so far is provided in
Articles 93 to 95.
Executive Power of the Federal
Government
Article 80(2)

B. Any matter enumerated in the Concurrent List.


Except in so far as may be provided by federal or
State law.

So far as federal or State law confers executive


authority on the Federation with respect to any
matter enumerated in the Concurrent List
it may do so to the exclusion of the executive
authority of the State.
Executive Power of the Federal
Government
General Rule:

Exclusive Executive Power of


Federal Government
Art. 74 (1)
Federal Subject Matters
(List of 1 of the 9th Schedule).
Executive Power of the Federal
Government

Exceptions:

1. Articles 93 to 95.
- Art. 80 (2)

2. State or Federal Laws may confer


executive power over Concurrent Matters
to Federal Government.
- Art. 80 (2)
Federal Government May Confer
Executive Power to States over Federal
Matters

Federal law may provide that the executive authority


of a State shall extend to the administration of any
specified provisions of federal law and
may for that purpose confer powers and impose duties
or any authority of the State.

Article 80 (4)
Executive Power of
the State Government

The executive authority of a State


extends to all matters with respect to which the
Legislature of that State may make laws.

Article 80(1)
Executive Power of the State
Government
General Rule

State Subject Matters


Art. 74 (2)
- List II. Of the 9th Schedule

Concurrent Matters
Art. 80 (2)
- List III. 9th Schedule

Residual Matters
Art. 77
So far as a law made under Article 76 (4) makes
provisions for conferring executive authority
on the Federation
it shall not operate in any State unless approved
by resolution of the Legislative Assembly of
that State.

Article 80 (3)
East Union (Malaya) Sdn. Bhd. v
Government of the State of Johore & Govt. of Malaysia

[1981] 1 MLJ 151

The general rule is that legislative and executive


authorities always go together.

Thus, over land, States have both legislative and


executive authority.
Only the State Legislative Assembly may legislate
with respect to it: Parliament may not.
And States also have executive authority over land.

Articles 74 (2) and 80 (1) & (2).


Sabah
&
Sarawak
Additional Power / Special Provisions:
Sabah and Sarawak

Article 95B. Modifications for States of Sabah and


Sarawak of distribution of legislative powers.

List IIA. Supplement to State List for State of


Sabah and Sarawak
List IIIA. Supplement to State List for States of
Sabah and Sarawak
Immigration
Pihak Berkuasa Negeri Sabah v
Sugumar Balakrishnan
[2002] 3 MLJ 72 FC

Article 9(3)
Pihak Berkuasa Negeri Sabah v Sugumar
Balakrishnan [2002] 3 MLJ 72 FC
Part VII of the Immigration Act is a special law for East
Malaysia.
It originated from the Immigration Act 1963 later
revised and incorporated into the present Act
1959/63 in 1975.

Part VII prevails over any inconsistent provisions in


Pts. I to VI.
This was one of the terms of participation of Sabah
and Sarawak in the new Federation of Malaysia
based on the report of the Inter-Governmental
Committee.
The terms as could be seen from the
Report of the Inter-Governmental
Committee states inter alia:
16. Immigration
The following arrangements should apply:
(a)immigration into Malaysia should
remain on the Federal List,
but legislation should be enacted by the
Federal Parliament to ensure that,
entry into the Borneo States will require
the approval of the State concerned;
Whilst cl. (2) of art. 9 provides that every
citizen has the right to move freely
throughout the Federation and to reside in
any part thereof,
it is subject, inter alia, to cl. 3 by virtue of s.
60(2) of the Malaysia Act 1963.

In dealing with Part. VII the constitutional


recognition under cl. (3) of art. 9 of the
Federal Constitution must not be forgotten
in relation to the special position of Sabah
and Sarawak where Parliament may
impose restrictions.
Constitutional Division of
Executive Power
in the Malaysian Constitution:

The Exceptions
Art. 95A. National Council For Local
Government

Art. 91. The National Land Council

Exception
Art. 95E. Exclusion of States of
Sabah
and Sarawak from national plans for
land utilisation, local government,
development, etc.
Chapter 6 - Federal surveys, advice to States
and inspection of State activities
Article 93. Inquiries, surveys and
statistics.

Article 94. Federal powers in respect


of State subjects.

Article 95. Inspection of State


activities.
Art. 92. Power to Declare a
Development Area

Exception
Art. 95E
Art. 81. Obligations of States
towards Federation.

Article 112. Restriction on


alterations in establishments of
States.