Themalaysianconstitution 100109191740 Phpapp02

Last Updated 9 June 2013
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THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES ONLY
AND IS NOT LEGAL ADVICE. DISCLAIMER APPLIES.
1. History (starts at page 6)
Constitution created the Federation
Merdeka Day, 31 Aug 1957
Malaysia Day, 16 Sept 1963
Life of the Federation
2. Main Features (page 12)
Key Elements of the Malaysian
Constitution
Constitution as the Supreme Law
Constitutional Monarchy
The Three Branches of Government
3. The Legislature (page 17)
Parliament
Dewan Rakyat
Dewan Negara
Dewan Rakyat and Dewan Negara
Parliamentary Authority and Privileges
Parliamentary Cycle
4. The Executive (page 25)
Executive
Exercise of Executive Power
Appointment of Cabinet
Resignation of PM
Removal of Other Ministers
5. The Judiciary (page 36)
Judiciary
Appointment of Judges
Judges Security of Tenure
6. Conference of Rulers (page 41)
Conference of Rulers
Functions of the Conference

2
An Introduction to the Malaysian Constitution
7. Fundamental Liberties (page 44)
Deprivation of Life or Liberty only in
accordance with Law
Habeas Corpus
Right to Grounds of Arrest and to Counsel
Judicial Approval for Extended Detention
No Slavery
No Forced Labour
No Retroactive Criminal Laws
No Retroactive increase in Penalties
No Repeat Trials
Equality
No discrimination on the ground of Religion,
Race, Descent, Place of Birth or Gender in
certain matters
No discrimination in favour of State Subjects
No discrimination by Public Authority on
grounds of out of Jurisdiction

Equality in Public Education and Financial Aid
No Banishment from Malaysia
Freedom of Movement and of Residence
Freedom of Speech
Freedom of Assembly
Freedom of Association
Freedom of Religion
Limitation on Religious Taxes
Right to manage Religious Affairs and
Institutions
Right to establish Religious Schools
No compulsory Religious Education and
Ceremonies in another Religion
Right to Property
No Compulsory Acquisition
without adequate Compensation

3
8. Legislative Provisions (page 78)
Procedures for making Federal Law
Federal and State Legislative Powers
Federal Legislative List
State Legislative List
Concurrent Legislative List

9. Islam, Islamic Law and Syariah Courts
(page 84)
Religion of Malaysia
Relationship between secular law and
Islamic law
Constitutionally permitted Islamic laws
Islamic Offences
Syariah Courts Jurisdiction
Syariah Courts Jurisdiction for Islamic
Offences

4
10. Special and Emergency Powers (page 91)
Laws against Subversion etc.
Emergency Powers
Restrictions on Preventive Detention
11. Malays and Art 153 (page 97)
Malay
Special Position of Bumiputras
Legitimate Interests of Other
Communities
12. Citizenship (page 102)
Citizenship
Citizenship by Operation of Law
Citizenship by Registration
Citizenship by Naturalisation
Citizenship by Incorporation of Territory

13. Elections (page 114)
Election Commission
ECs Main Functions
Review of Constituencies
Federal Constituencies
Voters
14. Constitutional Amendments (page 122)
Constitutional Amendment Process

15. Other Provisions (page 125)
National and Other Languages
Consolidated Funds
Attorney General
Auditor General
Disqualification of MPs and Senators
Resignation of MPs and Senators
National Land Council
National Council for Local Governments
Public Services

5
Disclaimer

This presentation is a free educational guide to understanding the Federal Constitution of Malaysia.
It does not purport to be comprehensive or accurate and it does not constitute legal advice.
All liability arising as a result, directly or indirectly, of acting or refraining from action on the basis of
any matter contained in this presentation is expressly disclaimed by the author. Please seek your
own legal advice for any constitutional law matter.

6

6
7
The Constitution created the Federation
It gave birth to a new, independent and sovereign nation.

The Malaysian Constitution Main Features
Est.
1957
The Malaysian Constitution History

The initial member states of the
Federation were Johor, Kedah,
Kelantan, Terengganu, Negeri
Sembilan, Pahang, Perak, Perlis,
Selangor, Melaka, and
Pulau Pinang. The Federation
was initially called the
Federation of Malaya
(Persekutuan Tanah Melayu)

8
Johor, Kedah, Kelantan, Terengganu,
Negeri Sembilan, Pahang, Perak,
Perlis, Selangor, Melaka, and
Pulau Pinang
The Federation
Est.
1957
9
In 1963, the Constitution
was amended to admit
Sabah, Sarawak and
Singapore as additional
member states of the
Federation.

At the same time, its
name was changed to
Malaysia.
Johor, Kedah, Kelantan,
Terengganu, Negeri
Sembilan, Pahang, Perak,
Perlis, Selangor, Melaka,
and Pulau Pinang
The Federation
Est.
1957
10
The Federation
Est.
1957
Official Statement to the United Nations on 16 September 1963

The Malayan permanent representative to the UN issued a statement to the 18
th
session of
the 1283 meeting of the UN General Assembly that:

"constitutionally, the Federation of Malaya, established in 1957 and admitted to
membership of this Organisation the same year, and Malaysia are one and the same
international person. What has happened is that, by constitutional process, the
Federation has been enlarged by the addition of three more States ... and that the
name Federation of Malaya has been changed to Malaysia.

From the legal perspective, the establishment of Malaysia
on 16 September 1963 did not create a new legal entity.
The Federation established on 31 August 1957 continued to
exist, with three new member states added and a new
name (Malaysia).
11
Johor, Kedah, Kelantan, Terengganu,
Negeri Sembilan, Pahang, Perak, Perlis,
Selangor, Melaka, and Pulau Pinang
+ Sabah + Sarawak + Singapore
Malaysia Day
16 Sep 1963
9 Aug 1965
Merdeka Day
31 Aug 1957
Present Date
Federation of Malaya
Malaysia
Name of the Federation Member States of the Federation Dates
- Singapore
The Federation
Est.
1957
12

13
The Constitution is
the Supreme Law
of Malaysia

Malaysia is a
Constitutional
Monarchy

There are three
branches of
Government
the Legislature,
the Executive and
the Judiciary

Executive
Judiciary
Legislature

14
The Constitution is the supreme law of Malaysia
Any law passed after 31 Aug 1957 which is
inconsistent with the Constitution shall be void.

15
The Yang di-Pertuan Agong (YDPA) is Malaysias
Head of State.

He is elected by the Conference of Rulers, by rotation, from the
Rulers of the nine Malay States.

As a constitutional monarch, he is required to exercise his
executive powers on the advice of Cabinet.
Legislature
(Badan Perundangan)
Makes laws
Executive
(Eksekutif)

Administers the law
Judiciary
(Badan Kehakiman)

Interprets the law
16
Executive
Judiciary
Legislature
http://www.kehakiman.gov.my

http://www.parlimen.gov.my

http://www.malaysia.gov.my

17

17
18

YDPA

Dewan
Rakyat

Dewan
Negara
Parliament is a
bi-cameral legislature
comprising of a lower
house called the:
House of Representatives
(Dewan Rakyat)
and an upper house known
as the
Senate
(Dewan Negara).

The Yang di Pertuan Agong
is also a part of Parliament.

The Malaysian Constitution The Legislature
19

26
15
14
6
8
14
13
24
3
25
31
22
8
11
1 1
MPs by State
222 MPs
The Dewan Rakyat has 222 elected members.

20
70 Senators
The Dewan Negara has
70 Senators.

3-Year Term
A senators term is for 3
years, unaffected by the
dissolution of Parliament.

Max 2 Terms
A person can only be a
Senator for a maximum of
two terms, whether
consecutive or not
Senators appointed by the YDPA
for the Federal Territories
Other Senators appointed by the YDPA
Senators elected by
State Legislatures
21
Dewan Rakyat Dewan Negara
Number of Members
222 70
Mode of
Appointment
Elected by voters Elected by State Legislatures
(2 each)
Appointed by the YDPA in
respect of Federal
Territories (4)
Appointed by the YDPA (40)
Term of Office
Until the dissolution of
Parliament
3 years, unaffected by
dissolution of Parliament.
A person can only be a
Senator for a maximum of
two terms, whether
consecutive or not.
22
Legislative Authority to Make Federal Laws
Parliament may make federal laws in respect of matters falling
under the Federal List or the Concurrent List.


3
Concurrent
List
(Parliament
and State e.g.
housing, national
park, social welfare)
1
Federal
List
(Parliament
only e.g.
defence,
finance,
security,
citizenship )
2
State
List
(State
Legislature
only, e.g. local
government,
Syariah courts,
mining)
23

Parliamentary Privileges

Parliamentary proceedings cannot be questioned in any court

Members of Parliament are immune from court proceedings
for anything said in Parliament, except for offences under:
laws passed under Article 10(4) of the Constitution, and
the Sedition Act


1
2 3 4
New
Parliament
Starts
Parliament
Dissolved
Next
Parliament
within
120 days of
dissolution
Elections
within
60 days of
dissolution
* Each parliament lasts for 5 years from the
date of its first meeting, unless dissolved
earlier by the YDPA at the request of the PM
5 Years*
13
th
Parliament
First Meeting
24 June 2013
13
th
Parliament
Automatic Dissolution
24 June 2018*
25

25
26

The executive authority of the Federation is vested in
the Yang di-Pertuan Agong but, as a constitutional
monarch, he must act in accordance with the advice
of the Cabinet, except in limited matters such as the
giving of consent to dissolve Parliament.

The Malaysian Constitution The Executive
27
The Cabinet
Yang di-Pertuan
Agong
(YDPA)
A Minister
authorised by
Cabinet
Any person
authorised by
law

Subject to federal law, the executive authority vested in
the YDPA may be exercised by:

28
Cabinet is formed
2. YDPA appoints other Ministers under PMs advice
Acting on the advice of the PM, the YDPA appoints other Ministers from among the
members of either the Dewan Rakyat or the Dewan Negara.
1. YDPA appoints PM
Acting in his discretion, the YDPA first appoints as Prime Minister a member of the
Dewan Rakyat who in the YDPAs judgment is likely to command the confidence of
the majority of that Dewan; and
Dewan
Rakyat
Dewan
Negara
Dewan
Rakyat
29
Under the Constitution, the member (MP) of the
Dewan Rakyat who commands the confidence of
the majority of the Dewan shall be appointed as
the Prime Minister. There are no other qualification
requirements in the Constitution for an MP to
become a PM. However a person who became a
citizen by registration under Article 17 cannot be a
PM.
30
If the Prime Minister ceases to command the confidence of the
majority of the members of the Dewan Rakyat, then

unless at the PMs request the Yang di-Pertuan Agong (YDPA)
dissolves Parliament (and the YDPA may act in his absolute
discretion)

the Prime Minister shall tender the resignation of the Cabinet.

NEXT:
Read about the Perak Menteri Besar case which interpreted the equivalent
provisions in the Perak State Constitution
MB
PERAK STATE CONSTITUTION
31
Dato Seri HJ Mohd Nizar bin Jamaluddin v. Dato Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010)

Article 16(6)
A Menteri Besar must tender
the resignation of the State
Exco when his party or
coalition loses the majority in
the Legislative Assembly.
Article 18(2) - The Sultan may, if
he so wishes, decline to dissolve
the Legislative Assembly.
PR
BN
PR
BN
BEFORE AFTER
31
31
28
28
MB
32

Ruling coalition
loses majority in
State Assembly
MB and Exco
resigns
MB seeks Sultans
consent to
dissolve Assembly
Consent
Granted
State Assembly is
dissolved.
Elections held.
Consent
NOT
Granted
MB and Exco
must resign
Question 1:
Does the loss of majority have
to be proven by a vote of no-
confidence in the Assembly?
Federal Court Answer: No. It
may be determined from other
evidence.
Question 2:
What happens if the MB refuses to
resign after the Sultan has decided
not to dissolve the Assembly?
Federal Court Answer: The MB is
deemed to have resigned
33
Facts
In the 2008 Perak State elections, Pakatan Rakyat won 31 out of 59 seats of the Perak Legislative
Assembly. Dato Seri HJ Mohammad Nizar (Nizar) from Pakatan was appointed as the Menteri Besar
(MB) of Perak. The following year, 3 members of the assembly left Pakatan and declared their
support for Barisan Nasional, resulting in Barisan commanding the majority. Nizar made a request
to HRH The Sultan of Perak for the dissolution of the assembly. Exercising his Royal prerogative
under Article 18(2)(b) of the Perak State Constitution, HRH refused to do so and subsequently
appointed Dato Seri Dr. Zambry as the new MB.
Question
When a MB has, as a matter of fact, ceased to command the confidence of the majority of the
assembly, does he nevertheless remain as MB until a motion of no confidence is passed against him
and thereafter he voluntarily resigns.
Answer
Motion of No Confidence Not Required - As the Perak State Constitution does not stipulate that the
loss of confidence in a MB can only be established through a vote in the assembly, the Court held,
following the Privy Council case of Adegbenro v Akintola and the Dato Amir Kahar case (1995) 1 CLJ
184, that evidence of loss of confidence may be gathered from other sources.
Voluntary Act of Resignation not Required - It is mandatory for a MB 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, the MB is deemed to have resigned.
34
Removal of Ministers
Ministers other than the Prime Minister hold office during
the pleasure of the YDPA, unless the appointment of any
Minister shall have been revoked by the YDPA on the
advice of the Prime Minister.

NEXT
Read about the Deputy Prime Minister case which interpreted this provision

DPM

35
Dato Seri Anwar bin Ibrahim (Appellant) v Prime Minister of Malaysia and Anor. (Respondents) (Federal Court, Mar 2010)

Facts
The Appellant was appointed as the Deputy Prime Minister in 1995. On 2 Sept 1998, he was notified
by the Prime Minister that his appointment as the DPM was to be revoked that same day. Prior to the
notice, the Prime Minister had advised the Yang di Pertuan Agong (YDPA) to revoke the appointment
and such advice was accepted by the YDPA (according to uncontradicted evidence of the Confidential
Secretary to the YDPA)
Question
Does Article 45(3) of the Federal Constitution specifically require the YDPA to be the authority to
revoke the appointment of the Appellant as Deputy Prime Minister?
Answer
The YDPA is a constitutional monarch. On the appointment and revocation of appointment of
Ministers, the YDPA must act in accordance with the advice of the Prime Minister.
The revocations were in fact made by the YDPA: On the facts, it is clear that the PM had advised the
YDPA to revoke the appointment of the DPM and that the YDPA had accepted such advice. Therefore it
was the YDPA, and not the PM, who made the formal decision to revoke the DPMs appointment.
Revocation need not be personally communicated by the YDPA to the DPM: The Constitution does
not require the YDPA to personally advise the DPM of his decision to revoke the DPMs appointment.
Furthermore, it does not stipulate the format and manner in which such decisions are to be
communicated.

36

36
37
Federal Court
Court of Appeal
High Court
of Malaya
Subordinate
Courts
High Court
of Sabah and
Sarawak
Subordinate
Courts

Syariah Courts
The High Courts and
the Subordinate Courts
have no jurisdiction over
Syariah Court matters
The power to interpret laws, including the Constitution, lies with
the judiciary.
The Malaysian Constitution The Judiciary

38
PM consults
persons
stipulated in
Art 122B (e.g.
the Chief
Justice of the
Federal Court)
PM advises
the YDPA to
appoint the
person
selected by
the PM as a
judge
YDPA appoints*
that person as
judge, after
consulting the
Conference of
Rulers
Judges are in effect appointed by the Prime
Minister, through this process:
Chief Justice of the
Federal Court
President of the
Court of Appeal
Chief Judge of a
High Court
Other Federal
Court Judges
Other Court of
Appeal Judges
Other High Court
Judges
* The YDPA, as a constitutional monarch, is
required to act on the advice of the PM
PM PM
39
Chief Justice of the
Federal Court
President of the
Court of Appeal
Chief Judge of a
High Court
Other Federal
Court Judges
Other Court of
Appeal Judges
Other High Court
Judges
Once appointed, judges
cannot be removed
except under
exceptional
circumstances (such as
infirmity of mind) by a
tribunal of judges.
40
PP v Kok Wah Kuan [2007] 6 CLJ 341 (Federal Court, October 2007)
Facts
Kok Wah Kuan was convicted of murder which he committed at the age of 12. Instead of receiving the
death sentence, he was, pursuant to the Child Act 2001, ordered by the Court to be detained for as
long as the Yang di Pertuan Agong (acting on Cabinet advice) deems appropriate .
Question
Whether the detention order was unconstitutional because under the doctrine of separation of powers,
judicial power vests in the judiciary and not the Executive.
Answer
Separation of Powers: The doctrine of separation of powers is a political doctrine under which the
legislative, executive and judicial branches of government are kept distinct. Like the Westminster
system, the Federal Constitution does have features of this doctrine but the Constitution does not
strictly comply with the doctrine (for example Ministers are both legislators and executives, which
would be inconsistent with the doctrine). The extent to which the doctrine applies depends on
what the Constitution actually provides. Therefore, the Child Act cannot be held unconstitutional
for being inconsistent with the doctrine itself. The Act can only be held unconstitutional if it were
inconsistent with any specific provision of the Constitution, which it is not.

Scope of Judicial Power: With the deletion of the words the judicial power of the Federation *shall be vested in the
two High Courts] from the Constitution, the judicial power of the Courts must be determined, not by what the
term judicial power may generally mean, but by reference to what is conferred under federal law,
as this is what the Constitution now provides.

41

42

The Conference is a constitutional body comprising the
Rulers and the Yang di-Pertua-Yang di-Pertua Negeri.

The Malaysian Constitution The Conference of Rulers

43
Functions
Electing and removing the Yang di-Pertuan Agong and his Deputy
Deciding on the extension of any religious acts, observances or
ceremonies to the country as a whole
Giving or withholding consent (veto rights) over matters such as:
Constitutional amendments relating to matters in Article 159(6).
Laws affecting the privileges, position, honours or dignities of the
Rulers
Laws amending Article 152 (Malay language) or Article 153 (Special
position of bumiputras)
Alterations to State boundaries
Certain appointments such as members of the Public Service
Commission and the Elections Commission
The Malaysian Constitution The Conference of Rulers

44

44

* Not applicable to laws passed under Article 149 or Article 150
45
No one can be deprived of ones
life or personal liberty
except in accordance with law.

The Malaysian Constitution Fundamental Liberties

46
Where a person is being unlawfully detained, the
High Court has the power to release the detainee.


47
Where a person is arrested he shall:
(i) be informed as soon as possible of the grounds of
arrest, and
(ii) be allowed to consult and be defended by a
lawyer of his choice.


48
Where a person is arrested, he shall without
unreasonable delay, and in any case within 24 hours,
be produced before a magistrate and shall not be
further detained without the magistrate's authority.


* Not applicable to laws passed under Article 150
49
No one shall be held in slavery.


50
All forms of forced labour are prohibited
but Parliament may by law provide for compulsory
service for national purposes.

51
No one shall be punished for an act or omission
which was not punishable by law when it was done
or made.

52
No one shall suffer greater punishment for an
offence than was prescribed by law at the time it
was committed.

53
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.


54
All persons are equal before the law and
entitled to the equal protection of the law.


55
L
a
w

in any law,
or
P
u
b
l
i
c

A
u
t
h
o
r
i
t
y

in the
appointment
to any office
or
employment
under a
public
authority, or
A
d
m
i
n

o
f

C
e
r
t
a
i
n

L
a
w
s

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
Except as authorized by the Constitution, no citizen
shall be discriminated on the ground only of
religion, race, descent, place of birth or gender:

56
There shall be no discrimination in favour of any one
because he or she is
a subject of the Ruler of any State.

57
No public authority shall discriminate against any
person because such a person is resident or
conducting business outside the jurisdiction of the
authority.


58
There shall be no discrimination against any citizen
by reason of
religion, race, descent or place of birth:

A
d
m
i
n
i
s
t
r
a
t
i
o
n

in the administration of any
educational institution
maintained by a public
authority, and, in particular,
the admission of students
or the payment of fees, or
F
i
n
a
n
c
i
a
l

A
i
d

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).
Exceptions
See the slides on Article 153 which allows for the reservation of quotas on scholarships,
educational and training facilities for bumiputras, notwithstanding anything in the Constitution,
which presumably includes this Article 12(1).
59
No citizen shall be banished or excluded from
Malaysia.
60
Every citizen has the right to move freely throughout
Malaysia and to reside in any part of the country.
Restrictions
If any other State is in a special position as compared with the States of Malaya, Parliament may
impose restrictions, as between that State and other States
This right is subject to restrictions in any law relating to the security, public order, public health,
or the punishment of offenders
61
Restrictions can be imposed by Parliament:
In the interest of friendly diplomatic relations, morality and national security or public order
(including the questioning of provisions relating to citizenship, Article 152 (National Language),
Article 153 (Special Position of Bumiputras) or Article 181 (Rulers Sovereignty)).
To protect the privileges of Parliament/Legislative Assembly or
To provide against contempt of court, defamation, or incitement to any offence
xyz
abc
def ghi
Every citizen has the right to
freedom of speech and expression.
62
Muhammad Hilman bin Idham & 3 Others. (Appellants) v University Kebangsaan Malaysia & 2 Others (Respondents)
(Court of Appeal, October 2011)
Facts
The appellants, students of University Kebangsaan Malaysia (UKM), were present in Hulu Selangor to
observe the parliamentary by-elections there in April 2010 and had in their possession certain
campaign materials. UKM brought disciplinary proceedings against the appellants for breaching
section 15(5)(a) of the Universities and University Colleges Act 1971 (UUCA) which prohibits
university students from expressing or doing anything in support for, or sympathy with, or opposition
to, any political party.

Question
Although the Constitution permits Parliament to make laws to restrict freedom of speech for the
purposes of protecting public order, morality or the other interests spelt out in Article 10(2)(a), is
section 15(5)(a) of the UUCA unconstitutional because the restriction it imposes on freedom of
speech unreasonable?

Answer
Any restriction imposed on the freedom of speech must be a reasonable one. The restriction
imposed by section 15(5)(a) of the UUCA is unreasonable and is therefore unconstitutional.
63
In the interest of national security or
In the interest of public order
All citizens have the right to assemble
peaceably and without arms.
64
Freedom of Assembly
Art 10(1)(b)
Constitutional Restrictions
Art 10(2)(b)
65
The Constitution gives citizens
freedom of assembly, but it
also gives Parliament the
power to make laws which
impose restrictions on
freedom of assembly in the
interests of national security or
public order.
The Peaceful Assembly Act
2012 is an example of such a
law.
66
Sec. 27 of the Police Act 1967
This was repealed on
23 April 2012
by the Police (Amendment)
Act 2012
and replaced by the
Peaceful Assembly Act 2012
please see the next slide
Assembly at or within 50m
of prohibited places
All other assemblies
Notification
Process
Go!
A street protest i.e. a
mass march or rally
Assembly at designated
place of assembly
Specified assembly e.g.
wedding reception
67
In Operation
from
23 April
2012
What is the difference between an assembly and a street protest?
An assembly
may be
moving. Thus
processions
are allowed in
assemblies.
A street
protest
involves people
walking in a
mass march or
rally.
OK
X
68
69
In the interest of morality, national security or public order
In any law relating to labour or education
All citizens have the right to
form associations
.


70
Kelantan State Legislative Assembly v Nordin Salleh
(Supreme Court, April 1992)
Facts
Nordin Salleh was elected to the Kelantan State Legislative Assembly (Dewan Undangan Negeri
Kelantan (DUNK)) during the 1990 general elections. In 1991, the Kelantan State Constitution was
amended to provide that a member of the DUNK who is a member of any political party shall cease
to be a member of the DUNK if he or she resigns or is expelled from such political party. Pursuant to
this new provision, the DUNK declared that Nordin ceased to be a member of the DUNK, thus
triggering a by-election in his constituency

Question
Whether the new provision of the Kelantan Constitution is inconsistent with the right to freedom of
association under Article 10(1)(c) of the Malaysian Constitution and is therefore void?

Answer
The Kelantan Constitutions provision is indeed void because the direct and inevitable consequence
of the provision is to restrict the right of a member of the DUNK from exercising the right to freedom
of association. Furthermore the Malaysian 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 ones political party is not on the list.
71
This Article does not authorise any act contrary to any law relating to public order, public
health or morality
Every person has the right to profess and practice his
religion and to propagate it
but State law and, in respect of the Federal Territories,
federal law may control or restrict the propagation of
any religion among Muslims.

72
No one shall be compelled to pay any tax the
proceeds of which are specially allocated for the
purposes of a religion other than his own.

73
Every religious group has the right to:
(i) manage its own religious affairs,
(ii) establish and maintain institutions for religious or
charitable purposes, and
(iii) acquire, own, hold and administer property.
74
Every religious group has the right to establish and
maintain institutions for the education of children in
its own religion.
75
No one 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, for these purposes, the religion of a person under
18 shall be decided by his parent or guardian.
76
No person shall be deprived of property save in
accordance with law.


77
No law shall provide for the compulsory acquisition
or use of property without adequate compensation.

78

Step 3
Lastly the Yang di-
Pertuan Agong
assents to the Bill.

@
If the Yang di-Pertuan
Agong does not assent
to a Bill within 30 days
after it has been
presented to him, it
shall automatically
become law
(Articles 66(4) and (4A))

79
Passed
by
Dewan Negara*

Passed
by
Dewan Rakyat

Assented to
by the
Yang di-
Pertuan
Agong
@

Passed
by
Dewan Negara
#
Passed
by
Dewan Rakyat
Step 2
The Bill is then
passed by the other
Dewan.

#
The Dewan Negaras
refusal to pass a Bill
(other than
Constitutional
amendment bills) may
be by-passed under the
procedures described in
Article 68.
Step 1
The Bill is first
passed by the
Dewan Rakyat or
the Dewan Negara.

* The Dewan Negara
cannot originate Bills
relating to taxation,
Federal loans and
guarantees, the
Consolidated Fund,
and other matters
specified in Article 67

The Malaysian Constitution Legislative Provisions

80
Federal law will prevail over State law in the event of any inconsistencies.
3
Concurrent
List
(Parliament
and State)
1
Federal
List
(Parliament)
2
State
List
(State
Legislature)

Residual
Legislative Power
of State
(Article 77)

The State
legislatures have
the power to make
laws on matters
not set out in any
of the three lists

Parliament may make law in
respect of matters in the
Federal List (1) and
the Concurrent List (3)
State Legislatures may make
law in respect of matters in
the State List (2) and
the Concurrent List (3)
Legislative Areas

81
Parliament may make laws on
matters in the Federal List, such
as:
External affairs, defence,
internal security
Civil and criminal laws
Federal citizenship
Finance (incl. currency)
Trade, commerce and industry
Shipping, communication and
transport, education
Medicine
National holidays
Newspapers and publications
For the full list see List I of the
9
th
Schedule of the Constitution
Defence
Citizenship
Currency
Criminal Law
Finance
Communications

82
States may make laws for their
own States on matters in the
State List, such as:

Islamic law and personal and
family law of Muslims
Syariah courts
Forestry
Land
Local government
Local services e.g. markets
Mining
Libraries
For the full list see List II of the
9
th
Sch. of the Constitution
There are additional lists for
Sabah and Sarawak.
Laws for Muslims
Mining
Land
Syariah Court
Forestry
Libraries
83
Parliament and States may (for
their own states) make laws on
matters in the Concurrent List,
such as:

Social welfare, scholarships
National parks
Prevention of cruelty to animals
Fire safety measures
Town and country planning
Culture and sports
Housing
Water supplies and services,
preservation of heritage
For the full list, see List III of the
9
th
Sch. of the Constitution.
There are additional sub-lists for
Sabah and Sarawak.
Water Supplies
Heritage
Fire Safety Sports
National Parks
Housing
84

85
Islam is the
religion of
Malaysia.

But this
does not
affect the
other
provisions of
the
Constitution
derogate |dergt|Verb [ intrans. ] ( derogate from) deviate from (a set of rules or
agreed form of behavior) : e.g. This law has not derogated from the Constitution.
The Malaysian Constitution Islam, Islamic Law and Syariah Courts
86

Islamic laws
apply to
Muslims only
* Certain types of secular law, such as
those relating to family and personal
law, will not apply to Muslims if they are
subject to an equivalent Islamic law.
Secular law applies
to everyone*
Secular law applies
to everyone*
# For the Federal
Territories, Islamic law
comes under Federal
jurisdiction (para 4(k)
of the Federal List)
Under the Constitution, States can only
make Islamic law in these areas:

1. Islamic law and personal and family
law of Muslims
2. Wakafs, Islamic charities, trusts and
institutions
3. Zakat, Fitrah and Baitulmal
4. Mosques
5. Offences by Muslims against the
percepts of Islam but not including
matters in the Federal List (Islamic
offences)
6. Syariah courts
7. Control of propagating other religions
amongst Muslims
8. Determination of matters of Islamic
law and doctrine

87
Islamic
laws do not
apply to
non-
Muslims
88

Islamic
offences*
apply to
Muslims only
* Means offences
by Muslims against
the percepts of
Islam. Does not
include criminal
offences which is
under Federal
jurisdiction
Secular law applies
to everyone*
Criminal offences
apply to everyone

89
Constitutionally, Syariah Courts
have no jurisdiction over Islamic
offences unless authorised by
federal law: the Syariah Courts
(Criminal Jurisdiction) Act 1965
permits such courts to try Islamic
offences but not if the maximum
jail term, fine or number of whips
allowed for such offences exceed
the maximum stated in the above
table.

Jail Fine Whipping
Max:
3 years
Max:
RM5,000
Max:
6 whips
90
The Constitution gives Syariah Courts
power over:

Muslims only, and

only in respect of Constitutionally
permitted Islamic laws, including
Islamic offences, described in the
previous slides.

91

91
92
Special Laws under Article 149
A law may be inconsistent with a number
of fundamental liberties* if it is passed to
stop or prevent subversion, actions
prejudicial to public order, such as the
promotion of hostility between races, and
certain other matters.
Examples
Security Offences (Special Measures) Act
2012 Measures include the power to
arrest a person for up to 28 days for the
purpose of investigations for security
offences
Dangerous Drug (Special Preventive
Measures) Act 1985 Preventive
detention, without trial, of drug traffickers

* Art. 5 (Liberty of Person),
Art 9 (Banishment/ Freedom of Movement),
Art 10 (Freedom of Speech) and
Art 13 (Rights to Property).
The Malaysian Constitution Special and Emergency Powers
The ISA has been
repealed and
replaced by the
Security Offences
(Special
Measures)
Act 2012
93
Proclamation of Emergency
The Yang di-Pertuan Agong
(YDPA) may issue a Proclamation
of Emergency if he is satisfied
that a grave emergency exists
which threatens the security,
economic life or public order of
the country.
The YDPAs decision cannot be
challenged in any court under
any grounds.

94
Emergency Laws and Powers
During an emergency:
1. The YDPA may promulgate
emergency ordinances.
2. Parliament may pass emergency
laws.
Such ordinances and laws must not
violate any Islamic law or any
provisions in the Constitution
relating to religion, citizenship or
language but shall otherwise be
valid even if their provisions are
inconsistent with the Constitution.


95
1950 1960 1970 1980
1964 - Nationwide
emergency due to the
Indonesia-Malaysia
confrontation
Since Merdeka, four emergencies have been proclaimed and all have been
revoked, either by the Courts or by Parliament.
1966 - Sarawak only,
due to the Stephen
Kalong Ningkan
political crisis
1969 - Nationwide
emergency due to
the May 13 riots
1977 - Kelantan
only, due to a state
political crisis
1957 -Merdeka
Dewan Rakyat 24 Nov 2011
Dewan Negara 20 Dec 2011
PC Teh v PP
The Privy Council held that the 1969
emergency declaration had by implication
revoked the 1964 emergency. See
paragraph 17 of Lord Diplocks judgment.
96
Grounds of Detention and Making of Representations
The authorities are required, as soon as possible, to tell the person detained 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 is not against national security.
The detainee has the right to make representations against the detention.
Advisory Board
If a representation is made by a detainee who is a citizen, it will be considered by an
Advisory Board which will then make recommendations to the Yang di-Pertuan Agong
(YDPA). This process must usually be completed within 3 months of the
representations being received, but may be extended by the YDPA.

Chairman
Member Member
* The Advisory Board is appointed by the YDPA. 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
Detainee
Advisory Board*
97

98

R
e
l
i
g
i
o
n

Is a Muslim
L
a
n
g
u
a
g
e

Habitually
speaks Malay C
u
s
t
o
m
s

Follows Malay
customs
Merdeka
Population
Is a person who:
(a) was domiciled in the Federation or Singapore on Merdeka Day,
(b) was born in the Federation* or Singapore before Merdeka Day,
(c) was born before Merdeka Day of parents one of whom was born in
the Federation* or Singapore
Descendant
of Merdeka
Population

Is a descendant of a person who is from the above Merdeka
Population

or
Constitutionally, a Malay is a person who satisfies two sets of requirements:
The Malaysian Constitution Malays and Article 153
99
This Malay person
is a Malay under
the Malaysian
Constitution
Race:
Malay
Race:
Non-Malay
A persons race is not relevant in determining whether one is a Malay under the
Constitution. A Malay, Chinese, Indian or person of any other race will become a
Malay under the Constitution if he or she meets all the requirement of Art. 160(2).
Race:
Malay
This Malay person
is a not a Malay
under the
Malaysian
Constitution but
remains a person
of the Malay race
This non-Malay
person is a
Malay under the
Malaysian
Constitution
100
Malays and natives of Sabah and Sarawak (collectively bumiputras) occupy a
special position. The Yang di-Pertuan Agong (YDPA) is required to safeguard
their special position in accordance with Article 153, which provides that:

Art 153*

The YDPA must
exercise his
constitutional
functions, and
his executive
functions under
federal law, to:

Generally, safeguard
the special position
of bumiputras

Specifically,
establish quotas for
bumiputras in:
Federal public service
positions
Federal scholarships
etc.
Federal trade or
business licences
Tertiary education
enrollment
* Special Notes
The YDPA must act in accordance with Cabinet advice (Article 40 and153(2))
Article 153 can only be amended with the consent of the Conference of Rulers (Article 159(5))
State Constitutions may include an equivalent of Article 153 (Article 153(10))
The YDPA must also safeguard the legitimate interests of other communities in accordance with Art. 153 >>>
101
Whilst safeguarding the special position of bumiputras, the Yang di-Pertuan
Agong (YDPA) is also responsible for safeguarding the legitimate interests of
other communities in accordance with Article 153, which provides that:

Article 153
The YDPA has
the
responsibility
for
safeguarding
of the
legitimate
interests of
other
communities
in accordance
with Article
153:
Parliament may not restrict any business or trade solely for bumiputras

Civil servants must be treated impartially regardless of race

Article 153 cannot deprive any person of any public office already held
by such person
No person may be deprived of any federal scholarship etc. already
enjoyed by such person
Laws reserving quotas in trade licences and permits 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

102

103
By Operation of Law
By Registration
By Naturalisation
By Incorporation of Territory
Malaysian citizenship may be acquired:
The Malaysian Constitution Citizenship

For more info
please
contact:
104
For
Persons
born
before
Malaysia
Day
Every person who immediately before 31 Aug 1957 was a
citizen of the Federation under the Federation of Malaya
Agreement 1948.
(Para 1(1)(a) of Part I of the 2
nd
Schedule)
Every person born in the Federation on or after 31 Aug 1957
and before Oct 1962.
(Para 1(1)(b) of Part I of the 2
nd
Schedule)
Every person born in the Federation after Sept 1962 of whose
parents one at least was at the time of the birth either a
citizen or permanent resident of the Federation.
(Para 1(1)(c) of Part I of the 2
nd
Schedule)
Every person born in the Federation after Sept 1962 who was
not born a citizen of any other country.
(Para 1(1)(c) of Part I of the 2
nd
Schedule)

105
For
Persons
born
before
Malaysia
Day
Every person born outside the Federation on or after
Merdeka Day whose father was a citizen at the time of
his birth and either was born in the Federation or was
at the time of the birth in service under the
Government of the Federation or a State.
(Para 1(1)(d) of Part I of the 2
nd
Schedule)
Every person born outside the Federation on or after
Merdeka Day whose father was a citizen at the time of
the birth, if the birth was, or is, within one year of its
occurrence or within such longer period as is in any
particular case was or is allowed by the Federal
Government, registered at a consulate of the
Federation or, if it occurred in Singapore, Sarawak,
Brunei or North Borneo, registered with the Federal
Government.
(Para 1(1)(e) of Part I of the 2
nd
Schedule)
106
For
Persons
born on
or after
Malaysia
Day
Every person born within the Federation of
whose parents one at least is at the time of the
birth either a citizen or permanently resident in
the Federation.
(Para 1(a) of Part II of the 2
nd
Schedule)
Every person born within the Federation who is
not born a citizen of any other country.
(Para 1(e) of Part II of the 2
nd
Schedule)

107
For
Persons
born on or
after
Malaysia
Day
Every person born outside the Federation whose father is at
the time of the birth a citizen and either was born in the
Federation or is at the time of the birth in the service of the
Federation or of a State.
(Para 1(b) of Part II of the 2
nd
Schedule)
Every person born outside the Federation whose father is at
the time of the birth a citizen and whose birth is, within one
year of its occurrence or within such longer period as in any
particular case is allowed by the Federal Government,
registered at a consulate of the Federation or, if it occurred in
Brunei or such territory as may be prescribed by the YDPA,
registered with the Federal Government.
(Para 1(c) of Part II of the 2
nd
Schedule)
Every person born in Singapore of whose parent one at least is
at the time of the birth a citizen and who is not born a citizen
otherwise than by virtue of this paragraph
(Para. 1(d) of Part II of the Second Schedule)

108
For
Foreign
Wives of
Citizens
Any foreign wife of a Malaysian citizen (the marriage must
have been registered under Malaysian law) is entitled to be
registered as a Malaysian citizen if she satisfies the Federal
Government that she has resided in Malaysia throughout
the two years preceding her citizenship application and
intends to do so permanently, and is of good character.
Any foreign wife of a Malaysian citizen (the marriage must
have been registered under Malaysian law) is entitled to be
registered as a citizen if at the beginning of October 1962, (a)
the marriage was subsisting and (b) her husband was a citizen.

109
For
Persons
under 21
The Federal Government may register as a citizen
any person under 21 years old whose parents one
at least is (or was at death) a citizen, upon
application.
Any person under 21 years old who was born
before Oct 1962 - whose father is (or was at death)
a citizen and was also a citizen at the beginning of
Oct 1962 (if then alive) - is entitled to be registered
as a citizen if he is ordinarily resident in Malaysia
and is of good character.

The Federal Government may, in such special
circumstances as it thinks fit, register any person
under the age of 21 as a citizen.
110
For
Persons
born in the
Federation
before
Merdeka
Day
Any person of or over 18 years old who was born
in the Federation before Merdeka Day is entitled,
upon application, to be registered as a citizen if
he satisfies the Federal Government that:
(a) He has resided in the Federation during the
seven years preceding the date of the application
for periods amounting to a total of not less than 5
years;
(b) He intends to reside in the Federation
permanently;
(c) He is of good character; and
(d) He has an elementary knowledge of the Malay
language

111
For Persons
resident in
the States
of Sabah
and
Sarawak on
Malaysia
Day
Any person of or over 18 years old who is on Malaysia Day
ordinarily resident in Sabah or Sarawak is entitled, upon
application before Sept. 1971, to be registered as a citizen
if he satisfies the Federal Government that:
(a) He has resided before Malaysia Day in Sabah or
Sarawak and after Malaysia Day in the Federation for
periods amounting to a total of not less than 7 years in the
10 years before the application date, and which includes
the 12 months prior to the application date;
(b) He intends to reside in the Federation permanently;
(c) He is of good character; and
(d) He satisfies the language requirements stipulated in
Article 16A(d).

Note: This right expired on September 1971.

112
For
foreigners
The Federal Government may, upon application, register as
a citizen any person of or over 21 years old who has
resided in Malaysia for the required minimum periods:

In addition the applicant must intend to reside in Malaysia
permanently, have good character and have an adequate
knowledge of the Malay language.

Y1 Y2 Y3 Y4 Y5 Y6 Y7

Y8 Y9 Y10 Y11 Y12
Date of
application
#1: Must have resided in Malaysia for at least 10 years
during the period of 12 years before the date of the citizenship application, and
#2: Must have resided in Malaysia during the 12 months
before the date of the citizenship application
113
If any new territory is added to the
Federation after Malaysia Day,
Parliament may determine what
persons who are connected to that
territory are to become citizens of
Malaysia.

114

115
The Malaysian Constitution Elections

PM advises the
YDPA to appoint
a person
selected by the
PM as a
member of the
EC
YDPA appoints*
that person to
the EC, after
consulting the
Conference of
Rulers
The 7 members of the EC are in effect
appointed by the Prime Minister, through
this process:
Chairman, EC
Deputy Chairman, EC
Ordinary Member, EC
Ordinary Member, EC
Ordinary Member, EC
Ordinary Member, EC
Ordinary Member, EC
* The YDPA, as a constitutional monarch, is required
to act on the advice of the PM
PM
116
Security of Tenure
To enhance the independence of the
Election Commission, its members:
cannot be removed except on
exceptional grounds, such as
infirmity of mind or bankruptcy
cannot be MPs, senators or State
legislative assembly members
Furthermore, their remuneration and
other terms of appointment cannot
be altered to their detriment.


Chairman, EC
Deputy Chairman, EC
Ordinary Member, EC
Ordinary Member, EC
Ordinary Member, EC
Ordinary Member, EC
Ordinary Member, EC
117
The main functions of the EC are:
1
Conduct Federal and
State elections
2
Prepare and revise
electoral rolls for
elections
3
Recommend alterations
to Federal and State
Constituencies

Review of Federal and State Constituencies
The EC has the discretion to decide when to conduct reviews of constituencies
and recommend changes. There must be at least 8 years between the end of one
review and the start of the next but there is no maximum period between them
(Art 113(2)(ii)). However, once started, a review must be done within 2 years.
Review I
(To take no more
than 2 years)

Review II
(To take no more
than 2 years)
Period between reviews
8 to infiniti years
Minimum 8 years. No maximum.
(Art 113(2)(ii))
118
119
Guiding Principles/Considerations for Review
Constituencies
should not cross
State boundaries
State
constituencies
should not cross
federal
constituencies
Availability of
administrative
facilities within
each constituency
for registration and
voting
Number of voters
in each state
constituency
should be
approximately
equal, with
weightage for area
in respect of rural
constituencies
The inconveniences
arising from the
alteration and the
maintenance of
local ties

1 2 3 4 5
120
Currently, the Constitution fixes the number of
federal constituencies at 222, divided as follows:
Sarawak
31
Perak
24
N. Sembilan
8
K. Lumpur
11
Selangor
22
Penang
13
Johor
26
Perlis
3
Kedah
15
Labuan
1
Kelantan
14
Terengganu
8
Pahang
14
Sabah
25
Malacca
6
Putrajaya
1

121
A
g
e

Is 21 on the
qualifying date
R
e
s
i
d
e
n
c
y

Is resident in a
constituency or, if
not a resident, is an
absent voter
R
e
g
i
s
t
r
a
t
i
o
n

Is registered in the
electoral roll as an
elector in the
constituency in
which he resides on
the qualifying date
A citizen may vote in an election if he or she:
Qualifying date
means the date on
which the person
applies for
registration as a
voter
Absent voter means any
citizen who is registered as
an absent voter for a
constituency

How to Register?
For information on how to
register as a voter, please
visit
http://www.spr.gov.my


122

123
Yes 2/3*
Dewan Rakyat Dewan Negara
Consent
(if applicable)
Conference of Rulers

Only for amendments pertaining to:
The Federal guarantee of State Constitutions
The status of Islam
The special position of bumiputras
The Malay language as the official language
Others (see Article 159(5) for the full list)
State of Sabah or Sarawak or their
Yang di-Pertua Negeri

Only for amendments pertaining to:
The High Court of Sabah and Sarawak
Matters within the State legislative powers
Special treatment of natives of the State
Others (see Article 161E for the full list)

Yes 2/3*
* Except for certain minor amendments, an absolute
majority of 2/3rds of the total number of members of
each House is required. This means that for the
Dewan Rakyat at least 148 of its 222 members must
vote in favour and for the Dewan Negara, 47 out of 70
must vote in favour.
The Constitution may be amended by Federal law passed in accordance with
these additional requirements:
The Malaysian Constitution Constitutional Amendments

124
118
42
30
40
48
397
Formation of Malaysia
Singapore Independence
Creation of Federal Territories
Creation of Two Tier Appeal Courts
Modernising Terms eg "Muslim law"
to "Islam"
Other Amendments
* Based on the
annotations to the 2006
Reprint of the Federal
Constitution
Methodology: Each
amended Article
pursuant to an
amending legislation
count as one individual
amendment. See pages
209 229 of the Reprint
There have been approximately 675* individual amendments to the
Constitution. 41% of the amendments can be attributed to:
Territorial changes: the
creation of Malaysia, the
departure of Singapore and
the creation of three Federal
Territories
Creation of the Federal
Court: for the
restoration of a two tier
appellate court system
Modernising of terminology:
such as replacing Borneo
States with Sabah and
Sarawak and Muslim religion
with Islam
The Malaysian Constitution Constitutional Amendments

125

125
126
Malay is the national language
But no person is prohibited from
using, teaching or learning, any other languages
(other than for official purposes )
In addition, the Federal or any State Government
may preserve or sustain the use and study of the
language of any other community in Malaysia

Official purposes means any purpose of the Government, whether
Federal or State, and includes any purpose of a public authority

The Malaysian Constitution Other Provisions

127

All revenues
and moneys
howsoever
raised or
received by
the Federation
Authorised
payments, such as:
Annual budget
expenditure
Pensions
National debt
charges
All moneys received by the Federal Government must be paid into a single fund,
known as the Consolidated Fund. All withdrawals must be done in accordance
with the Constitution.
Federal Consolidated Fund

OUT IN
128
Appointment and Removal
The Attorney General (AG) is appointed by the Yang di-
Pertuan Agong (YDPA) on the advice of the Prime
Minister, and remains as Attorney General at the
pleasure of the YDPA.
Duties
Amongst other things, the AGs roles include advising
the Executive on legal matters.
As public prosecutor, the AG has full discretion in
instituting proceedings for offences committed except
for those under the jurisdiction of the Shariah court,
native court or court martial.
The AGs decisions on whether or not to prosecute
someone cannot be challenged in Court.


http://www.agc.gov.my

129
Appointment and Removal

The Auditor General is appointed by the YDPA on the
advice of the Prime Minister, after consulting the
Conference of Rulers.

The Auditor General shall not be removed from office
except on the like grounds and in the like manner as a
judge of the Federal Court.

Powers and Duties

The Auditor General audits and reports on the
accounts of the Federation and the States.

The reports of the Auditor General must be presented
to the Dewan Rakyat.


http://www.audit.gov.my

Click to read the
Auditor Generals
2010 Audit Report
on the Federation.
National Feedlot
Corps report on
pages 135 - 147.
130

A member of the Dewan Negara or Dewan
Rakyat is disqualified if he or she:

is of unsound mind
is an undischarged bankrupt
holds an office of profit in the public services, such as a
High Court judge
has failed to lodge any return of election expenses
has voluntarily acquired a foreign citizenship or declared
allegiance to a foreign country or exercised rights of
citizenship of a foreign country
has been convicted and sentenced to:
imprisonment for a term of not less than one year
or
a fine of not less than RM2,000

131
A member of the Dewan Negara or Dewan Rakyat may voluntarily resign as an
MP or Senator at any time.

Q: Can an MP or Exco member give his or her party an undated, signed resignation letter which the
party can submit to the House without the members further consent?

A: No. The Federal Court held that this type of arrangement is void and unenforceable. See Ong - vs -
Sinyium Mutit [1983] 1 MLJ 36 (Salleh Abbas FJ)

Political
Party

Parliament
or State
Legislative
Council
Date:______
To Speaker of House
I hereby tender my resignation
from being a member of this
House with immediate effect.
Yours faithfully
Sgd. by member
MP/
Exco
member

132
Yes 2/3*
Yes 2/3*
NLC
Article 91 establishes the National Land Council.
Its members are a Minister, one representative from each State,
and up to 10 representatives appointed by the Federal
Government.
The NLC has the duty to formulate, in consultation with Federal
Government, the State governments and the National Finance
Council, a national policy for the promotion and control of land
utilisation for mining, agriculture, forestry or any other purpose.
The Federal and State Governments must follow the national
policy, but the Governments of Sabah and Sarawak are not
required to do so unless both Parliament and the Yang di Pertua
Negeri of the relevant State agree that that State Government
shall be bound.

133
Yes 2/3*
Yes 2/3*
NCLG
Article 95A establishes a National Council for Local
Government (NCLG).
Its members are a Minister, one representative from each State,
and up to 10 representatives appointed by the Federal
Government
The NCLG has the duty to formulate, in consultation with
Federal and State governments, a national policy for the
promotion, development and control of local governments in
the Federation.
The Federal and State Governments must follow the national
policy, but the Governments of Sabah and Sarawak are not
required to do so unless both Parliament and the relevant State
Legislature agree that that State Government shall be bound.

134
Armed Forces
1
Judicial and Legal Service
2
General Public Service
3
Police Force
4
Joint Public Services
5
States Public Services
6
Education Service
7
The Constitution establishes the following public services:

Constitutional Landmarks
in Malaysia
Editors Harding and Lee
135
Bahasa Malaysia text
of the Constitution

English text
of the Constitution

www.perlembagaanku.com

A national campaign to
educate the Malaysian
public and create
greater awareness
about the Federal
Constitution.

Document of Destiny The
Constitution of the
Federation of Malaysia
by Shad Saleem Faruqi

The Constitution of
Malaysia
A Contextual Analysis
by Andrew Harding

The Malaysian Constitution
136
Homepage:
http://www.slideshare.net/mbl2020
137
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138
This presentation is a free educational guide to understanding the Federal
Constitution of Malaysia. It does not purport to be comprehensive or
accurate and it does not constitute legal advice. All liability arising as a
result, directly or indirectly, of acting or refraining from action on the basis
of any matter contained in this presentation is expressly disclaimed by the
author. Please seek your own legal advice for any constitutional law
matter.

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Last Updated 9 June 2013

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