CONSTITUTION OF

MALAYSIA
 DEFINITIONS
• K. Ramanathan:
prinsip-prinsip asas yang mengasaskan sesebuah negara,
memastikan bagaimanakah sesuatu keputusan kerajaan itu
akan dibuat, bagaimana kuasa akan diagih-agihkan antara
institusi-institusi kerajaan, menetapkan satu kewibawaan
ideal sesebuah negara itu dan memperkenalkan satu sistem
pemerintahan seperti termaktub sama ada dalam undang-
undang, adat mahupun Majlis Piagam Perjanjian”.
 Malaysian Constitution consists of 3 list

• a. Federal List
• b. State List
• c. Federal and State List
 M ai n p r o vi s i o n i n
t h e con st i t u t i o n

L an g u ag e R el i g i o n ci t i z en sh i p sp eci a l p r i v i l e d g es p er s on al
l i b er t i e s
 Malay Language

• In the Malaysian Constitution the provision for the

Malay Language as the national language is recorded
under Article 152, Section XII which underlines that:
2. The national language decided upon is the Malay
Language.
3. Nobody will be prohibited or hindered from using,
teaching or learning another language.
4. The government has the right to maintain the use and
learning of the language of any other community in
the Federation.
 The Special Position of the Malays

• The Malaysian Constitution has a special

provision under Article 153 that protects the
special rights of the Malays and the Bumiputras of
Sabah and Sarawak.The provision involves the
special reservation for Malays and Bumiputras of
quotas for;
2. Scholarships
3. Posts in the public service
4. Business and
5. Industrial licenses
 Religion
• Religion is provided for in Part 1, Chapter 3 of the Malaysian
Constitution. The Constitution clarifies that;
2. Islam is the official religion of the federation, but other
religions are allowed to be practised in peace and harmony in
any part of the Federation.(Article 1)
3. In states that have a ruler or sultan as head of state, the sultan
or ruler is the head of Islam in the state concerned (Article 2).
4. For states without a sultan or ruler (Sabah, Sarawak, Malacca
and Penang Island) and the Federal Territories (Kuala
Lumpur, Labuan, Putrajaya) the head of Islam is the Yang
Dipertuan Agong. (Article 3).
 Personal Liberty
• Citizenship is a special status held by the people who have the
right to be in a country. This status gives rights, benefits and
certain facilities. Some of the special rights a citizen obtains
are:
2. The right to vote in an election
3. The right to take an active part in politics including contesting
for an election seat.
4. The right to fill a post that is exclusively for citizens only.
5. Free to own landed property and to be considered for special
terms relating to property development.
6. The right to receive a number of benefits and facilities in the
country including, welfare benefits, education and so on.
7. Freedom of movement throughout the country.
8. The right not to be exiled
 Citizenship
(ways of acquiring citizenship)

A person can obtain citizenship status in

Malaysia based on:
• Operation by law
• Registration
• Jus Sainguinis
• Naturalisation
 Operation by law
• The mother or father is a citizen at the time of
his birth.
• At the same of his birth, the mother or the
father has been residing in the country or
• At the time of his birth he was not a citizen of
any country.
 Registration

• If the husband is a citizen in October 1962 or

prior to that, and the marriage is still binding
or
• The foreign women has lived in the Federation
for two years before the application is made,
has the intention to continue living in the
Federation and is off good conduct.
 Jus Sanguinis

• His own father was born in Malaysia or

• His father holds a post in the Public Service at
the Federal or State level or
• His birth was registered at the office of a
Malaysian Consulate or with the Malaysian
government within one year after his birth.
 Naturalization

• Aged 21 and above, and

• Have lived in the Federation for at least 10 out
of 12 years from and up to the date of
application, and
• Have the intention to live permanently in the
country, and
• Of good conduct, and
• Have sufficient knowledge of the Malay
language
 Loss of Citizenship Status
• He has become the citizen of another country.
• He is enjoying all the rights and facilities in
another country
• A women becomes the citizen of a foreign
country through marriage with a man from the
country concerned.
• Acts negatively showing he is no longer loyal
to Malaysia.
• Has business or ties with a hostile country.
 GROUP DISCUSSION

• Some are of the opinion that the constitution need not be

amended because it is a document that is serious and has
been carefully thought out during its drafting. What do you
think? Give reasons for your views.
• What do you understand by the concept “Supremacy of the
Constitution”? Explain the supreme features of the
Malaysian Constitution.
• What do you mean personal liberty? Refer to the
Constitution of the Federation of Malaysia and the practice
of Parliamentary democracy in Malaysia, discuss the
allowances and the limits of the freedom under discussion.
 References
• Hasnah Hussiin, Mardiana Nordin (ed),
Pengajian Malaysia, Fajar Bakti Sdn.
Bhd., Kuala Lumpur, 2000.
• Tun Mohamed Suffian Bin Hashim,
Mengenal Perlembagaan Malaysia,
Dewan Bahasa dan Pustaka, Kuala
Lumpur, 1987.
• Perlembagaan Malaysia.