The Malaysian Constitution

An Introduction to the
Malaysian
Constitution
Last Updated 9 June 2013
THIS PRESENTATION IS FOR EDUCATIONAL PURPOSES

ONLY
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An Introduction to the Malaysian Constitution
Contents
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
Contents
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
Contents
8. Legislative Provisions (page
10. Special and Emergency

Powers (page 91)
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
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
Citizenship
Citizenship
Citizenship
Territory
by
by
by
by
Operation of Law
Registration
Naturalisation
Incorporation of
4
Contents
13. Elections (page 114)
Election Commission
ECs Main Functions
Review of Constituencies
Federal Constituencies
Voters
14. Constitutional Amendments (page 122)
Constitutional Amendment Process
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.
Other
Provisions
125)or refraining from
All liability arising as a 15.
result,
directly
or indirectly,(page
of acting
on theand
basisOther
of anyLanguages
matter contained in this presentation is expressly
action
National
5
disclaimed by the author. Please seek your own legal advice for any
1
History
ONLY

6
The Malaysian Constitution
Main Features
The Constitution created the Federation

Article 1
Est.
195
7
The Constitution created the

Federation
It gave birth to a new, independent and sovereign
nation.
History
Merdeka Day, 31 August 1957

Est.
195
7
The Federation
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

Terengganu, Negeri
Sembilan, Pahang, Perak,
Perlis, Selangor, Melaka,
and
Pulau Pinang
History
Malaysia Day, 16 September 1963

Est.
195
7
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.
The Federation
Johor, Kedah,
Kelantan,
Terengganu, Negeri
Sembilan, Pahang,
Perak, Perlis,
Selangor, Melaka,
and Pulau Pinang
+Sabah
+Sarawak
+Singapore
History
History
Was Malaysia a new nation?

Est.
195
7
The Federation
Official Statement to the United Nations on 16 September 1963

The Malayan permanent representative to the UN issued a statement to
the 18th 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).
10
History
History
Life of the Federation
Established by the Federal Constitution on 31 August 1957

Est.
195
7
The Federation
Member States of the Federation
Name of the
Federation

Terengganu,
Negeri Sembilan, Pahang,
Perak, Perlis, Selangor, Melaka,
and Pulau Pinang
+ Sabah
Federation of
Malaya
+
Sarawak
+
Singapor
e
Malaysia
Singapore
11
Dates
Merdeka Day
31 Aug
1957
Malaysia
Day
16 Sep
91963
Aug
1965
Present
Date
2
Main Features
ONLY

12
Main Features
Key Elements of the Malaysian Constitution
Executive
Legislature
Judiciary
The
Constitution
is the
Supreme
Law of
Malaysia
Malaysia is a
Constitution
al Monarchy
There are
three
branches of
Government
the
Legislature,
the
Executive
13
Main Features
Constitution as Supreme Law

Article 4
The Constitution is the supreme law of

Malaysia
Any law passed after 31 Aug 1957 which is
inconsistent with the Constitution shall be
void.
e
r
p
Su
me
Law
14
Main Features
Constitutional Monarchy
Articles 32, 39 and 40
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.
15
Main Features
The Three Branches of Government
Executive
Legislature
Judiciary
http://www.parlimen.gov.my
http://www.malaysia.gov.my
Legislature
(Badan
Perundangan)
Makes laws
Executive
(Eksekutif)
Administers the
law
http://www.kehakiman.gov.my
Judiciary
(Badan
Kehakiman)
Interprets the
law
16
3
The Legislature
ONLY

17
The
TheLegislature
Legislature
Parliament
Article 44
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.
YDPA Dewa Dewa

n
n
Raky Nega
at
ra
18
The Legislature
Dewan Rakyat
Article 46
222 MPs
The Dewan Rakyat has
222 elected members.
MPs by State
31
26
25
24
15
14
14
6
22
13
11
8
3
1
19
The Legislature
Dewan Negara
Article 45
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
Senators appointed by the YDPA

for the Federal Territories
4
26
Senators elected by
State Legislatures
40
A person can only be

a Senator for a
maximum of two
Other Senators appointed by the YDPA
terms, whether
20
The Legislature
Dewan Rakyat and Dewan Negara

Articles 45 - 54
Number of
Members
Dewan
Rakyat
222
Dewan
Negara
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 3 years, unaffected by

Parliament
dissolution of
Parliament.
A person can only be a
Senator for a
maximum of two
21
terms, whether
The Legislature

Articles 44 - 68
Legislative Authority to Make Federal

Laws
Parliament may make federal laws in respect of
matters falling under the Federal List or the
Concurrent List.
1
Federal
List
Concurrent
List
State
List
(Parliament
only e.g.
defence,
finance,
security,
citizenship )
(Parliament
and State e.g.
housing, national
park, social welfare)
(State
Legislature
only, e.g. local
government,
Syariah courts,
mining)
22
The Legislature

Articles 44 - 68
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
23
The Legislature
Parliamentary Cycle
Article 55
5 Years*
1
*
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
New
Parliament
Starts
13th Parliament
First Meeting
24 June
2013
Parliament Elections
Next
Dissolved within Parliament
60 days of within
dissolution 120 days of
dissolution
13th Parliament
Automatic
Dissolution
24 June
4
The Executive
ONLY

25
The Executive
The Executive
Articles 39 43
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.
26
The Executive
Exercise of Executive Power

Articles 39 - 43
Subject to federal law, the executive authority

vested in the YDPA may be exercised by:
The
Cabinet
Yang diPertuan
Agong
(YDPA)
A Minister
authorised
by Cabinet
Any person
authorised
by law
27
The Executive
Appointment of Cabinet
Article 43
Acting in his discretion,

the YDPA
first appoints
as Prime Minister a
1. YDPA
appoints
PM
member of the Dewan Rakyat who in the YDPAs judgment is
likely to command the confidence of the majority of that Dewan;
and
2. YDPA appoints other Ministers

Acting on the advice of the PM, the YDPA appoints other Ministers
under PMs advice
from among the members of either the Dewan Rakyat or the
Dewan Negara.
Cabinet is formed
28
Dewa
n
Raky
at
Dewa
n
Raky
at
Dewa
n
Negar
a
The Executive
Must the PM be of any particular race or religion?
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.
29
The Executive
Resignation of PM
Article 43(4)
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.
MB
NEXT:
NEXT:
Read
Read about
about the
the Perak
Perak Menteri
Menteri Besar
Besar case
case which
which interpreted
interpreted the
the
equivalent
equivalent provisions
provisions in
in the
the Perak
Perak State
State Constitution
Constitution
30
The Executive
The Perak Menteri Besar Case

Dato Seri HJ Mohd Nizar bin Jamaluddin v. Dato Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010)
BEFORE
28
AFTER
MB
31
PR
BN
31
28
PERAK STATE CONSTITUTION

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.
31
PR
BN
The Executive

Dato Seri HJ Mohd Nizar bin Jamaluddin v. Dato Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925 (Federal Court, 2010)
Ruling
coalition loses
majority in
State
Assembly
MB and Exco
resigns
MB seeks
Sultans
consent to
dissolve
Assembly
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.
Consent
Granted
State
Assembly is
dissolved.
Elections held.
Consent
NOT
Granted
MB and Exco
must resign
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
32
The Executive

Dato Seri HJ Mohd Nizar bin Jamaluddin v. Dato Seri Dr. Zambry bin Abdul Kadir [2010] 2 CLJ 925
(Federal Court, 2010)
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.
33 for a MB to
Voluntary Act of Resignation not Required - It is mandatory
The Executive
Removal of Other Ministers

Article 43(5)
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.
DPM
NEXT
NEXT
Read
about
the
Deputy
Prime
Minister
Read about the Deputy Prime Minister case
case which
which interpreted
interpreted this
this
provision
provision
34
The Executive
The Deputy Prime Minister Case

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
35
5
The Judiciary
ONLY

36
The Judiciary
The Judiciary
Articles 121 131A
The power to interpret laws, including the

Constitution, lies with the judiciary.
Federal Court
Court of Appeal
High Court
of Malaya
Subordinat
e Courts
High Court
of Sabah
and
Sarawak
Subordinat
e Courts
Syariah
Courts
The High Courts
and the Subordinate
Courts have no
jurisdiction
over
37
The Judiciary
Appointment of Judges
Article 122B
Judges are in effect appointed by

the Prime Minister, through this
process:
PM
PM consults
persons
stipulated in
Art 122B
(e.g. the
Chief Justice
of the
Federal
Court)
President of the
Court of Appeal
PM
PM advises
the YDPA to
appoint the
person
selected by
the PM as a
judge
* The YDPA, as a constitutional

monarch, is required to act on the
advice of the PM
Chief Justice of
the Federal
Court
YDPA
appoints*
that person
as judge,
after
consulting
the
Conference
of Rulers
Chief Judge of a
High Court
Other Federal
Court Judges
Other Court of
Appeal Judges
Other High
Court Judges
38
The Judiciary
Judges Security of Tenure

Article 125
Once appointed,
judges cannot be
removed except
under exceptional
circumstances
(such as infirmity
of mind) by a
tribunal of judges.
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
39
The Judiciary
The Separation of Powers Case

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.
40
6
The
Conference of
Rulers

ONLY

41
The Conference of Rulers

Article 38 and the Fifth Schedule
The Conference is a constitutional body

comprising the Rulers and the Yang diPertua-Yang di-Pertua Negeri.
42
Functions of the Conference of Rulers

Article 38
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
43
7
Fundamental
Liberties
ONLY

44
Fundamental Liberties
Deprivation of Life or Liberty only in accordance with Law

Article 5(1)*
No one can be deprived of ones

life or personal liberty
except in accordance with law.
* Not applicable to laws passed under Article 149 or Article 150
45
Habeas Corpus
Article 5(2)*
Where a person is being unlawfully

detained, the High Court has the
power to release the detainee.
46
Right to Grounds of Arrest and to Counsel

Article 5(3)*
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.
47
Judicial Approval for Extended Detention

Article 5(4)*
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.
48
No Slavery
Article 6(1)*
No one shall be held in slavery.
* Not applicable to laws passed under Article 150
49
No Forced Labour
Article 6(2)*
All forms of forced labour are

prohibited
but Parliament may by law provide for
compulsory service for national purposes.
50
No Retroactive Criminal Laws

Article 7(1)*
No one shall be punished for an act

or omission which was not
punishable by law when it was done
or made.
51
No Retroactive increase in Penalties

Article 7(1)*
No one shall suffer greater

punishment for an offence than was
prescribed by law at the time it was
committed.
52
No Repeat Trials
Article 7(2)*
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.
53
Equality
Article 8(1)*
All persons are equal before the

law and entitled to the equal
protection of the law.
54
No discrimination on the ground of Religion, Race, Descent, Place of

Birth or Gender in certain matters (Article 8(2)*)
appointm
ent to any
office or
employme
nt under a
public
authority,
or
* Not applicable to laws passed under

Article 150
Admin of Certain
Laws
law, or
Public Authority
Law
Except as authorized by the

Constitution, no citizen shall be
discriminated on the ground only of
religion, race, descent, place of birth
in any
inor
thegender: 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,
55
No discrimination in favour of State Subjects

Article 8(3)*
There shall be no discrimination in

favour of any one because he or she is
a subject of the Ruler of any State.
56
No discrimination by Public Authority on grounds of out of Jurisdiction

Article 8(4)*
No public authority shall discriminate

against any person because such a
person is resident or conducting
business outside the jurisdiction of the
authority.
* Not applicable to laws passed under

Article 150
57
Equality in Public Education and Financial Aid*

Article 12(1)
of any educational
institution maintained
by a public authority,
and, in particular, the
admission of students
or the payment of
fees, or
Financial Aid
Administration
There shall be no discrimination against

any citizen
by reason of
religion,
race, descent orin
place of birth:
in the administration
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
Exceptions
Malaysia).
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
58
Fundamental
Liberties
Fundamental
Liberties
No Banishment from Malaysia

Article 9(1)*
No citizen shall be banished or

excluded from Malaysia.
59
Fundamental
Liberties
Fundamental
Liberties
Freedom of Movement and of Residence

Article 9(2)/(3)*
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
60
order, under
publicArticle
health,
or the punishment of offenders
* Not applicable to laws passed
149
Freedom of Speech
Fundamental
Liberties
Fundamental
Liberties
Article 10(1)(a)*
Every citizen has the right to

freedom of speech and expression.
def
ghi
xyz
abc
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
61
To provide
against
contempt
of court,
defamation, or incitement
to
* Not applicable
to laws passed
under Article
149 or Article
150
The Executive
The UKM 4 Case

Muhammad Hilman bin Idham & 3 Others. (Appellants) v University Kebangsaan Malaysia & 2 Ot
hers (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
62
Freedom of Assembly
Article 10(1)(b)*
All citizens have the right to assemble

peaceably and without arms.

In the interest of national security or
In the interest of public order
63
Freedom of Assembly and its Constitutional Restrictions
Freedom of Assembly
Art 10(1)(b)
Constitutional
Restrictions
Art 10(2)(b)
64

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.
65

Sec. 27 of the Police Act 1967
This was repealed on

23 April 2012
by the
Police (Amendment) Ac
t 2012
and replaced by the
Peaceful Assembly Act
2012 please see the
next slide
66

In Peaceful Assembly
Operatio
Specified assembly
n from
e.g. wedding
23 April
reception
2012
Assembly at
designated place of
assembly
Act 2012
Go
!
Assembly at or within
50m of prohibited
places
A street protest i.e.
a mass march or rally
All other assemblies
Notificatio
n
Process
67
Peaceful Assembly Act 2012

What is the difference between an assembly and a
An
street protest?
OK
assembly
may be
moving.
Thus
processions
are allowed
in
assemblies.
A street
protest
involves
people
walking in a
mass march
or rally.
68
Freedom of Association
Article 10(1)(c)*
All citizens have the right to

form associations.

In the interest of morality, national security or public order
In any law relating to labour or education
69
The Executive
The Kelantan Anti Party-Hopping Law Case

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
70 being of
member of a State Legislative Assembly can be disqualified (e.g.
Freedom of Religion
Article 11 (1)/(4)
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.
This Article does not authorise any act contrary to any law relating to
public order, public health or morality
71
Limitation on Religious Taxes

Article 11(2)
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.
72
Right to manage Religious Affairs and Institutions

Article 11(3)
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.
73
Right to establish Religious Schools

Article 12(2)
Every religious group has the right to

establish and maintain institutions for
the education of children in its own
religion.
74
No compulsory Religious Education and Ceremonies in another

Religion Article 12(3)/(4)
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.
75
Right to Property
Fundamental
Liberties
Fundamental
Liberties
Article 13(1)*
No person shall be deprived of

property save in accordance with law.
76
No Compulsory Acquisition without adequate Compensation

Article 13(2)*
No law shall provide for the

compulsory acquisition or use of
property without adequate
compensation.
77
8
Legislative
Provisions
ONLY

78
Legislative Provisions
Procedures for making Federal law

Articles 66 - 68
Passed
by
Dewan
Rakyat
Passed
by
Dewan
Negara*
Passed
by
Dewan
Negara#
Passed
by
Dewan
Rakyat
Step 1
The Bill is first
passed by the
Dewan Rakyat
or the Dewan
Negara.
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
Assented
to
by the
Yang diPertuan
Agong@
Federal Law
Step 3
Lastly the Yang
di-Pertuan
Agong assents
to the Bill.
* The Dewan
Negara cannot
originate Bills
relating to
taxation, Federal
loans and
guarantees, the
Consolidated
If the Yang diPertuan Agong

does not assent to
a Bill within 30
days after it has
been presented to
him, it shall
@
79
Federal and State Legislative Powers

Articles 74 - 79
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
1
Federal
List
(Parliament)
2
3
Concurrent
List
(Parliament
and State)
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
Federal law will prevail over State law in the event of any
inconsistencies.
80
1. Federal Legislative List

9th Schedule, List I
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 9th Schedule of the
Defence
Criminal
Law
Citizenship
Finance
Currency
Communicat
ions
81
2. State Legislative List

9th Schedule, List II
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 9th Sch. of the
Laws for
Muslims
Syariah
Court
Land
Forestry
Mining
Libraries
82
3. Concurrent Legislative List

9th Schedule, List III
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
Water
Supplies
Fire Safety
Heritage
National
Parks
Sports
Housing
83
9
Islam, Islamic
Law and Syariah
Courts

ONLY

84
Islam, Islamic Law and Syariah Courts
Religion of Malaysia
Article 3
Islam is
the
religion
of
Malaysia.
But this
does not
affect the
other
provisions
of the
Constituti
on
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.
85
Relationship between secular law and Islamic law
e
t
a
t
S
Secular law
Islamic
law
Secular law
applies to
everyone*
NonMuslim
Mus
Islamic
laws
apply to
Muslims
only
lim
* 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.
# For the Federal

Territories, Islamic
law comes under
Federal
jurisdiction (para
4(k) of the Federal
List)
86
Constitutionally permitted Islamic Laws

th Schedule)
(Para 1 of the State List, 9th
Islamic
laws do
not
apply to
nonMuslims
NonMuslim
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
e
t
a
t
S
Islamic
law
Mus
lims
only
87
Relationship between criminal and Islamic offences

(Para 4 of the Federal List and Para 1 of the State List, 9th Schedule)
Criminal
offences
e
t
a
t
S
l
a
r
e
Fed
Islamic
offence
Islamic
s
offences*
Secular
Criminal
law
offences
appliesapply
to
to
everyone*
everyone
NonMuslim
Mus
lim
apply to
Muslims
only
* Means
offences by
Muslims
against the
percepts of
Islam. Does not
include
criminal
offences
88 which is under
Syariah Courts Jurisdiction for Islamic Offences

Paragraph 1 of the State List, 9th Schedule
Jail
Fine
Whipping
Max:
Max:
Max:
3 years
RM5,000
6 whips
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
e
t
a
t
S
Islamic
offence
s
Mus
lims
only
89
Syariah Courts Jurisdiction
Paragraph 1 of the State List, 9th Schedule
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.
e
t
a
t
S
Islamic
law
Mus
lims
only
90
10
Special and
Emergency
Powers

ONLY

91
Special and Emergency Powers
Laws against Subversion etc.

Article 149
The ISA has

been repealed
and replaced
by the
Security Offen
ces
(
Special Measur
es)
Act 2012
Art. 5 (Liberty of Person),
Art 9 (Banishment/ Freedom of

Movement),
Art 10 (Freedom of Speech) and
Art 13 (Rights to Property).
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
92 Act
Preventive Measures)
Emergency Powers
Article 150
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
93
Emergency Powers
Article 150
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
94
Emergency Powers
Article 150
Since Merdeka, four emergencies have been proclaimed and all

have been revoked, either by the Courts or by Parliament.
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.
1964 - Nationwide
emergency due to
the IndonesiaMalaysia
confrontation
1960
1966 - Sarawak
only, due to the
Stephen Kalong
Ningkan political
crisis
24 Nov 2011
Dewan Negara
20 Dec 2011
1977 - Kelantan
only, due to a
state political
crisis
1957
-Merdeka
1950
Dewan Rakyat
1970
1969 Nationwide
emergency
due to
the May 13
riots
1980
95
Restrictions on Preventive Detention

Article 151
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 diPertuan Agong (YDPA). This process must usually be completed within 3 months
of the representations being received, but may be extended by the YDPA.
Advisory Board*
Detaine
e
Representatio
ns
Chairman
Member
Recommendati
ons
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
96
a judge
11
Malays and
Article 153
ONLY

97
Malays and Article 153
Malay
Article 160(2)
Habitually
speaks
Malay
Federation/Singapore Roots
Customs
Is a Muslim
Language
Religion
Constitutionally, a Malay is a person who satisfies two sets of

requirements:
Religion and Culture
Follows
Malay
customs
Persons born before
Is a person who:
Day
(a) was domiciled in the Federation orMerdeka
Singapore on
Merdeka Merdeka Day,
Populatio (b) was born in the Federation* or Singapore before
n
Merdeka Day,
(c) was born before Merdeka Day of parents one of whom
was born in the Federation* or Singapore
o
r
Descend
ant of
Persons born before, on or after
Merdeka
Merdeka Day
Populatio Is a descendant of a person who is from the above

Merdeka Population
n
98
Malay
Article 160(2)
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
Race:
Malay
Race:
NonMalay
This Malay
person is a
Malay under
the Malaysian
Constitution
This Malay
person is a not
a Malay
under the
Malaysian
Constitution
but remains
a person of
This
non-Malay
the Malay
person
race is a
Malay under
the Malaysian
Constitution
99
Article 153 Special Position of Bumiputras

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))
100
The YDPA must also safeguard the legitimate interests of other communities
in accordance with
Art. 153 Legitimate interests of other Communities

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
responsibilit
y for
safeguardin
g of the
legitimate
interests of
other
communitie
s 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
101
12
Citizenship
ONLY

102
Citizenship
Citizenship
Articles 14 28A and the Second Schedule
Malaysian citizenship may be acquired:

By Operation of Law
By Registration
By Naturalisation
By Incorporation of Territory
For more
info please
contact:
103
Citizenship
Citizenship by Operation of Law

Article 14 and the Second Schedule
For
Person
s born
before
Malays
ia 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 2nd 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 2nd 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 2nd 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 2nd Schedule)
104
Citizenship
Citizenship by Operation of Law (contd)

For
Person
s born
before
Malays
ia 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 2nd 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
105
Government.
Citizenship

For
Person
s born
on or
after
Malays
ia 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 2nd 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 2nd Schedule)
106
Citizenship

Every person born outside the Federation whose

For
is at the time of the birth a citizen and
Persons father
either was born in the Federation or is at the
born on time of the birth in the service of the Federation
of a State.
or after or
(Para 1(b) of Part II of the 2 Schedule)
Every
person born outside the Federation whose
Malaysi
father is at the time of the birth a citizen and
a Day
whose birth is, within one year of its occurrence or
nd
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 2nd 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)
107
Citizenship
Citizenship by Registration
Article 15
For
Foreig
n
Wives
of
Citizen
s
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.
108
Citizenship
Citizenship by Registration (contd)

Article 15
109
Citizenship

Article 16
110
Citizenship

Article 16A
Note: This right expired on

September 1971.
111
Citizenship
Citizenship by Naturalisation
Art 19
#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
Y1
Y2
Y3
Y4
Y5
Y6
Y7
Y8
Y9
Y10 Y11 Y1
2
#2: Must have resided in Malaysia during the 12 months

before the date of the citizenship application
112
Date of
applicat
ion
Citizenship
Citizenship by Incorporation of Territory

Article 22
113
13
Elections
ONLY

114
Elections
Election Commission (EC)

Articles 113 and 114
The 7 members of the EC are in

effect appointed by the Prime
Minister, through this process:
PM
* The YDPA, as a constitutional monarch, is

required to act on the advice of the PM
115
Elections
Election Commission (EC)

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.
116
Elections
Election Commissions Main Functions

117
Elections
Articles 113, 116, 117 and 13th Schedule, Para 2
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)
Period between reviews
8 to infiniti
years
Minimum
8 years. No
Review
II
(To take no
more than 2
years)
maximum.
(Art 113(2)(ii))
118
Elections
Articles 113, 116,1 17 and 13th Schedule, Para 2
119
Elections
Federal Constituencies
Article 46
Currently, the Constitution fixes the number of

federal constituencies at 222, divided as follows:
Kedah
Perlis
15
Penan
g
13
Kelant
an
Terengg
anu
Labuan
14
Pahang
Perak
24
14
Selang
or
Johor
26
22
K.
Lumpur
11
Putraja
ya
N.
Sembila
n
Malacc
a
Sarawa
k
120
31
Sabah
25
Elections
Voters
Article 119
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
121
14
Constitutional
Amendments
ONLY

122
Constitutional Amendments
Constitutional Amendment Process

Articles 159 161E
The Constitution may be amended by Federal law passed in

accordance with these additional requirements:
Conference of Rulers
Yes 2/3*
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.
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 diPertua Negeri
Only for amendments

123 pertaining to:
The High Court of Sabah and Sarawak
Constitutional Amendments
Statistics on Constitutional Amendments
28
%
7%
6%
Breakdown of Constitutional Amendments *

118
* Based on the
annotations to the
2006 Reprint of the Fede
ral Constitution
Methodology: Each
amended Article
pursuant to an
amending legislation
count as one individual
amendment. See pages
209 229 of the Reprint
42
30
397
40
48
Formation of Malaysia
Singapore Independence
Creation of Federal
Territories
Creation of Two Tier Appeal
Courts
Modernising Terms eg
" to
"
Other Amendments
124
15
Other
Provisions
ONLY

125
Other Provisions
National and Other Languages

Article 152
Official purposes means any purpose of the

Government, whether Federal or State, and includes
any purpose of a public authority
3
126
Other Provisions
Consolidated Fund
Articles 97 - 103
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.
All revenues
and moneys
howsoever
raised or
received by
the
Federation
Federal Consolidated
Fund
IN
Specimen
OU
T
Authorised
payments, such
as:
Annual
budget
expenditure
Pensions
National
debt charges
127
Other Provisions
Attorney General
Article 145
http://www.agc.gov.my
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.
128
Other Provisions
Auditor General
Articles 105/6
http://www.audit.gov.my
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.
Click to read the
Auditor
Generals 2010
Audit Report on
the Federation.
National Feedlot
Corps report on
pages 135 147.
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.
129
Other Provisions
Disqualification of MPs and Senators

Article 48
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
130
one year or
Other Provisions
Resignation of MPs and Senators

Article 51
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)
MP/
Exco
membe
r
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
Politic
al
Party
Parliame
nt or
State
Legislati
ve
Council
131
Other Provisions
National Land Council

Article 91
Yes 2/3*
Yes 2/3*
132
Other Provisions
National Council for Local Government

Article 95A
Yes 2/3*
Yes 2/3*
133
Other Provisions
Public Services
Articles 132 - 148
The Constitution establishes the following public

services:
1
Armed Forces
Judicial and Legal Service
General Public Service
Police Force
Joint Public Services
States Public Services
Education Service
134
Further Reading
Bahasa Malaysia
text of the
Constitution
English text
of the
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
Constitutional
Landmarks in
Malaysia
Editors Harding and
Lee
www.perlembagaanku
.com
A national
campaign to
educate the
Malaysian public
and create greater
awareness about
the Federal
Constitution.
135
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Homepage:
http://www.slideshare.net/mbl2020

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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.

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An Introduction to the Malaysian Constitution

Constitution created the Federation

Merdeka Day, 31 Aug 1957

Malaysia Day, 16 Sept 1963

Life of the Federation

Key Elements of the Malaysian Constitution

An Introduction to the Malaysian Constitution

Deprivation of Life or Liberty only in

Equality in Public Education and Financial Aid

An Introduction to the Malaysian Constitution

10. Special and Emergency

Procedures for making Federal

Laws against Subversion etc.

11. Malays and Art 153 (page 97)

An Introduction to the Malaysian Constitution

Constitutional Amendment Process

An Introduction to the Malaysian Constitution

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