LESSON 6
THE CONSTITUTION OF MALAYSIA
1.0 Introduction
In the name of Allah, Most Gracious, Most Merciful
Do you think that a society will be in stable and peace without laws that guide each individual to
act as a member of society? Can you imagine what will happen if each member of the society can
act in whatever manner as they wish? If they want to kill others, they can kill as they wish. Thus, a
society needs laws to guide and direct the action of its members. Humans who live in a large
group need laws. For a country or state, the law that governs its citizens’ actions is called
constitution. The constitution is vital in ensuring the continued peace and prosperity of the
country. For Malaysian students, do you know what the constitution means and its roles in the
country? If you do not know, let us discuss this topic as this topic will let you understand the
constitution.
2.0 Learning Outcomes
By the end of the lesson, students should be able to:
1.
2.
3.
4.
Explain the concept of constitution and its superiority
Identify the forms of the constitution
Identify the main contents of the constitution
Discuss the jurisdiction of the federal and state government
3.0 List of Topics
3.1
3.2
3.3
3.4
3.5
What is a Constitution?
Purpose of the Constitution
Content of the Constitution
Federal List and State List
How to Amend the Constitution?
4.0 Terminologies
4.1 Provision
The action of providing or supplying/ condition or requirement in a legal document.
4.2 Amendment
A minor improvement
5.0 Topics
5.1 What is a constitution?
5.1.1
Presentation
Constitution is a collection of basic principles and guidelines that determine how a
country is established and governed as prescribed by laws, customs or rules which are
generally accepted. It is the Constitution that determined how public decisions are made
by the government. The Constitution also sets the distribution of power among
government agencies as well as set the limits of the government authority and ways of
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choosing and electing a government. The Constitution aims to provide assurance and
protection to the people such as the special rights of the Malays and freedom of rights of
its citizens. Other than that, the Constitution also serves as a guideline for the creation of
laws either on the side of the government or the people.
The Federal Constitution of Malaysia is a written constitution where the Parliament
derives power from the Constitution. It is collated and compiled into a document. The
constitution is fixed and difficult to be emended unless a provision for amendments is
stated in the constitution. The Parliament is given power to make laws on matters
contained in the constitution but it can’t regulate laws that contradict the freedom of
rights. The only body that has power to interpret the constitution is the Judiciary. In short,
the Federal Constitution of Malaysia is the highest source law in the country and its
existence is to coordinate the governance of a country.
5.1.2
Activities
You may visit the following website if you want to find some more information about the
Constitution:
http://en.wikipedia.org/wiki/Constitution_of_Malaysia
5.2 Purpose of the Constitution
5.2.1
Presentation
From the discussion about the Constitution earlier, hopefully you have seen the
importance of the existence of the Constitution to this country. In general, the existence
of the constitution is to serve some purposes that can be summarized as follows:
a) To have a form of fair governance
Due to the existence of various races and ethnicity, the Constitution has to look after
the interests of all the races and ethnicity especially the interests of the Malays, the
owner of the land. Thus, the Constitution guarantees the rights of all races and
ethnics without bias towards one race only. For example, the Constitution guarantees
and protects the special rights and privileges of the Malays but at the same time it
does not deny the rights of other races and protect them. That is why even though
Malay language is made as the official language of the country, there is no restriction
for other races to learn and teach other languages.
b) To prevent rulers from abusing their powers
The Constitution determines the power of rulers. It means, the rulers (the YDPA,
Sultans, Yang Dipertua Negeri, Yamtuan Besar Negeri) must act within the
jurisdiction set by the Constitution. For an example, a ruler is not allowed to leave the
country more than fourteen days unless his leave is due to the official function. The
rulers have no absolute power as in the previous.
c) To control the movement of the government and the people
As the highest law of the country, everyone in this country is subject to the
Constitution including the government. The government cannot act as it wishes even
though it has power over the people. The Constitution not only provides powers to
the government but also to the people through freedom of rights. Thus, this avoids
the government from dominating power. There are limits to what the ruling body can
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and cannot do. For example, an individual cannot be arrested without being told the
reason for the arrest. If the reason is kept silent and it is proven the arrest is wrong,
the person can take legal action against the party who has arrested him.
d) A tool to solve disputes
As the highest law of the country, every single party must resolve disputes or any
problems based on the Constitution. For example, if there is dispute between the
federal and state governments, both parties must refer the issue to the Constitution.
e) To ensure the Sustainability, Peace and Stability of the country
As an independent and sovereign country, Malaysia needs to sustain its existence.
The sustainability can be achieved by maintaining the laws and the rules. The
existence of the Constitution as the main laws and rules of the country will preserve
the identity of Malaysia as an independent and sovereign country. Do you still
remember that the Constitution also plays a role to solve disputes and problems? By
defining the power and authority of the government, setting the limitations the power
and guarantee the freedom and rights of the people with limitation, the Constitution
manages to store the peace and stability of the country.
5.2.3
Activities
By referring the purpose of the Constitution above, could you please find the articles of
the Constitution that explain the purpose of (a), (b), (c) and (e)? You may find the
information from the internet by typing the Federal Constitution of Malaysia. Enjoy the
search!
5.3 Content of the Constitution
5.3.1
Presentation
Do you know how many articles that the Constitution has? There is 183 Articles with 13
Schedules in them. Each article has several sections that explain the in details the
guideline and legislation matters. For example, Articles 1-4 are about States, Religion
and Laws for the Federation. Articles 5-13 are about Freedom of Rights and Articles 1422 are about Citizenship.
Generally, the main articles of the Constitution are on the following:
a) Malaysia as a Federation
b) Malaysia as a Constitutional Monarchy
c) Malaysia as a country that practises a democratic parliamentary system of rule
d) Malaysia practices freedom of religion with Islam as the official religion
e) The supremacy of the Constitution and laws
f)
Malaysia as a country that practices the separation of powers
g) Judiciary system as an independent body and free from any influence and control of
the Executive and Legislative bodies
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h) National language, citizenship and special rights of bumiputras abd pribumis of
Sabah and Sarawak
5.3.2
Activities
By referring to the purpose of the Constitution above, could you find the detail list of the
Constitution? For example:
Article 23-28A : Citizenship (Chapter 2- Revocation of Citizenship)
Article 29-31
: Citizenship (Chapter 3 – Addendums)
You may find the information from the internet by typing the Federal Constitution of
Malaysia. Enjoy the search!
5.4 Federal List and State List
5.4.1
Presentation
As mentioned earlier, the Federal Constitution provided for a separation of powers
between the federal government and the 13 states government. It ensures the smooth
operation and prevents any disputes between the two systems. The Federal Constitution
guaranteed the rights and powers of the state government to govern and administer their
respective states as long as the states laws are not contradicting the federal laws.
In the Federal Constitution, there are three lists that define the powers of the state and
the federal government.
a) Federal List
: It states the federal government’s powers
b) State List
: It states the state government’s powers
c) Concurrent List/
: It states the shared powers between the Federal
Joint List
and state government
The powers of the federal government that are mentioned in List 1 of the Federal List
under the Ninth Schedule are as follows:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
External affairs
Defense of the federation
Internal security
Civil and criminal laws
Federal citizenship, naturalization and aliens
Machinery of government
Finance
Trade, industry and commerce
Shipping, navigation and fisheries
Communication and transport
Federal works and power
Survey, enquiries and research
Education
Medicine and health
Labour and social security
Welfare of the aborigines
Professional occupations
Newspapers and publications
Censorship
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t)
Tourism
Meanwhile, the powers of the state government are mentioned in List 1 of the Federal
List under the Ninth Schedule are as follows:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Islamic law
Family law of Muslim family
Malay customs
Land
Malay reservations
Mining
Agriculture
Burial and cremation grounds
Markets and fairs
State holidays
Turtles and revering fishing
In the Concurrent List, the state governments and the federal government must
cooperate and shares their power:
a)
b)
c)
d)
e)
f)
g)
h)
5.4.2
Social welfare
Scholarships
National parks
Animal husbandry
Town and country planning
Public health and sanitation
Rehabilitation of mining land
Culture and sports
Activities
Let say, the Prime Minister one day gives an order to all states to review its laws
regarding the marriage of Muslims in the country as an effort to safeguard the interests of
the Muslims family. The directive receives mixed response from the states.
In your opinion, do you agree with the action of the Prime Minister? Is his action in
accordance with the jurisdiction of the Federal government? Discuss.
5.5 How to Amend the Constitution?
5.5.1
Presentation
In principal, the Parliament and State Legislative Assembly can make amendment to the
Constitution. Thus, the Constitution is not rigid. It is alive and functions all the time.
However, not all matters can be amended and even cannot be questioned. Do you want
to know what the matters that cannot be questioned are? Below are the matters:
a) The status of Islam as the official religion of the country
b) The status and privileges of the Malay Rulers, the Malays and Bumiputeras in
Sabah and Sarawak
c) The status of Malay language as the national language
d) Issues on citizenship
About the amendment, Article 159 and 161 (E) state that the Parliament can amend the
Constitution with the following conditions:
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a) Certain articles can be amended with a two-third majority in each chamber of the
Parliament (Dewan Negara and Dewan Rakyat) without the consent of anyone
outside the Parliament chambers – Article 159 (4)
b) Certain articles concerning Sabah and Sarawak can be amended with more than
a two-third majority in each chamber of the Parliament (Dewan Negara and
Dewan Rakyat) provided that the respective Yang Dipertua Negeri agrees on it –
Article 161 (E)
c) Certain articles can only be amended with more than a two-third majority in each
chamber of the Parliament (Dewan Negara and Dewan Rakyat) provided that the
Council of Rulers (COR) approves it. The approval of COR is needed if the
amendments related to the sovereignty of the Malay Rulers, special status and
privileges of the Malays and other several sensitive matters of the Constitution
d) Articles requiring a majority in the Parliament
The discussion above is about the amendments to the Constitution at the federal level.
What about amendment to the State Constitution? Is it the same with the federal? Let us
see. For you information and knowledge, the provisions in the State Constitution can be
amended by the State laws only. All articles cannot be passed by the State Legislative
Assembly (SLA) unless two-third of SLA members supports the amendment during the
second and third readings. However, there are some article that do not require the twothirds majority such amendment to add number of members of the SLA. Even though the
federal government has no authority to amend the state constitutions, at the time
emergency, the federal government can make amendment on the basis of national
security.
5.5.2
Activities
The Prime Minister, Datuk Seri Mohd Najib Tun Razak in his speech calls upon all parties
and citizens of Malaysia to stop discussing Article 121 and 11 of the Federal Constitution.
What the Article 121 and 11 are all about? In your opinion, why shouldn’t the articles be
raised and are there matters in both articles cannot be amended anymore?
6.0
Lesson Summary
From the discussion, we can see that the Federal Constitution plays an important role in
forming the direction, sustainability and peace of the country. Though there are several
parties who are not satisfied with several issues in the Constitution, the Constitution has
managed to smooth the administration and governance of the country. Through the
Constitution, all parties, be it the ruling body or its citizen, are entitled to his or her rights
and appropriate protection.
7.0 Self Assessment
7.1 The constitution is more powerful than the Prime Minister. However it can be amended or
legislated by Malaysia’s _______________________as provided by Article 159 of the
Federal Constitution.
A. Parliament
B. Judiciary Body
C. Cabinet Minister
D. Dewan Undangan Negeri
Answer: A
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7.2 The Federal Constitution contains the highest law in Malaysia. The main aim of the
constitution is to __________________________.
A.
B.
C.
D.
ensure peace and tolerance among society
checks the power of Malaysia’s Parliament
ensure administrative continuity and political stability
preserve social harmony among various racial groups
Answer: C
7.3 The document that contains the highest laws of the country is the __________________.
A. Parliament
B. Common Law
C. Judiciary body
D. Federal Constitution
Answer: D
7.4 Which of these statements illustrates the significant of the Federal Constitution?
A.
B.
C.
D.
It is the source of legislation.
Any articles of this constitution cannot be amended.
The highest authority of this country is the Federal Constitution.
Its role is to enhance the spirit of patriotism among the citizens of Malaysia.
Answer: C
7.5 Malaysian Constitution is based on the Constitution of Federation of Malaya in 1957.
What is the concept of constitution?
A.
B.
C.
D.
An internal security act
Matters under the authority of Yang di-Pertuan Agong
A list of separation of powers between the federal and the state government
A document of the highest law of the country which outlined the principles and pattern of
a government
Answer: D
7.6 The bodies that can amend the Federal and State Constitutions are ___________________
I.
II.
III.
IV.
A.
B.
C.
D.
The Parliament
The State Legislative Assembly
The Cabinet of Ministers
The State Legislative Council
I and II only
I, II and III
III and IV
All of the above
Answer: A
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7.7 Which of the following are true about the amendment to the Constitution?
I.
II.
III.
IV.
A.
B.
C.
D.
The power to amend is stated in Article 159 and 161 (E)
Amendment to the all articles of the Constitutions must get the YDPA’s consent
All provisions can be amended
Not all provisions can be amended
I and II
II and III
I and III
I and IV
Answer: D
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