MALAYSIAN CONSTITUTION

INTRODUCTION

The Federal Constitution of Malaysia is the supreme law of Malaysia. The 1957 Constitution of

the Federation of Malaya is the basis of this document. It establishes Malaysia as a constitutional

monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely

ceremonial. It provides for the establishment and the organization of three main branches of the

government: the bicameral legislative branch called the Parliament, which consists of the House

of Representatives and the Senate; the executive branch led by the Prime Minister and consists of

Cabinet Ministers; and the judicial branch headed by the Federal Court. The document also

defines the rights and responsibilities of the federal government, the member states of

the federation and the citizens and their relations to each other. As of early 2006, the number of

individual amendments to the constitution is estimated to be about 650, a substantial number of

which were technical and consequential amendments throughout the Constitution necessitated by

territorial changes. The Content of the constitution 15 section,183 clauses or articles,15

schedules .

THE MAIN PROVISIONS IN THE CONSTITUTION

NATIONAL LANGUAGE
Malay is the national language .Malay language was made as the official language of the

country(Article 152).Article 152 states that the national language is the Malay language.

However, the Constitution guarantees the freedom of learning and using of other languages,

except on official purposes. Official purposes here means any purpose of the Government,

whether Federal or State, and includes any purpose of a public authority. To this effect, all court

proceedings and parliamentary documents and meetings are conducted in Malay .The official

script for the Malay language is determined by Parliament. The current orthography is the Latin

alphabet or Rumi; however, use of Jawi is not prohibited. The National Language Act allows

English to be used in Court , if the Court so decides either by itself or upon the application of any

party to the proceedings, and after considering the interest of justice, and in the Dewan Rakyat,

Dewan Negara and State Legislative Assemblies with the permission of the Speaker or President.

For any official purpose which the Yang di Pertuan Agong may allow.

RELIGION

Article 3(1) of the constitution clarifies that ISLAM is the official religion in Malaysia but other

religions are allow to be practiced in peace and harmony in any part of the federation. (Article3) 

in every State other than States not having a Ruler the position of the Ruler as the Head of the

religion of Islam in his State in the manner and to the extent acknowledged and declared by the

Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that

religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect
to which the Conference of Rulers has agreed that they should extend to the Federation as a

whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorize the

Yang di-pertuan Agong to represent him. The Constitution of the States of Malacca, Penang,

Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong shall

be Head of the religion of Islam in that State. Nothing in this Article derogates from any other

provision of this Constitution. Notwithstanding anything in this Constitution the Yang di-Pertuan

Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur and

Labuan; and for this purpose Parliament may by law make provisions for regulating Islamic

religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters

relating to the religion of Islam.

FUNDAMENTAL LIBERTIES

There are nine rights regarded as fundamental in the Malaysian Constitution (Federal

Constitution) namely liberty of the person (Article 5); freedom from slavery and forced labour

(Article 6); protection against retrospective criminal laws and repeated trials (Article 7);

equality (Article 8); prohibition of banishment and freedom of movement (Article 9); freedom

of speech, assembly and association (Article 10); freedom of religion (Article 11); rights in

respect of education (Article 12) and rights to property (Article 13). Article 5 provides that No

person shall be deprived of his life or personal liberty save in accordance with law. Where

complaint is made to a High court or any judge thereof that a person is being unlawfully detained

the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall
order him to be produced before the court and release him. Where a person is arrested he shall be

informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be

defended by a legal practitioner of his choice. Where a person is arrested and not released he

shall without unreasonable delay, and in any case within twenty-four hours (excluding the time

of any necessary journey) be produced before a magistrate and shall not be further detained in

custody without the magistrate's authority: Provided that this Clause shall not apply to the arrest

or detention of any person under the existing law relating to restricted residence, and all the

provisions of this Clause shall be deemed to have been an integral part of this Article as from

Merdeka Day. Clauses (3) and (4) do not apply to an enemy alien. Article 6 provides that no

person may be held in slavery. All forms of forced labour are prohibited, but federal law may

provide for compulsory service for national purposes. It is expressly provided that work

incidental to serving a sentence of imprisonment imposed by a court of law is not forced to

labour. The National Service Act was drafted based on Article 6. Article 7 is provide that no

person shall be punished for an act or omission which was not punishable by law when it was

done or made, and no person shall suffer greater punishment for an offence than was prescribed

by law at the time it was committed. A person who has been acquitted or convicted of an offence

shall not be tried again for the same offence except where the conviction or acquittal has been

quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

Article 8 all persons are equal before the law and entitled to the equal protection of the law.

Except as expressly authorized by the Constitution (e.g. Article 153), there shall be no
discrimination against citizens on the ground only of religion, race, descent or place of birth in

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. There shall be no

discrimination in favour of any person on the ground that he is a subject of the Ruler of the

State. No public authority shall discriminate against any person on the ground that he is resident

or carrying on business in any part of Malaysia outside the jurisdiction of the authority. Article 9

provides that every citizen has the right to move freely throughout Malaysia and to reside in any

part thereof, subject to Art. 9 (3) (below) and to any law relating to the security, public order,

public health, or the punishment of offenders. Art 9(3) - So long as under the Constitution 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, on the rights in respect of movement

and residence. Article 10   guarantees the freedom of speech, the right to assemble peacefully

and the right to form associations to every Malaysian citizen. However, Parliament may by law

impose restrictions on these rights in the interest of the security of the Federation, friendly

relations with other countries, public order, morality; and restrictions designed to protect the

privileges of Parliament, to provide against contempt of court, defamation, or incitement to any

offence. Article 10 is a key provision of Part II of the Constitution, and has been regarded as "of

paramount importance" by the judicial community in Malaysia. However, it has been argued that

the rights of Part II, in particular Article 10, "have been so heavily qualified by other parts of the

Constitution, for example, Part XI in relation to special and emergency powers, and the
permanent state of emergency that has existed since 1969, that much of [the Constitution's] high

principles are lost." Article 10 (4) states that Parliament may pass law prohibiting the questioning

of any matter, right, status, position, privilege, sovereignty or prerogative established or

protected by the provisions of Part III, article 152, 153 or 181 of the constitution.

Several acts of law regulate the freedoms granted by Article 10, such as the Official Secrets Act,

which makes it a crime to disseminate information classified as an official secret.The Sedition

Act 1948 makes it an offence to engage in acts with a "seditious tendency", including but not

limited to the spoken word and publications; conviction may result in a sentence of a fine up

to RM5,000, three years in jail, or both. The Public Order (Preservation) Ordinance 1958 allows

the Police to declare certain areas "restricted", and to regulate processions or meetings of five

persons or more. The maximum sentence for the violation of a restricted area order is

imprisonment of 10 years and whipping. Other laws curtailing the freedoms of Article 10 are the

Police Act 1967, which criminalises the gathering of three or more people in a public place

without a licence, and the Printing Presses and Publications Act 1984, which grants the Home

Affairs Minister "absolute discretion" in the granting and revoking of publishing permits, and

also makes it a criminal offense to possess a printing press without a licence. The Sedition Act in

particular has been widely commented upon by jurists for the bounds it places on freedom of

speech. Justice Raja Azlan Shah (later the Yang di-Pertuan Agong) once said: “ The right to free

speech ceases at the point where it comes within the mischief of the Sedition Act.” Article 11

provide that every person has the right to profess and practice his religion and, subject to Art 11
(4), to propagate it. No person shall be compelled to pay any tax the proceeds of which are

specially allocated for the purposes of a religion other than his own.Every religious group has the

right (a) to manage its own religious affairs; (b) to establish and maintain institutions for

religious or charitable purposes; and(c) to acquire and own property and hold and administer it in

accordance with law.Art. 11 (4) - State law and, in respect of the Federal Territories of Kuala

Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine

or belief among Muslims. Article 12 provide that every religious group has the right to establish

and maintain institutions for the education of children in its own religion. No person shall be

required to receive instruction in or take part in any ceremony or act of worship of a religion

other than his own. The religion of a person under the age of eighteen years shall be decided by

his parent or guardian. There shall be no discrimination against any citizen on the grounds only

of religion, race, descent or place of birth: in the administration of any educational institution

maintained by a public authority, and, in particular, the admission of pupils or students or the

payment of fees; or 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). Article 13 provides

that no person may be deprived of property save in accordance with law. No law may provide for

the compulsory acquisition or use of property without adequate compensation.

SPECIAL PROVISION UNCER ARTICLE 153

Article 153 grants the Yang di-Pertuan Agong, or King of Malaysia, responsibility for

safeguarding the special position of the Malay and other indigenous peoples of Malaysia,

collectively referred to as Bumiputra and the legitimate interests of all the other communities.

The article specifies how the King may protect the interest of these groups by establishing quotas

for entry into the civil service, public scholarships and public education.

Originally there was no reference made to other indigenous peoples of Malaysia (then Malaya)

such as the Orang Asli, but with the union of Malaya with Singapore, Sabah and Sarawak in

1963, the Constitution was amended so as to provide similar privileges for the indigenous

peoples of East Malaysia (Sabah and Sarawak), grouping them with the Malays as Bumiputra.

The scope of Article 153 is limited by Article 136, which requires that civil servants be treated

impartially regardless of race. Clause 5 of article 153 specifically reaffirms article 136 of the

constitution which states: All persons of whatever race in the same grade in the service of the

Federation shall, subject to the terms and conditions of their employment, be treated impartially.

Clause 9 of article 153 states Nothing in this Article shall empower Parliament to restrict

business or trade solely for the purpose of reservations for Malays.

The Reid Commission suggested that these provisions would be temporary in nature and be

revisited in 15 years, and that a report should be presented to the appropriate legislature

(currently the Parliament of Malaysia) and that the "legislature should then determine either to

retain or to reduce any quota or to discontinue it entirely."

Under Article 153, and due to the 13th May 1969 riots, the New Economic Policy was

introduced. The NEP aimed to eradicate poverty irrespective of race by expanding the economic

pie so that the Chinese share of the economy would not be reduced in absolute terms but only

relatively. The aim was for the Malays to have a 30% equity share of the economy, as opposed to

the 4% they held in 1970. Foreigners and Chinese held much of the rest.

The NEP appeared to be derived from Article 153 and could be viewed as being in line with its

wording. Although Article 153 would have been up for review in 1972, fifteen years after

Malaysia's independence in 1957, due to the May 13 Incident it remained unreviewed. A new

expiration date of 1991 for the NEP was set, twenty years after its implementation.

However, the NEP was said to have failed to have met its targets and was continued under a new

policy called the National Development Policy.

CITIZENSHIP

Citizenship is a status held by the people who have the right to be in a country. This status give

rights, benefits and certain facilities. Special right of a citizen: to vote in election, take part in

politics, post for citizens only, free to own landed property, benefits and facilities, freedom of

movement, not to be exiled . Holding this status demands at the same time certain

responsibilities. Give national service including the army if required to. Abide the laws and help

run the systems in the country. Contribute to the productivity of the country in whatever field he

undertakes. Participate and as far as possible support national programmes and events.
Ways of acquiring citizenship

1)Jus Soli

This is based on the laws of the birth place. Regardless the status of the mother or father,

citizenship status is automatic for people born in Malaysia between independence day and

October 1962. Those born after 1962 can become citizens if they fulfil one of the conditions: At

the time of his birth: he mother or father is a citizen, mother or father has been residing in the

country He was not a citizen of any country.

2)Jus Sanguinis

The factor jus sanguinis relies solely on the citizenship status of the father. If the father is a

citizen, regardless of whether he is born outside the country. However for the child of a citizen

who is born outside the country, the child inherits the father’s citizenship status if 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 the Malaysian Consulate or with the Malaysian

government within one year after his birth.

3) Marriage

The right to a foreign woman who is married to a Malaysian citizen to apply to become a

citizen.Citizenship is given through registration.The following condition must be fulfilled: if the

husband is a citizen in October 1962 or prior to that, and the marriage is still binding; or
the foreign woman has lived in the Federation for two years before the application is made, has

the intention to continue living in the Federation and is of good conduct.

4) Naturalization

Residents who are not born in Malaysia to become Malaysian citizens. Applicants are required:

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, have intention to live permanently in the country, good conduct, and have

sufficient knowledge of the Malay language.

Loss of citizenship

He himself rejects the citizenship for personal reasons. (Renunciation (Art 23) . He has violated

the laws and committed a prohibition action. (Deprivation (art 24) Can be one of the following:

he has become the citizen of another country, he is enjoying all the rights and facilities in another

country, whereas the rights are given only to the citizens of those countries. A woman becomes

the citizen of a foreign country through marriage, acts negatively showing he is no longer loyal

to Malaysia and has ties with a hostile country. Has been sentenced in a state within a period of 5

years after becoming a citizen of the Federation with a jail sentence of not less than 23 months or

fined not less than RM5,000. Give services to another country without permission. Lives

continuously for 5 years in a foreign country unless he is on service with or on behalf of the

Malaysian Government. The citizenship has been falsely obtained .A foreign woman who
acquired her citizenship status through marriage, is divorced from the husband, except in the case

of divorce where the husband has passed away.

CONCLUSION

Despite many challenges to national unity it can be stated with confidence that Malaysia has an

exemplary record of racial, cultural and religious tolerance.

The spirit that animates the Constitution is one of moderation, compassion and compromise. The

Constitution has reconciled the seemingly irreconcilable conflict of interest between ethnic and

religious groups in a way that has few parallels in the modern world.

In the years ahead the forces of globalization and Islamisation pose the most severe challenges to

the foundation established in 1957. However there is no reason to believe that the Malaysian

Constitution cannot accommodate and harness these tides .

REFERENCE LIST

en.wikipedia.org/wiki/Constitution_of_Malaysia

www.perlembagaanku.com

www.google.com.my
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