Simone Lawson
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of the land and has been amended several times since its enactment. The process of amending the constitution is outlined in Article 159, which requires a two-thirds majority in Parliament. The constitution has been amended for various reasons, including changing the name of the Federation to Malaysia and addressing racial tensions. Some amendments have been controversial, such as the 1993 amendment that limited the monarchy's power and the 1971 amendment that impacted the judiciary's autonomy. Understanding the process and impact of constitutional amendments in Malaysia provides insight into the country's legal and political landscape.
| Characteristics | Values |
|---|---|
| Legislative power | Granted to Parliament, in accordance with Article 44 of the Federal Constitution |
| Number of amendments | 61 since 1957 |
| Provision to amend | Article 159 |
| Amendment requirements | Two-thirds of members of Parliament must support an amendment Act |
| Simple majority | A simple majority of board members present can approve a Bill to amend the regulation |
| Special conditions | Article 159 (1) & (4), read with Article 62 (3) |
| Matters affecting sovereignty, dignity and position of Majlis Raja-Raja | Consent of the Majlis Raja-Raja is required |
| State Constitutions | May include an equivalent of Article 153 |
| Article 153 | May not be amended without the consent of the Conference of Rulers |
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What You'll Learn
The process of constitutional change
The Federal Constitution of Malaysia, which came into force in 1957, serves as the supreme law of the land. It establishes the framework for a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State, and outlines the structure and organisation of the three main branches of the government. The process of amending this foundational document is carefully outlined to ensure that any changes are made in a thoughtful and considered manner.
The provision to amend the Constitution falls under Article 159, which sets out specific rules and conditions. According to Article 159 (1), constitutional amendments must refer to federal law, meaning they undergo the standard legislative process in Parliament. This process requires an Amendment Act to be supported by at least two-thirds of the members of Parliament, emphasising the need for broad consensus on any proposed changes. Additionally, certain amendments, such as those affecting the sovereignty and dignity of the Majlis Raja-Raja or the Malay rulers, require the consent of the Majlis Raja-Raja, as outlined in Article 159 (5).
While the process of constitutional change in Malaysia has been largely effective in adapting to the country's evolving needs, there have been controversies. For example, the 1993 amendments that limited the monarchy's power and stripped hereditary state rulers of immunity were controversial. Similarly, the amendment to Article 121 in 1998, which gave Parliament influence over the judiciary, was seen by some as a weakening of the separation of powers. These controversies highlight the delicate balance between adapting to changing circumstances and preserving the foundational principles and safeguards of the Constitution.
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Parliamentary power to amend
The Federal Constitution of Malaysia is the supreme law of the land and any amendments to it assume fundamental significance. The Constitution has been amended extensively since it came into force in 1957, with 61 amendments as of February 2023.
The provision to amend the Constitution falls under Article 159, which establishes special conditions for the amendment of certain clauses. According to Article 159 (1), constitutional amendments must go through the process of legislation in Parliament. This means that a Bill to amend the Constitution can be approved by a simple majority of board members present. However, the Constitution can only be altered through an amendment Act supported by two-thirds of the members of Parliament.
The legislative power to amend the Constitution is granted to Parliament in accordance with Article 44 of the Federal Constitution. This means that Parliament has the authority to enact laws and make changes to the Constitution.
There are some matters that Parliament cannot amend without the consent of other bodies. For example, matters affecting the sovereignty, dignity and position of the Majlis Raja-Raja or any of the Malay rulers require the consent of the Majlis Raja-Raja, as set out in Article 159 (5). Additionally, Article 153 may not be amended without the consent of the Conference of Rulers, as stipulated in clause 5 of Article 159.
The process of amending the Constitution in Malaysia involves navigating various articles and clauses of the Federal Constitution. While Parliament has the power to initiate and approve amendments, there are special conditions and requirements that must be met to ensure the protection of certain rights and the inclusion of all states in the Federation.
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Consent of the Majlis Raja-Raja
The Conference of Rulers, also known as the Council of Rulers or Durbar in Malay (Majlis Raja-Raja), is a council comprising the nine rulers of the Malay states and the governors (Yang di-Pertua Negeri) of the other four states in Malaysia. It was established by Article 38 of the Constitution of Malaysia and is responsible for electing the Yang di-Pertuan Agong (King of Malaysia) and Timbalan Yang di-Pertuan Agong (Deputy King of Malaysia) every five years or when the positions become vacant.
The Conference of Rulers also plays a role in amending the Constitution of Malaysia, particularly when it comes to matters affecting the sovereignty, dignity, and position of the Majlis Raja-Raja or any of the Malay rulers, as outlined in Article 159 (5). In such cases, the consent of the Majlis Raja-Raja is required for any constitutional amendment to be valid. This means that any changes to the provisions of the Constitution related to these "sensitive issues" must be approved by the Conference of Rulers.
The Majlis Raja-Raja is the highest authority in Islamic affairs in Malaysia. It has the power to grant pardons, reprieves, and remissions, as well as to suspend or commute sentences. The council generally meets at the Istana Negara (National Palace), but meetings may be held at other venues with the consent of the members. Each Malay ruler typically takes turns chairing the meeting, and all rulers are considered equal during the meeting, including the Yang di-Pertuan Agong, who represents the federal government.
The history of the Majlis Raja-Raja dates back to the establishment of the Majlis Raja-Raja Melayu bagi Negeri-Negeri Melayu Bersekutu (Conference of Rulers of the Federated Malay States) in 1896, which included the states of Perak, Selangor, Negeri Sembilan, and Pahang. The first meeting of this council took place in 1897 at the Istana Iskandariah in Bukit Chandan, Kuala Kangsar, Perak. Over time, the membership of the council expanded to include other states, and it continued to play a significant role in the country's affairs, even after Malaysia's independence in 1957.
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Federal Constitution amendments
The Federal Constitution of Malaysia is the supreme law of the land and any amendments to it assume fundamental significance. As of February 2023, there have been 61 amendments to the Constitution since it was enacted in 1957. The provision to amend the Constitution falls under Article 159, which establishes special conditions for the amendment of certain clauses. For instance, Article 153 may not be amended without the consent of the Conference of Rulers.
The Constitution can be altered through an amendment Act supported by two-thirds of the members of Parliament. A Bill assented to by the Yang di-Pertuan becomes law, but it must be gazetted or published under Article 66(5) of the Federal Constitution before it can come into force. The Federal Constitution provides four ways to amend the laws. According to Article 159 (1), constitutional amendments are made by referring to federal law, which means that the amendment goes through the process of legislation in Parliament. A simple majority of board members present can approve a Bill to amend the regulation, according to Article 159 (1) & (4) read with Article 62 (3).
Some of the more notable amendments to the Constitution include the 1971 amendment, which allowed the natives of the Borneo states to have the same status as the Malays and empowered the Agong to direct any institution of higher learning to reserve a reasonable proportion of places for the Malays and natives. Another significant amendment was made to Article 121 in 1998, which put the judiciary under Parliament's influence and empowered the attorney general to determine the courts for cases to be heard. This was seen as eroding the judiciary's autonomy and weakening the separation of powers between the three branches of government.
In 1993, there were amendments that limited the monarchy's power, stripping the nine hereditary state rulers of immunity from prosecution. This followed an incident where the then Sultan of Johor allegedly assaulted a sports coach. The Malaysia Act was passed in Parliament in 1963 to amend the Constitution to provide for a name change and the inclusion of Sabah, Sarawak, and Singapore as new member states.
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Controversial amendments
The Constitution of Malaysia has been amended 61 times since it was first enacted in 1957. Amendments can be made through an amendment Act supported by two-thirds of the members of Parliament.
One of the most notable and controversial amendments to the Constitution of Malaysia occurred in 1993. The 1993 amendments aimed to remove the legal immunity of the royalty and limit the power of rulers to pardon offences of family members. Before the amendments, the Constitution granted rulers who had violated the law immunity from prosecution by the criminal court unless they voluntarily surrendered their legal immunity.
The events leading up to the 1993 amendments were considered a constitutional crisis by some, as the federal government needed the endorsement of the Sultans to implement the law, leading to a brief standoff. There were also a series of controversial incidents involving members of the Johor royal family, including an assault by the second son of the Sultan of Johor on a Perak hockey player.
The amendments were passed by the Malaysian parliament, but not without resistance from some rulers who refused to endorse the changes. This led to a compromise that allowed rulers to delay any legislation within sixty days, provided that reasons for the delays were given.
Another controversial amendment was proposed in 2019, aiming to restore the status of the two East Malaysian states of Sabah and Sarawak as equal partners to the Western Peninsula, in accordance with the 1963 Malaysia Agreement. However, the bill was not passed, falling short by 10 votes of the required two-thirds majority in Parliament. Opposition MPs argued that the amendment did not truly grant Sabah and Sarawak equal status but retained them as two of the 13 states of Malaysia.
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Frequently asked questions
The Constitution of Malaysia, which came into force in 1957, has been amended several times. The provision to amend the Constitution falls under Article 159, which states that the constitution can be altered through an amendment Act supported by at least two-thirds of the members of Parliament.
The Constitution of Malaysia was amended in 1963 to admit Sabah, Sarawak, and Singapore as additional member states and to change the name of the Federation to "Malaysia". Another significant amendment was made in 1971, allowing the natives of the Borneo states to have the same status as the Malays and empowering the Agong to direct any institution of higher learning to reserve a reasonable proportion of places for the Malays and natives. In 1993, the Constitution was amended to limit the monarchy's power, stripping the nine hereditary state rulers of immunity from prosecution.
According to Article 159 (5), if an amendment affects the sovereignty, dignity, and position of the Majlis Raja-Raja or any of the Malay rulers, it requires the consent of the Majlis Raja-Raja to be valid. Additionally, the position of Sarawak and Sabah in Malaysia are protected by imposing additional requirements in the amendment process. All amendments must also be approved by the President of Sarawak or Sabah, as outlined in Article 161E (2) of the Federal Constitution.
One milestone was the amendment to Article 121 in 1998, which placed the judiciary under the influence of Parliament and empowered the attorney general to determine the courts for cases to be heard. This was seen as eroding the judiciary's autonomy and weakening the separation of powers between the judiciary, executive, and legislature.
