History of the Malaysian Constitution

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The foundation of the Constitution of Malaysia was laid on 10 September 1877. It began with the first meeting of the Council of State in Perak, where the Yang di-Pertuan Agong first started to assert their influence in the Malay states. Under the terms of the Pangkor Engagement of 1874 between the Sultan of Perak and the British, the Sultan was obliged to accept a British Resident. Hugh Low, the second British Resident, convinced the Sultan to set up advisory Council of State, the forerunner of the state legislative assembly. Similar Councils were constituted in the other Malay states as and when they came under British protection.

Originally playing an advisory role, the function of the council was later extended to include both legislative and executive functions. This continued until 1948 when the Federation of Malaya was formed by two agreements, namely the State Agreement and the Federation of Malaya Agreement.

The State Agreement was of great significance to Malaysia's constitutional development. By virtue of this agreement, the Malay Rulers with the advice and concurrence of the traditional chiefs and elders of the states promulgated their respective State Constitutions except for Johor and Terengganu where Constitutions had already been in place since 1895 and 1911 respectively. The Rulers were also required to distinguish the legislative power in their respective states from the executive power, by constituting a legislative body, called the Council of State and State Executive Council whose advice he was required to obtained.

The Federation of Malaya Agreement that served as the core for the current federal system of central government was concluded as a compromise to the much-opposed. The Federation consisted of the (FMS), the Unfederated Malay States as well as Penang and Melaka. The FMS consisted of Perak, Selangor, Pahang and Negeri Sembilan while the non-FMS were Kedah, Perlis, Kelantan, Terengganu and Johor.

The federal government comprised the High Commissioner, an Executive Council and Legislative Council. The agreement also provided for a Conference of Rulers with its own elected chairman. Each of the states had its own Executive Council and Council of States to deal with all matters not specifically reserved to the Federation. The Federal Government was responsible for defence, the police, and the railways, labour, broadcasting, post and finance. This 1948 Constitution remained in force with some essential amendments, until 1957 when the Federation of Malaya gained its independence.

A constitutional conference was held in London from 18 January to 6 February 1956 when the British promised Independence and self-government to the Federation of Malaya. It was attended by a delegation from the Federation of Malaya, consisting of four representatives of the Malay Rulers, the Chief Minister of the Federation (Tunku Abdul Rahman) and three other ministers, and also by the British High Commissioner in Malaya and his advisers. [1]

The conference proposed the appointment of a commission to devise a constitution for a fully self-governing and independent Federation of Malaya. [2] This proposal was accepted by and the Malay Rulers. Accordingly, pursuant to such agreement, the Reid Commission, consisting of constitutional experts from fellow Commonwealth countries and headed by, a distinguished Lord-of-Appeal-in-Ordinary, was appointed to make recommendations for a suitable constitution. The report of the Commission was completed on 11 February 1957. [3] The report was then examined by a working party appointed by the British Government, the Conference of Rulers and the Government of the Federation of Malaya and the Federal Constitution was enacted on the basis of its recommendations. [4]

The Constitution came into force on 27 August 1957 but formal independence was only achieved on 31 August however. The constitutional machinery devised to bring the new constitution into force consisted of:

The Federal Constitution was significantly amended when Sabah, Sarawak, and Singapore joined the Federation to form Malaysia in 1963. [5]

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Politics of Malaysia takes place in the framework of a federal representative democratic constitutional monarchy, in which the Yang di-Pertuan Agong is head of state and the Prime Minister of Malaysia is the head of government. Executive power is exercised by the federal government and the 13 state governments. Legislative power is vested in the federal parliament and the 13 state assemblies. The judiciary is independent of the executive and the legislature, though the executive maintains a certain level of influence in the appointment of judges to the courts.

<span class="mw-page-title-main">Federation of Malaya</span> Federation of British territories from 1948–57; independent country from 1957–63

The Federation of Malaya was a federation of what previously had been British Malaya, comprising eleven states that existed from 1 February 1948 until 16 September 1963. The Federation became independent on 31 August 1957, and in 1963, Malaysia was formed when Malaya united with Singapore, North Borneo, and Sarawak.

<span class="mw-page-title-main">Federated Malay States</span> British protectorate and part of British Malaya

The Federated Malay States was a federation of four protected states in the Malay Peninsula - Selangor, Perak, Negeri Sembilan and Pahang - established by the British government in 1895, which lasted until 1946, when they, together with two of the former Straits Settlements and the Unfederated Malay States, formed the Malayan Union. Two years later, the Union became the Federation of Malaya, which achieved independence in 1957, and finally Malaysia in 1963 with the inclusion of North Borneo, Sarawak and Singapore.

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<span class="mw-page-title-main">Constitution of Malaysia</span> Federal Constitution of Malaysia

The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation 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 his Cabinet Ministers and the judicial branch headed by the Federal Court.

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The states and federal territories of Malaysia are the principal administrative divisions of Malaysia. Malaysia is a federation of 13 states (Negeri) and 3 federal territories.

<span class="mw-page-title-main">British Malaya</span> Former set of states on Malay Peninsula

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<span class="mw-page-title-main">Reid Commission</span>

The Reid Commission was an independent commission responsible for drafting the Constitution of the Federation of Malaya prior to Malayan independence from the United Kingdom of Great Britain and Northern Ireland on 31 August 1957.

<span class="mw-page-title-main">1957 in Malaya</span> List of events

This article lists important figures and events in Malayan public affairs during the year 1957, together with births and deaths of significant Malayans. Malaya became independent from British colonial rule on 31 August 1957.

This article lists important figures and events in Malayan public affairs during the year 1948, together with births and deaths of significant Malayans. Malaya left the British colonial Malayan Union; the Federation of Malaya took place on 1 February.

<span class="mw-page-title-main">Conference of Rulers</span> Council of Malaysia Rulers

The Conference of Rulers in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states. It was officially established by Article 38 of the Constitution of Malaysia, and is the only such institution in the world, according to the Malaysian National Library. Its main responsibility is the election of the Yang di-Pertuan Agong (King) and their deputy, the Timbalan Yang di-Pertuan Agong, which occurs every five years or when the positions fall vacant. Although its position in the process of elective monarchy is unique, the Conference of Rulers also plays a role in amending the Constitution of Malaysia and some other policies, in particular, those Articles which have been "entrenched", namely those pertaining to the status of the rulers, the special privileges of the indigenous Bumiputra, the status of the Malay language as the national language, and the clause governing the entrenchment of such Articles.

<span class="mw-page-title-main">All-Malaya Council of Joint Action</span> Political party in Malaysia

The All-Malaya Council of Joint Action (AMCJA) was a coalition of political and civic organisations in Malaya formed to participate in the development of a constitution for post-war Malaya in preparation for independence and to oppose the Constitutional Proposals for Malaya which eventually formed the basis of the Federation of Malaya Agreement.

<span class="mw-page-title-main">Government of Malaysia</span> Federal government of Malaysia

The Government of Malaysia, officially the Federal Government of Malaysia, is based in the Federal Territory of Putrajaya, with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation comprising the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a constitutional monarchy under the Westminster system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.

<span class="mw-page-title-main">History of the Royal Malaysia Police</span> Origins of the Royal Malaysian Police

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<span class="mw-page-title-main">Monarchies of Malaysia</span> Constitutional monarchy

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<span class="mw-page-title-main">Malaysia Agreement</span> Treaty combining North Borneo, Sarawak and Singapore into Malaya

The Malaysia Agreement or the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore (MA63) was the agreement which combined North Borneo, Sarawak, and Singapore with the existing states of the Federation of Malaya, the resulting union being named Malaysia. Singapore was later expelled from Malaysia, becoming an independent state on 9 August 1965.

<span class="mw-page-title-main">Proclamation of Malaysia</span>

The Proclamation of Malaysia was a statement, written in English and Malay, that declared the merger of the Federation of Malaya with the State of Singapore and the British crown colonies of North Borneo and Sarawak into the new Federation of Malaysia, following the enactment of the Malaysia Agreement and the Malaysia Act 1963 that July. The merger came into effect on 16 September 1963, and the proclamation was delivered on that date by Prime Minister Tunku Abdul Rahman in the Stadium Merdeka in Kuala Lumpur.

<span class="mw-page-title-main">Malaysia Bill</span> International treaty

The Malaysia Bill is an annex of the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore. It gave effect to the Agreement where that the British colonies of North Borneo, Sarawak and the State of Singapore should be federated with the existing States of the Federation of Malaya and the name of the federation should be Malaysia, and the Federal constitution wherewith to amend and adopt the Constitution of the Federation of Malaya so as to provide for the admission of those States. it adopted its present name, the name of the Constitution of the Federation of Malaya should be changed into Constitution of Malaysia.

The Constitution of Penang, introduced in 1957, is the fundamental law of the Malaysian state of Penang. The constitution, which came into effect just before the independence of the Malayan Federation from the British Empire, concerns the formation and proceedings of the state government. It also establishes the Governor as the head of state who acts in the discretion of the Chief Minister, the head of government.

References

  1. ↑ "Sorry! This Site is Currently Not Available!". www.digitalibrary.my. Retrieved 20 June 2023.
  2. ↑ See paragraphs 74 and 75 of Report by the Federation of Malaya Constitutional Conference Archived 4 September 2012 at the Wayback Machine
  3. ↑ "Sorry! This Site is Currently Not Available!". www.digitalibrary.my. Retrieved 20 June 2023.
  4. ↑ Wu Min Aun (2005).The Malaysian Legal System, 3rd Ed., pp. 47 and 48.: Pearson Malaysia Sdn Bhd. ISBN   978-983-74-3656-5.
  5. ↑ See the Malaysia Act (Act 26/1963)
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