Reid Commission

Last updated

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.

Contents

Constitutional conference

A constitutional conference was held in London from 18 January to 6 February 1956 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.

The conference proposed the appointment of an independent commission to devise a constitution for a fully self-governing and independent Federation of Malaya. This proposal was accepted by Queen Elizabeth II and the Malay rulers.

Appointment of Reid Commission members

In March 1956, an independent commission to draw up a constitution for a fully self-governing and independent Malaya was set up. Accordingly, a commission headed by Lord Reid, a distinguished Lord of Appeal in ordinary, and consisting of constitutional experts from fellow Commonwealth countries was appointed by the Queen Elizabeth II and the Malay Rulers. The commission was appropriately called the Reid Commission. The commission was to include a Canadian representative, but Canada's nominee was unable to attend for reasons of ill health. [1]

Meetings and receiving memoranda

The Reid Commission met 118 times between June and October 1956.and received 131 memoranda from various individuals and organisations, including proposals from the Alliance Party and the Conference of Rulers.

Submitting report

The commission submitted its working draft on 21 February 1957, which was scrutinised by a Working Committee. The Working Committee consisted of four representatives from the Malay rulers, another four from the Alliance government, the British High Commissioner, the Chief Secretary, and the Attorney General.

Table of contents

Drafting constitution

Although enshrining concepts such as federalism and a constitutional monarchy, the proposed Malayan constitution by the Reid Commission also contained provisions protecting special position for the Malays, such as quotas in admission to higher education and the civil service, and making Islam the official religion of the federation. It also made Malay the official language of the nation, but the right to vernacular education in Chinese and Tamil would be protected.

Although Tunku Abdul Rahman and the Malay rulers had asked the Reid Commission to ensure that "in an independent Malaya all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed", the Malay's special position, which many in the ruling United Malays National Organisation backed, were cited as necessary by the Reid Commission as a form of affirmative action. The controversial measures were included as Articles 3, 152 and 153 of the Constitution. [2] [3]

On the basis of their recommendations, the new Federal Constitution was passed by the Parliament of the United Kingdom in June 1957. The constitution draft was presented, debated and passed Federal Legislative Council on August 15, 1957, and the Constitution took effect on August 27, but there was no referendum involving Malayan people to be held. [4]

However, formal independence was achieved only on August 31, when the Federation of Malaya became an independent sovereign country.

The constitutional machinery devised to bring the new constitution into force consisted of the following:

Aftermath

Large-scale amendments to the Constitution were made when Singapore, Sabah and Sarawak merged with the Federation of Malaya to form the Federation of Malaysia in 1963. It now became known as the Federal Constitution.

See also

Related Research Articles

Federation of Malaya 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 the federation united with the Singapore, North Borneo, and Sarawak Crown Colonies.

Tunku Abdul Rahman 1st Prime Minister of Malaya and Malaysia (1955–1970)

Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah was a Malaysian statesman and lawyer who served as the first prime minister of Malaysia and the head of government of its predecessor states from 1955 to 1970. He was the first chief minister of the Federation of Malaya from 1955 to 1957. He supervised the independence process that culminated on 31 August 1957. As Malaya's first prime minister he dominated politics there for the next 13 years. In 1963, he successfully incorporated the Federation of Malaya, British North Borneo, Sarawak, and Singapore into the state of Malaysia. However, tensions between the Malay and Chinese communities resulted in Singapore's expulsion in 1965. His poor performance during race riots in Kuala Lumpur in 1969 led to his resignation in 1970. Commonly known simply as "Tunku", Tunku Abdul Rahman is widely regarded, even by his critics, as Malaysia's "founding father", the architect of Malayan independence and of the formation of Malaysia. As such, he is often referred to as Father of Independence or Father of Malaysia.

United Malays National Organisation Malaysias largest, main Malay and national political party

The United Malays National Organisation, abbreviated UMNO or lesser-known as PEKEMBAR, is a political party in Malaysia. As the oldest continous national political party within Malaysia, UMNO is often referred to as Malaysia's "Grand Old Party". UMNO is a founding and the principal dominant member of the Barisan Nasional (BN) coalition, which taken along with its predecessor Alliance, had been the main governing party of Malaysia from the independence of Malaya in 1957 until its defeat in the 2018 general election. From 1957 to 2018, every Prime Minister of Malaysia was also the President of UMNO. It has since returned to power twice as a result of the 2020-2022 Malaysian political crisis, firstly as a partner in a Perikatan Nasional-led government and subsequently as the leading party in a BN-led government with UMNO vice-president Ismail Sabri serving as Prime Minister.

Constitution of Malaysia Federal Constitution of Malaysia

The Federal Constitution of Malaysia which came into force in 1957, is the supreme law of Malaysia and it contains a total of 183 Articles. It is a written legal document that have been shaped by two previous documents which were 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 whose roles are largely ceremonial. It provides for the establishment and the 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.

Abdul Rahman of Negeri Sembilan Yang di-Pertuan Agong I

Tuanku Sir Abdul Rahman ibni Almarhum Tuanku Muhammad was the first Paramount Ruler or Yang di-Pertuan Agong of the Federation of Malaya, eighth Yang di-Pertuan Besar of Seri Menanti and second Yang di-Pertuan Besar of modern Negeri Sembilan.

Ibrahim of Johor 22nd Sultan of Johor, Malaysia

Sultan Sir Ibrahim Al-Masyhur Ibni Almarhum Sultan Abu Bakar Al-Khalil Ibrahim Shah was a Malaysian sultan and the 22nd Sultan of Johor and the 2nd Sultan of modern Johor. He was considered to be "fabulously wealthy."

Independence Day (Malaysia) National holiday in Malaysia, observed annually on 31 August

Independence Day, is the official independence day of Malaysia. It commemorates the Malayan Declaration of Independence of 31 August 1957, and is defined in Article 160 of the Constitution of Malaysia. The day is marked by official and unofficial ceremonies and observances.

Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for "safeguard[ing] the special position of the 'Malays' and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities" and goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and public education.

<i>Ketuanan Melayu</i> Political concept emphasising Malay preeminence in Malaysia

Ketuanan Melayu is a political concept that emphasises Malay preeminence and superiority in present-day Malaysia. The Malays of Malaysia have claimed a special position and special rights owing to their longer history in the area and the fact that the present Malaysian state itself evolved from a Malay polity. The oldest political institution in Malaysia is the system of Malay rulers of the nine Malay states. The British colonial authorities transformed the system and turned it first into a system of indirect rule, then in 1948, using this culturally based institution, they incorporated the Malay monarchy into the blueprints for the independent Federation of Malaya.

Social contract (Malaysia) Understanding that non-Malays can be citizens of Malaysia if they accept a special role for Malays

The social contract in Malaysia is an artificial political construct first mooted in the 1980s, allegedly to justify the continuation of preferential policies for the majority Bumiputera population beyond the envisaged 20-year initial duration of the Malaysian New Economic Policy. Proponents of the construct allege that it reflects an understanding arrived at - prior to Malaya's independence in 1957 - by the country's "founding fathers"

1957 in Malaya 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.

Singapore in Malaysia 1963–1965 Singaporean statehood in Malaysia

Singapore, officially the State of Singapore, was one of the 14 states of Malaysia from 1963 to 1965. Malaysia was formed on 16 September 1963 by the merger of the Federation of Malaya with the former British colonies of North Borneo, Sarawak and Singapore. This marked the end of a 144-year British rule in Singapore which began with the founding of modern Singapore by Sir Stamford Raffles in 1819. At the time of merger, it was the smallest state in the country by land area.

First Rahman cabinet

Tunku Abdul Rahman formed the first Rahman cabinet after being invited to begin a new government following the 27 July 1955 general election in Malaysia. Upon receiving the assent of the Rulers of the Malay States, the composition of the cabinet was announced by the High Commissioner of the Federation of Malaya, Donald MacGillivray, from King's House on 4 August 1955. The cabinet was sworn on 9 August 1955, by the Chief Justice of Malaya, Prethaser.

Ong Yoke Lin Malaysian politician (1917–2010)

Tun Omar Ong Yoke Lin was a Malaysian politician, diplomat and businessman. He was a founding member of the Malaysian Chinese Association, and was a key figure in the country's road to independence. Ong served various positions in the government of Malaya and Malaysia, as a Cabinet minister and ambassador.

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 British 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.

Nik Ahmad Kamil Malaysian politician

Nik Ahmad Kamil bin Nik Mahmud was a Malaysian politician who played an active role during the country's road to independence. A prominent member of the United Malays National Organisation (UMNO) in the state of Kelantan, he served as the fourth Speaker of the Dewan Rakyat, the lower house of the Malaysian Parliament.

Malaysia Agreement 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.

Proclamation of Malaysia

The Proclamation of Malaysia was a statement, written in English and Malay, that declared the merger of the Federation of Malaya with the British crown colonies of North Borneo, Sarawak and Singapore 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.

Malayan Declaration of Independence

The Malayan Declaration of Independence, was officially proclaimed on 31 August 1957, by Tunku Abdul Rahman, the first Chief Minister of the Federation of Malaya. In a ceremony held at the Merdeka Stadium, the proclamation document was read out at exactly 09:30 a.m. in the presence of thousands of Malayan citizens, Malay Rulers and foreign dignitaries. The proclamation acknowledges the establishment of an independent and democratic Federation of Malaya, which came into effect on the termination of the British protectorate over nine Malay states and the end of British colonial rule in two Straits Settlements, Malacca and Penang.

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. ↑ Stilt, Kristen (2015). "Contextualizing constitutional Islam: The Malayan experience". International Journal of Constitutional Law. 13 (2): 414. doi: 10.1093/icon/mov031 .
  2. ↑ Adam, Samuri & Fadzil, p. 153–155.
  3. ↑ Ooi, Jeff (2005). "Social Contract: 'Utusan got the context wrong'" Archived 2005-10-30 at the Wayback Machine . Retrieved November 11, 2005.
  4. ↑ Jawan, Jayum A. (2003). Malaysian Politics & Government, p. 43. Karisma Publications. ISBN   983-195-037-2.

Sources

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.