Front matterFederal Constitution
PreamblePursuant To Article 160a Of The Federal Constitution First introduced as the Constitution of the Federation of Malaya on Merdeka Day … … 31...
Part I
TextTHE STATES, RELIGION AND LAW
Article cSubsection 2(2) of Act A566 also provided in force from 01-02-1974 that—
Article cThe words “States of Malacca, Penang, Sabah and Sarawak” substituted for the words
Article dSee Art. 5 of the Constitutions of the States of Malacca and Penang. Clause (5) a. Added by Act A206, section 11, in force from 01-02-1974...
Article cThe words “Kuala Lumpur, Labuan and Putrajaya” substituted for the words “Kuala
Part II
TextFUNDAMENTAL LIBERTIES
Article cThe proviso was amended by the addition of the words “and any such restriction shall apply reciprocally to the States of Malaya and the Sta...
Article cSubsequently the words “Territories of Kuala Lumpur and Labuan” substituted for the word “Territory” by Act A585, section 20, in force from...
Article dThe words “Kuala Lumpur, Labuan and Putrajaya” substituted for the words “Kuala
Part III
TextCITIZENSHIP
ChapterChapter 1—Acquisition of Citizenship
Article 1The present Article was inserted by Act 26/1963, section 23, in force from 16-09-1963, but Clauses (1)(c), (2) and (3), which are reproduce...
Article 2The earlier Article, as it stood at the date of repeal, read as follows: “14. (1) Subject to the following provisions of this Article, the...
Article 1The present Article was inserted by Act 26/1963, section 25, in force from 16-09-1963. Act 59/1966, section 2, in force from 09-08-1965, am...
Article iin Clause (2), the words “eighteen years” substituted for the words “twenty-one years”. Clause (3) a. See Second Schedule, Part III, sectio...
Article iClause (3) was repealed.
Article 2The original Article as it stood on Merdeka Day read as follows: “15. (1) Subject to Article 18, any woman who is married to a citizen is e...
Article 3Art. 15—(cont.)
Article ithe words “eighteen years” substituted for the words “twenty-one years”.
Article 1Art. 16
Article 2Act 25/1963, section 8, in force from 29-08-1963, deleted the words “except where the application is made within one year after Merdeka Day...
Article 3Act 26/1963, subsection 29(1), in force from 16-09-1963—
Article 1Art. 16a
Article 2Act 59/1966, section 2, in force from 09-08-1965, deleted the words “outside Singapore”
Article 3The words “the State of Sabah or Sarawak” substituted for the words “a Borneo State”
Article 4See Art. 25(1), (1a), (2) & 28a(4).
Article 5This Clause was amended by Act A1752, section 4, not yet in force, as follows:
Article iArticle 16a was repealed. Federal Constitution and the applicant has attained the age of forty-five years at the date of the application, t...
Article 1Art. 17
Article 2This Article was repealed by Act 14/1962, section 5, in force from 01-07-1963, the repeal to be without prejudice to the operation of the A...
Article 3There are references to this repealed Article in Art. 25(1), (1a), (2), 28(1)(a), 28a(4), 43(7) and in Eighth Schedule subsections 2(3) and...
Article 1Art. 18
Article 2See Art. 15(1), (2), (3), 15a, 16 & 16a.
Article 3This Article was amended by Act A1752, section 5, not yet in force, as follows:
Article ithe following Clause was inserted after Clause (1): “(1a) A person under the age of eighteen years who is a citizen by registration shall,...
Article 1Art. 19
Article csubparagraph (a)(ii) which read as follows was repealed: “(ii) he has resided in Singapore for the required periods and intends, if the cer...
Article dthis Clause was amended by Act A1752, paragraph 6(a), not yet in force, as follows:
Article ithe words “eighteen years” substituted for the words “twenty-one years”. Clause (2) This Clause was amended by Act A1752, paragraph 6(b), n...
Article ithe words “eighteen years” substituted for the words “twenty-one years”. Clause (4) a. The words “outside Singapore” which appeared after t...
Article 2Clauses (6), (7) and (8) which read as follows were repealed: “(6) A person to whom a certificate of naturalization is granted shall be a S...
Article 3The earlier Article read as follows: “19. Subject to Article 21, the Federal Government may, upon application made by any person of or over...
Article 4Art. 19—(cont.)
Article 5Paragraph (e) was inserted by Act 14/1962, section 6, in force from 01-10-1962. Federal Constitution
Article 1Art. 19a
Article 2There is a reference to this repealed Article in Second Schedule, Part III, subsection 4(3), hence reference to Article 19a is retained in...
Article 1Art. 20
Article 2The words “States of Malaya” which appear at the end of Clause (1)(b) were inserted by
Article 3For list of forces prescribed under Article 20(1)(a)—see L.N. 261/1958. Art. 21 This Article was repealed by Act 26/1963, section 70, in fo...
ChapterChapter 2—Termination of Citizenship
TextRenunciation of citizenship
Article cThis Clause was amended by Act A1752, paragraph 7(a), not yet in force, as follows:
Article ithe words “eighteen years” substituted for the words “twenty-one years”. Clause (2) a. Act 10/1960, paragraph 2(c), in force from 01-12-196...
Article ithe words “eighteen years” substituted for the words “twenty-one years”. Art. 24 Act 26/1963, subsection 33(1), in force from 16-09-1963, o...
Article cAmended by Act A354, paragraph 8(a) and (b), in force from 27-08-1976, by substituting the words “country outside the Federation” for the w...
Article cThe words “countries outside the Federation” substituted for the words “foreign countries” by Act A354, paragraph 8(c), in force from 27-08...
Article dParagraph (c): See Schedule 2 Part III, subsection 4(1). e. See Art. 28(3). Clause (3) This Clause was repealed by Act 14/1962, section 32,...
Article ithe words “date of the acquisition of citizenship by registration” substituted for the words “date of the marriage”. Clauses (3) & (4): See...
Article 1Art. 26a
Article 2Act 26/1963, subsection 29(4), in force from 16-09-1963, substituted the words “this
Article 3Act 59/1966, section 2, in force from 09-08-1965, omitted the words “or the Constitution of the State of Singapore”.
Article 4See Art. 26b(2) & 28a(2).
Article 5Art. 26a—(cont.)
Article ithe word “eighteen” substituted for the words “twenty-one”. Art. 26b Added by Act 14/1962, section 11, in force from 01-10-1962. Clause (2)...
Article 1Art. 28
Article 2See respective State Nationality Enactment 1952. Federal Constitution a Ruler, under any provision of the said Agreement or of any State la...
(2)A declaration made under this Article during any war in which the Federation is engaged shall not be registered except with the approval of...
(3)This Article applies to a woman under the age of twenty-one years who has been married as it applies to a person of or over that age.
ChapterChapter 3—Supplemental
Article 1Act 26/1963, subsection 24(3), in force from 16-09-1963, added Clauses (3) and (4) and amended Clause (2) by substituting the words “Clause...
Article 2Act 59/1966, section 2, in force from 09-08-1965, deleted the words “; and this Clause shall apply to questions arising under the Constitut...
Article 3See Second Schedule, Part III, paragraph 16(2)(c). Art. 30a This Article was inserted by Act 26/1963, section 31, in force from 16-09-1963,...
Part IV
ChapterChapter 1—The Supreme Head
ChapterChapter 2—The Conference of Rulers
Article 1Art. 37
Article 2Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to the
Article 3The words “Federal” and “Chief Justice of the Federal Court” substituted for the words
ChapterChapter 3—The Executive
Article cThe words “and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services,”...
Article dSee note under Art. 42(10). Clause (3) a. The words “For the purpose of this Clause the Federal Territory shall be regarded as a State.” we...
Article cSubsequently, the words “Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya” substit...
Article cAct 59/1966, section 2, in force from 09-08-1965, restored the original version “or
Article dThe words “or the Federal Territory” were inserted after the words “Malacca or Penang”
Article 1Art. 43a
Article 2See Art. 57(1a). Clauses (1), (2), (3) & (4) The words “Deputy Ministers” substituted for the words “Assistant Ministers” by Act A31, secti...
Article 1Art. 43b
Article 2See Art. 57(1a). Clause (2) a. The words “Deputy Ministers” substituted for the words “Assistant Ministers” by Act A31, section 10, in forc...
ChapterChapter 4—Federal Legislature
Article 1Art. 46
Article 2This Article was amended by Act 14/1962, section 14, in force from 21-06-1962, by substituting the words “one hundred and four elected memb...
Article 3This Article was substituted by Act 26/1963, section 9, in force from 16-09-1963, which read as follows: “46. (1) The House of Representati...
Article 4This Article was amended by Act 59/1966, section 2, in force from 09-08-1965, by substituting the word “forty-four” for the word “fifty-nin...
Article 5This Article was again amended by Act A206, section 12, in force from 23-08-1973, by the substitution of the whole Article which read as fo...
Article 6The present Article was substituted by Act A566, section 5, in force from 16-12-1983. However, the substitution shall not affect the compos...
Article cAct 160, section 2, in force from 29-08-1975, substituted the word “ringgit” for the word “dollars” in paragraph (e).
Article dAct A514, paragraph 19(b), in force from 27-08-1976, substituted the words “the State of Sabah or Sarawak” for the words “a Borneo State” i...
Article 1Art. 54
Article cAmended by Act A354, section 16, in force from 27-08-1976, by inserting after the words “the date on which it is established” the words “by...
Article dThe words “Clause (3)” substituted for the words “Clauses (2) and (3)” by Act A585, paragraph 21(a), in force from 14-04-1984. e. The words...
Article 2See Art. 57(1a) & 118a. Art. 55 Clause (4) a. See Art. 118a. b. Act 59/1966, section 2, in force from 19-09-1966, inserted the words “in th...
Article cThe words “the States of Sabah and Sarawak” substituted for the words “the Borneo
Article dThe words “in the States of Malaya and ninety days in the States of Sabah and Sarawak”
Article ithe words “or Clause (5a)” were inserted after the words “Clause (5)”. Clause (4): Added by Act 10/1960, section 8, in force from 31-05-196...
Article ithe words “or Clause (5a)” were inserted after the words “Clause (5)”. Federal Constitution Speaker and Deputy Speakers of the House of Rep...
Article iby inserting after the words “Clause (5)” the words “or Clause (5a)”. Federal Constitution
Article cIn the shoulder note, the words “Deputy Speakers” substituted for the words “Deputy
Article iby inserting after the words “Clause (5)” the words “or Clause (5a)”. Federal Constitution Remuneration of President, Deputy President, Spe...
Article 1Art. 58
Article 2The words “Deputy Speakers” substituted for the words “Deputy Speaker” appearing in this Article and in the shoulder note thereto by Act A5...
Article cThe words “and a Parliamentary Secretary” were added by Act A631, section 4, in force from 24-02-1986.
Article cThe words “the age of compulsory retirement for members of the general public service” substituted for the words “the age of fifty-five yea...
Article dThis Clause was amended by Act A1767, paragraph 4(a), not yet in force, as follows: “(2) The Clerk to the Senate and the Clerk to the House...
Article cThe word “Federal” substituted for the word “Supreme” by Act A885, section 7, in force from 24-06-1994. Clauses (2) & (3) The present Claus...
Article cThis Clause which is reproduced as follows, was deleted by Act A837, paragraph 5(b), in force from 20-11-1992: “(4) Except as otherwise exp...
ChapterChapter 5—Legislative procedure
Article cSubsequently, Act A885, paragraph 8(a), in force from 24-06-1994, substituted
Article cThe words “Clause (4a)” substituted for the words “Clause (4b)” by Act A885, paragraph 8(c), in force from 24-06-1994. Federal Constitution
Article 1Art. 67
Article 2See Art. 68(6). Art. 68 See Art. 66(1), (3) & (6). Federal Constitution
ChapterChapter 6—Capacity as respects property, contracts and suits
Part V
TextTHE STATES
Article cThe words “Yang di-Pertua Negeri” substituted for the word “Governor” by Act A354, section 42, in force from 27-08-1976.
Article dThe words “the State of Sabah or Sarawak” substituted for the words “a Borneo State”
Part VI
TextRELATIONS BETWEEN THE FEDERATION
ChapterChapter 1—Distribution of legislative powers
Article 1Art. 76a
Article 2See Art. 95c(1)(a).
Article 3See Incorporation (State Legislatures Competency) Act 1962 [Act 380]. Clause (3): See Art. 95c(3).
ChapterChapter 2—Distribution of executive powers
Article 1Art. 80
Article 2See Art. 95c(3).
Article 3The words “Chief Justice of the Federal Court” substituted for the words “Lord President of the Supreme Court” by Act A885, section 9, in f...
ChapterChapter 3—Distribution of financial burdens
TextFinancing of expenditure relating to matters on Concurrent
ChapterChapter 4—Land
Article 1Art. 84
Article 2See Art. 86(1), (2), (4), (5) & 88.
Article 1Art. 85
Article 2See Art. 86(2), (5) & 88. Federal Constitution
Article 1This Article was substituted by Act A704, section 6, in force from 10-06-1988. The previous Article read as follows: “86. (1) Where any int...
Article 2See Art. 88.
Article cThe words “Chief Justice of the Federal Court” substituted for the words “Lord
Article 1Art. 88
Article 2Paragraph (b)
ChapterChapter 5—National development
ChapterChapter 6—Federal surveys, advice to States and inspection of State activities
ChapterChapter 7—National Council for Local Government
TextNational Council for Local Government 95a. (1) There shall be a National Council for Local Government consisting of a Minister as Chairman, one representative from each of the States, who shall be appointed by the Ruler...
Article 1Art. 95a
Article 2See Art. 95e(1), (2) & (5)(b). Clause (1) a. The words “not exceeding ten” which appeared after the words “and such number” were deleted an...
(2)The Chairman may vote on any question before the National Council for Local Government and shall have a casting vote. 88 [Article 94] Feder...
ChapterChapter 8—Application to States of Sabah and Sarawak
TextModifications for States of Sabah and Sarawak of distribution of legislative powers 95b. (1) In the case of the States of Sabah and Sarawak—
Article 1Art. 95b
Article 2In the shoulder note, the words “States of Sabah and Sarawak” substituted for the words
Article iBorneo State (Legislative Powers) Order 1963—L.N. 17/1964;
Article iiBorneo State (Executive Powers) (Shotguns) Order 1963—L.N. 38/1964;
Article 1Art. 95d
Article 2The words “and in relation to Singapore” which appeared after the words “a Borneo State”
Article 3The words “the State of Sabah or Sarawak” substituted for the words “a Borneo State”
(a)the supplement to List II set out in the Ninth Schedule shall be deemed to form part of the State List, and the matters enumerated therein...
Part VII
ChapterChapter 1—General
Article cThe words “Yang di-Pertua Negeri” substituted for the word “Governor” by Act A354, section 42, in force from 27-08-1976.
Article dThe words “the State of Sabah or Sarawak” substituted for the words “a Borneo State”
Article cThe words “Territories of Kuala Lumpur and Labuan” substituted for the word
Article dSee Financial Procedure Act 1957 [Act 61]. e. The words “Kuala Lumpur, Labuan and Putrajaya” substituted for the words “Kuala Lumpur and La...
Article 1Art. 100
Article 2The words “heads of” before the word “expenditure” in line one were deleted by
Article 1Art. 101
Article 2The word “purposes” substituted for the word “heads” by Act A354, section 20, in force from 27-08-1976. Art. 102 See Art. 104(1)(c). Federa...
Article cAct A885, section 11, in force from 24-06-1994, substituted the word “Federal” for the word “Supreme”. Clauses (4) & (6): See Audit Act 195...
Article cSee Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240]. Art. 107 Clause (2) a. See Art. 112a(1). b. The words “Yang di-Pertu...
Article cSee—
Article iAssignment of Revenue (Export Duty on Iron Ore) Act 1962 [Act 395];
Article iiAssignment of Export Duty (Mineral Ores) Act 1964 [Act 396]. Clause (3b) a. Added by Act 14/1962, section 19, in force from 21-06-1962. b....
ChapterChapter 2—Application to States of Sabah and Sarawak
TextState audits in States of Sabah and Sarawak 112a. (1) The Auditor General shall submit his reports relating to the accounts of each of the States of Sabah and Sarawak, or to the accounts of any public authority exercisi...
Article cThe words “Yang di-Pertua Negeri” substituted for the word “Governor” by Act A354, section 42, in force from 27-08-1976. Clause (2) The wor...
Article 1Art. 112b
Article 2The words “or of Singapore” which appeared after the words “Borneo State” and the words “, nor the power of Singapore to borrow under the a...
Article 3The words “the State of Sabah or Sarawak” substituted for the words “a Borneo State” by
Article 1Art. 112d
Article 2See Art. 112c & Tenth Schedule, Part IV, subsection 1(2). Federal Constitution agree on the alteration or abolition of any of those grants,...
(2)The Yang di-Pertua Negeri shall cause any such report submitted to him to be laid before the Legislative Assembly.
(3)The powers and duties of the Auditor General in relation to the accounts mentioned in Clause (1) for any period ending before the year 1969...
Part VIII
TextELECTIONS
(1)There shall be an Election Commission, to be constituted in accordance with Article 114, which, subject to the provisions of federal law, s...
(2)(i) Subject to paragraph (ii), the Election Commission shall, from time to time, as they deem necessary, review the division of the Federat...
(a)the manner in which the revenue derived by the Federation from Singapore or any part of that revenue is to be collected and accounted for,...
(b)the exercise by the State government or other authority of that State in relation to any such revenue of powers conferred by the laws relat...
(c)the inclusion of Singapore in a common market with the rest of the Federation, the establishment of a Tariff Advisory Board and the laying...
(d)excluding or modifying in relation to the State all or any of the provisions of Articles 109 and 110 and the Tenth Schedule;
(e)the making of payments (by way of loan or otherwise) by the Federation to the State or by the State to the Federation;
(f)determining the revenue which is to be treated for the purposes of any such agreement as derived from Singapore, reviewing the operation of...
(2)The Yang di-Pertuan Agong shall by order make such provision as may be necessary to give effect to any such agreement as is mentioned in Cl...
(3)An order under Clause (2) may provide that the executive authority of the State shall extend to the administration of any specified provisi...
(4)In relation to Singapore Part III of the Tenth Schedule shall have effect as if the source of revenue specified in section 7 included the p...
(5)The decision of an independent assessor on any matter referred to him on the review of an agreement under this Article shall be binding on...
(6)Clause (4) of Article 108 shall not apply to require the Federal Government to consult the National Finance Council in respect of any agree...
(7)An agreement made before Malaysia Day shall have effect for the purposes of this Article.
(8)This Article shall cease to have effect as regards the making of any further agreement thereunder—
(a)if at any time there is no agreement in force under this Article; and
(b)in such other circumstances as may be provided by any agreement thereunder: Provided that it shall not under paragraph (a) so cease to have...
(ii)There shall be an interval of not less than eight years between the date of completion of one review, and the date of commencement of the n...
(iii)A review under paragraph (i) shall be completed within a period of not more than two years from the date of its commencement.
(3)If the Election Commission are of opinion that in consequence of a law made under Article 2 it is necessary to undertake the reviews mentio...
(3a)(i) Where the number of elected members of the House of Representatives is altered in consequence of any amendment to Article 46, or the nu...
(ii)A review under paragraph (i) shall not affect the interval provided under paragraph (ii) of Clause (2) in respect of a review under paragra...
(iii)The provisions of the Thirteenth Schedule shall apply to a review under this Clause, but subject to such modifications as may be considered...
(3b)Where an amendment to Article 46 or a law enacted by the Legislative Assembly of a State referred to in paragraph (i) of Clause (3a) comes...
Article iArt. 115(2);
Article iiElections Act 1958 [Act 19]. Clause (2) a. This Clause as originally in force commenced as follows: “After the first delimitation of consti...
Article cAct 26/1963, subsection 10(2), in force from 16-09-1963, deleted the words “After the first delimitation of constituencies in accordance wi...
Article dThe present Clause was substituted by Act A585, paragraph 25(a), in force from 14-04-1984 and replaced the earlier Clause which read as fol...
(4)Federal or State law may authorize the Election Commission to conduct elections other than those referred to in Clause (1).
(5)So far as may be necessary for the purposes of its functions under this Article the Election Commission may make rules, but any such rules...
(6)There shall be separate reviews under Clause (2) for the States of Malaya and for each of the States of Sabah and Sarawak, and for the purp...
(7)Subject to Clause (3), the period for the first reviews under Clause (2) for any unit of review shall be calculated from the first delimita...
(8)Notwithstanding Clause (7) of this Article the period for reviews under Clause (2) for the unit of review of the States of Malaya undertake...
(9)The date of the commencement of a review under Clause (2) or Clause (3a), as the case may be, shall be the date of the publication in the G...
(10)The date of the completion of a review under Clause (2) or Clause (3a), as the case may be, shall be the date of the submission of the repo...
(1)The Election Commission shall be appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, and shall consist...
Article cThe words “the States of Sabah and Sarawak” substituted for the words
Article dThe words “, and the expression “States of Malaya” shall include the Federal Territory of Kuala Lumpur and Federal Territory of Labuan” wer...
Article 1Upon the commencement of Act A1095, the area which constitutes the
Article 2Until the dissolution of Parliament next following the commencement of Act A1095, the federal constituency which includes the area which co...
Article 1Upon the commencement of Act A585 in force from 16-04-1984 the area which constitutes the Federal Territory of Labuan shall cease to form p...
Article 2Until the dissolution of the Legislative Assembly of the State of Sabah, next following the commencement of Act A585 the member of the said...
Article 3Until the dissolution of Parliament next following the commencement of that Act, the federal constituency which includes the area which con...
(2)In appointing members of the Election Commission the Yang di-Pertuan Agong shall have regard to the importance of securing an Election Comm...
(3)A member of the Election Commission shall cease to hold office on attaining the age of sixty-six years or on becoming disqualified under Cl...
(4)Notwithstanding anything in Clause (3), the Yang di-Pertuan Agong shall by order remove from office any member of the Election Commission i...
(a)is an undischarged bankrupt; or
(b)engages in any paid office or employment outside the duties of his office; or
(c)is a member of either House of Parliament or of the Legislative Assembly of a State.
(4a)In addition to any disqualification provided under Clause (4), the chairman of the Election Commission shall be disqualified from holding s...
(5)Parliament shall by law provide for the remuneration of members of the Election Commission, and the remuneration so provided shall be charg...
(5a)Subject to the provisions of this Article, Parliament 108 [Article 114] Federal Constitution Art. 114 Clause (1) a. The words “three other...
Article cThe words “, a deputy chairman” were inserted by Act A514, paragraph 8(a), in force from 15-05-1981. Clause (3) a. The words “Federal Court...
Article cAct A885, section 12, in force from 24-06-1994, substituted the word “Federal” for the word “Supreme”. Clause (4) a. The present Clause was...
Article cThe word “shall” substituted for the word “may” by Act A514, paragraph 8(b), in force from 15-05-1981. Clause (4)(b) a. Act A514, paragraph...
(6)The remuneration and other terms of office of a member of the Election Commission shall not be altered to his disadvantage after his appoin...
(7)Where, during any period, the chairman of the Election Commission has been granted leave of absence by the Yang di-Pertuan Agong or is unab...
(1)The Election Commission may employ such number of persons, on such terms and subject to such conditions, as the Commission may with the app...
(2)All public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be...
(1)For the election of members to the House of Representatives a unit of review shall be divided into constituencies in accordance with the pr...
(2)The total number of constituencies shall be equal to the number of members, so that one member shall be elected for 109 [Article 114] Feder...
(3)(Repealed).
(4)(Repealed).
(5)(Repealed).
(1)Every citizen who—
(a)has attained the age of eighteen years on the qualifying date; 110 [Article 116] Federal Constitution Art. 116—(cont.) Clause (2) a. The wo...
Article cThe words “Article 46 and the Thirteenth Schedule” substituted for the words
(4)Each State shall be divided into constituencies in such manner that each constituency contains a number of electors as nearly equal to the...
(5)In this Article—
(a)“electoral quota” means the number obtained by dividing the number of electors in the Federation or a State by the total number of constitu...
(b)“population quota” means the number obtained by dividing the population of the Federation or of a State by the total number of constituenci...
Article 1Art. 117
Article 2See Thirteenth Schedule, section 2.
Article 1Art. 118
Article 2The words “the High Court having jurisdiction where the election was held” substituted for the words “a judge of the Supreme Court” by Act...
Article 3See Art. 120(c).
Article 1Art. 118a
Article 2See Art. 120(c). Federal Constitution
(b)is resident in a constituency on such qualifying date or, if not so resident, is an absent voter; and
(c)is, under the provisions of any law relating to elections, registered in the electoral roll as an elector in the constituency in which he r...
(2)If a person is in a constituency by reason only of being a patient in an establishment maintained wholly or mainly for the reception and tr...
(3)A person is disqualified for being an elector in any election to the House of Representatives or the Legislative Assembly if—
(a)on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or
(b)having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a...
(4)In this Article—
(a)“absent voter” means, in relation to any constituency, any citizen who is registered as an absent voter in respect of that constituency;
(b)“qualifying date” means the date on which a person is registered as an elector in a constituency, or the date on which he applies for the c...
Article 3Art. 118a—(cont.)
Article 4The words “or by the corresponding provision of the Constitution of any State, as the case may be,” were inserted by Act A704, paragraph 7(...
Article iin paragraph (a), the word “and” at the end of paragraph was deleted;
Article iiin paragraph (b), by substituting for the comma at the end of paragraph the word
Article cSee Art. 120(c). Clause (1)(a) The words “eighteen years” substituted for the words “twenty-one years” by Act A1603, paragraph 3(a), in for...
(a)the whole of a State shall form a single constituency and each elector shall have as many votes at any election to the Senate as there are...
(b)the electoral rolls for elections to the House of Representatives shall also be the electoral rolls for elections to the Senate; and
(c)Articles 118, 118a and 119 shall apply in relation to elections to the Senate as they apply in relation to elections to the House of Repres...
Part IX
TextTHE JUDICIARY
Article cThe words “and such inferior courts as may be provided by federal law; and the High Courts and inferior courts shall have such jurisdiction...
Article dThe words “Sabah and Sarawak” substituted for the word “Borneo” by Act A885, paragraph 13(a), in force from 24-06-1994. Clause (1)(a) The w...
Article cThe words “There shall be” substituted for the words “The following jurisdiction shall be vested in” by Act A704, paragraph 8(d), in force...
Article dThe words “and the Supreme Court shall have the following jurisdiction” were inserted immediately after the words “Kuala Lumpur” by Act A70...
Article 1Upon sections 15, 16 and 17 of Act A566 coming into force on 01-01-1985, all references in or under the Constitution or in or under any oth...
Article 2The High Court in Borneo constituted under Clause (1)(b) of Article 121 of the
Article cSee—
Article iCourts of Judicature Act 1964 [Act 91];
Article iiSubordinate Courts Act 1948 [Act 92]. Federal Constitution
Article 1Art. 122
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3In the shoulder note of Clauses (1), (1a) and (2), the word “Federal” substituted for the word “Supreme” by Act A885, paragraph 14(a), in f...
Article cThe words “Chief Justice of the Federal Court”), of the President of the Court of Appeal, of the Chief Judges of the High Courts” substitut...
Article cThe words “sixty-six years” substituted for the words “sixty-five years” by Act A1239, section 2, in force from 21-03-2005. Clause (2) The...
Article 1Art. 122a
Article 2This Article was substituted by Act A885, section 15, in force from 24-06-1994 and read as follows: “122a. (1) Each of the High Courts shal...
Article 1Art. 122b
Article 2In the shoulder note, the words “Federal Court, Court of Appeal and” substituted for the words “Supreme Court and of” by Act A885, paragrap...
Article 3Act 59/1966, section 2, in force from 09-08-1965, amended—
Article 4See Articles 122a(2), 122c & 123.
Article 5The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. Clauses (1) & (4) Substitute...
Article 1Art. 122c
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3The words “Judge”, “Chief Justice of the Federal Court” and “Judges” substituted respectively for the word “Justice”, “Lord President of th...
Article 1Art. 123
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3The words “Federal Court, Court of Appeal and” and “Federal Court, as a judge of the Court of Appeal” substituted respectively for the word...
Article 1Art. 124
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. Clause (1) The words “Chief...
Article cSubsequently, the word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article dThe word “Federal” substituted for the word “Supreme” by Act A885, paragraph 21(a), in force from 24-06-1994. e. The words “sixty-six years...
Article cThe word “Federal” substituted for the word “Supreme” by Act A885, paragraph 21(a), in force from 24-06-1994. Clause (3) a. The words “Lord...
Article cThe words “Chief Justice” and “Federal” substituted respectively for the words “Lord
Article dThe words “any breach of any provision of the code of ethics prescribed under
Article cThe words “, or have before Malaysia Day held office as judge of the Supreme Court”
Article dThe words “Federal Court, the Court of Appeal” substituted for the words
Article cThe word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article dThe words “Chief Justice” substituted for the words “Lord President” by Act A885, paragraph 21(e), in force from 24-6-1994. Clause (6) a. T...
Article cSee Judges’ Remuneration Act 1971 [Act 45]. Clause (6a) a. Added by Act 14/1962, section 23, in force from 21-06-1962. b. The words “Federa...
Article cThe word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. Clauses (7) & (8) a. The wor...
Article 1Art. 125a
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3The words “Exercise of powers by judges” substituted for the shoulder note by Act A885, paragraph 22(a), in force from 24-06-1994.
Article 4Paragraph (a) of Clause (1) was substituted by Act A885, subparagraph 22(b)(i), in force from 24-06-1994. The original paragraph (a) read a...
Article 5Paragraph (aa) of Clause (1) was added by Act A885, subparagraph 22(b)(ii), in force from 24-06-1994.
Article 6In paragraph (b) of Clause (1), the words “Sabah and Sarawak” substituted for the word
Article 1Art. 126
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3The words “Power to punish for contempt” substituted for the shoulder note and the words
Article 1Art. 127
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3The words “Federal Court, the Court of Appeal” substituted for the words “Supreme Court” by Act A885, section 24, in force from 24-06-1994.
Article 1Art. 128
Article 2See Art. 121(2)(b). Clause (1) The words “in accordance with any rules of court regulating the exercise of such jurisdiction” were inserted...
Article 3Clause (2): See Art. 161(4) & 161b(2)
Article 1Art. 130
Article 2Subsequently the word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3See Art. 121(2)(b).
Article 4The word “Federal” substituted for the word “Supreme” by Act A885, section 26, in force from 24-06-1994. Art. 131 Clause (1) a. Act 25/1963...
Part X
TextPUBLIC SERVICES
(1)For the purposes of this Constitution, the public services are—
(a)the armed forces;
(b)the judicial and legal service;
(c)the general public service of the Federation;
(d)the police force;
(e)(Repealed);
(f)the joint public services mentioned in Article 133;
(g)the public service of each State; and
(h)the education service.
(2)Except as otherwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the...
(a)in the case of any decision from which an appeal from the Supreme Court of the Federation would have been entertained by Her Majesty in Cou...
(b)in the case of any decision as to the effect of any provision of this Constitution, including any opinion pronounced on a reference under A...
(3)Any appeal under this Article shall be subject to such conditions as to leave or otherwise as may be prescribed by federal law or by or und...
(4)On receiving from Her Majesty’s Government in the United Kingdom the report or recommendation of the said Committee in respect of an appeal...
Article iG.N. 1254/1958;
Article iiL.N. 30/1964; and iii. Courts of Judicature Act [Act 91], sections 74 to 79.
Article 1Art. 131a
Article 2The word “Supreme” substituted for the word “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.
Article 3In the shoulder note, the words “Chief Justice, President or Chief Judge” substituted for the words “Lord President or Chief Justice” by Ac...
(2a)Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c...
(3)The public service shall not be taken to comprise—
(a)the office of any member of the administration in the Federation or a State; or
(b)the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly o...
(c)the office of judge of the Federal Court, the Court of Appeal or a High Court; or
(d)the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established b...
(e)such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being posts which but for the order would be posts in the genera...
(4)References in this Part, except in Articles 136 and 147, to persons in the public service or to members of any of the public services shall...
(a)(Repealed);
(b)the Attorney General or, if provision for the manner of his appointment and removal from office is specifically included in the Constitutio...
(c)a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Yang di-Pertua Negeri; or
(d)in the case of Malacca and Penang, if provision is made by State law for their appointment—
(i)the President of the Religious Affairs Department; 123 [Article 132] Federal Constitution
TextSee Art. 153(3) & 160(2) definition of “Office of profit”.
Article cThe word “and” was deleted at the end of paragraph (f) and new paragraph (h) was inserted by Act A193, section 2, in force from 01-01-1974.
Article dParagraph (e) was deleted by Act A885, paragraph 28(a), in force from 24-06-1994. The original paragraph (e) read as follows: “(e) the rail...
Article cThe words “Yang di-Pertua Negeri” substituted for the word “Governor” by Act A354, section 42, in force from 27-08-1976.
Article dThe words “(e),” were deleted by Act A885, paragraph 28(b), in force from 24-06-1994. Clause (3) a. The present Clause was inserted by Act...
(a)any Minister or Assistant Minister of the Federation and the Chief Minister or any other member of the Executive Council of a State;
(b)a member of either House of Parliament or of the Legislative Assembly of a State;
(c)the Clerk to either House of Parliament and any member of the staff of Parliament;
(d)unless he has been appointed from among the members of the judicial and legal service or of the public service of his State, the legal advi...
(e)a member of the personnel staff of the Yang di-Pertuan Agong or of a Ruler or Governor;
(f)persons holding such diplomatic posts in the general public service of the Federation as the Yang di-Pertuan Agong may by order prescribe;...
(ii)the Secretary of the Religious Affairs Department;
(iii)the Mufti;
(iv)the Kadi Besar; or
(v)a Kadi.
(1)Joint services, common to the Federation and one or more of the States or, at the request of the States concerned, to two or more States, m...
(2)Where a member of any of the public services is employed—
(a)partly for federal purposes and partly for State purposes; or
(b)for the purposes of two or more States, the proportion, if any, of his remuneration payable by the Federation and the State or States conce...
(1)The Federation may, at the request of a State, local authority, or statutory authority or of any organization, in or outside Malaysia, seco...
(2)A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the Fe...
Article cIn paragraph (c) the words “Yang di-Pertua Negeri” substituted for the word “Governor” by
Article dParagraph (a) was repealed by Act A837, section 6, in force from 20-11-1992. Art. 133 See Art. 132(1)(f). Clause (2): See Art. 179. Art. 13...
(2)A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the St...
(1)No member of any of the services mentioned in paragraphs (b) to (h) of Clause (1) of Article 132 shall be dismissed or reduced in rank by a...
(2)No member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard:...
(a)where a member of such a service is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been pr...
(b)where the authority empowered to dismiss or reduce in rank a member of such a service is satisfied that for some reason, to be recorded by...
(c)where the Yang di-Pertuan Agong, or, in the case of a member of the public service of a State, the Ruler or Yang di-Pertua Negeri of that S...
Article cProviso was inserted by Act 27/1968, section 2, in force from 09-09-1968 and Act A31, section 5, in force from 24-03-1971.
Article dFurther proviso was inserted by Act A354, paragraph 30(a), in force from 27-08-1976. Clause (2) a. Proviso was inserted by Act A354, paragr...
Article cSee Art. 160(5)(b). Clause (3) a. The present Clause was inserted by Act 26/1963, subsection 53(1), in force from 16-09-1963. The earlier C...
(d)where there has been made against a member of such a service any order of detention, supervision, restricted residence, banishment or depor...
(3)No member of any of the services mentioned in paragraph
(c), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or redu...
(1)There shall be an Armed Forces Council, which shall be responsible under the general authority of the Yang di-Pertuan Agong for the command...
(2)Clause (1) has effect subject to the provisions of any federal law, and any such law may provide for the vesting in the Armed Forces Counci...
(3)The Armed Forces Council shall consist of the following members, that is to say:
(a)the Minister for the time being charged with responsibility for defence, who shall be Chairman;
(b)one member representing Their Royal Highnesses, who shall be appointed by the Conference of Rulers;
(c)the Chief of Defence Forces who shall be appointed by the Yang di-Pertuan Agong;
(d)a civilian member, being the person performing the duties of the office of Secretary General for Defence, who shall act as Secretary to the...
(e)two senior staff officers of the Federation Armed Forces, appointed by the Yang di-Pertuan Agong;
(f)a senior officer of the Federation Navy, appointed by the Yang di-Pertuan Agong;
(g)a senior officer of the Federation Air Force, appointed by the Yang di-Pertuan Agong;
(h)two, if any, additional members, whether military or civilian, appointed by the Yang di-Pertuan Agong.
(4)The Armed Forces Council may act notwithstanding a vacancy in its membership and may, subject to this Constitution and to federal law, prov...
(a)the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;
(b)the duties and responsibilities of the several members of the Council, including the delegation to any member of the Council of any of its...
(c)the consultation by the Council with persons other than its members; 127 [Article 137] Federal Constitution Art. 137 Clause (3) a. The pres...
(a)the Minister for the time being charged with responsibility for defence, who shall be chairman;
(b)one member representing Their Highnesses, who shall be appointed by the Conference of Rulers;
(c)the General Officer Commanding the Federation Army, who shall be appointed by the Yang di-Pertuan Agong and shall be Chief of Staff of the...
(d)the senior staff officer of the Federation Army responsible for personnel and the senior staff officer of the Federation Army responsible f...
(e)any officer appointed by the Yang di-Pertuan Agong to command the Federation Navy or the Federation Air Force;
(f)a civilian member, being the person performing the duties of the office of Secretary for Defence, who shall act as secretary to the Council;
(g)one, if any, additional member, whether military or civilian, appointed by the Yang di-Pertuan Agong.”. b. The words “Federation Navy” in p...
Article cThe words “Their Royal Highnesses” in paragraph (b) substituted for the words “Their
Article dSee Armed Forces Act 1972 [Act 77]. e. The words “Chief of Defence Forces” substituted for the words “Chief of the Armed Forces Staff” by A...
Article 1Upon the coming into operation of Act A1130, every reference to the “Chief of the
Article 2Any action taken by, in the name of or against the “Chief of Defence Forces” prior to the coming into operation of Act A1130 shall be deeme...
(d)the procedure to be followed by the Council in conducting its business (including the fixing of a quorum), the appointment, at its option,...
(e)any other matters for which the Council considers it necessary or expedient to provide for the better performance of its functions.
(1)There shall be a Judicial and Legal Service Commission, whose jurisdiction shall extend to all members of the judicial and legal service.
(2)The Judicial and Legal Service Commission shall consist of—
(a)the Chairman of the Public Services Commission, who shall be Chairman;
(b)the Attorney General or, if the Attorney General is a member of Parliament or is appointed otherwise than from among members of the Judicia...
(c)one or more other members who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Chief Justice of the Federal Cou...
(3)The person who is secretary to the Public Services Commission shall be secretary also to the Judicial and Legal Service Commission.
(1)There shall be a Public Services Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the...
(f)of Clause (1) of Article 132, other than the Auditor General, to members of the public services of the State of Malacca and the State of Pe...
Article 1Art. 138
Article cSee also Notes on this Article on the preceding page.
Article dThe words “Chief Justice of the Federal Court” and “Federal Court, Court of Appeal”
Article 2The earlier Article which was repealed by Act 10/1960, section 20, in force from 31-05-1960, read as follows: “138. (1) There shall be a Ju...
(2)Without prejudice to the functions exercisable by the Judicial and Legal Service Commission under any other Article, the jurisdiction of th...
(3)The Judicial and Legal Service Commission shall consist of—
(a)the Chief Justice, who shall be Chairman;
(b)the Attorney General;
(c)the senior puisne judge;
(d)the deputy chairman of the Public Services Commission; and
(e)one or more other members, who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Chief Justice, from among judge...
Article 3See Art. 148(1). Art. 139 See Art. 144(5b) & 148(1). Clause (1) a. The words “paragraphs (c) and (f)” in the original text were amended by...
Article cThe words “, (e)” was inserted after the word “(c)” by Act A514, paragraph 9(1)(a), in force from 15-05-1981.
Article dThe words “paragraphs (c) and (f)” substituted for the words “paragraphs (c), (e) and (f)” by Act A885, section 31, in force from 24-06-199...
(1a)The jurisdiction of the Public Services Commission shall extend to—
(a)members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak;
(b)members of the public service of the State of Sabah or Sarawak who are seconded to the general public service of the Federation; and
(c)members of the public service of the State of Sabah or Sarawak serving in federal posts or in any posts which have become federal posts in...
(2)The Legislature of any State other than Malacca and Penang may by law extend the jurisdiction of the Public Services Commission to all or a...
(3)Any extension of the jurisdiction of the Public Service Commission made by the Legislature of any State pursuant to Clause (2) may be revok...
(4)The Public Services Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after co...
(5)Either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the...
Article cSee Art. 146d(3). Clause (3) a. This Clause was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows: “(3) The...
(a)the thirty-first day of December, nineteen hundred and sixty-two; or
(b)the date on which there are first in operation as part of the Constitution of the State all the provisions set out in Part I of the Eighth...
Article cThe word “The” substituted for the words “Subject to Article 146b the” and the word
Article dThe words “other members; but the number of other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed th...
(6)A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the...
(1)There shall be a Police Force Commission whose jurisdiction shall extend to all persons who are members of the police force and which, subj...
(2)Federal law may provide for the exercise of other functions by the Police Force Commission.
(3)The Police Force Commission shall consist of the following members, that is to say:
(a)the Minister for the time being charged with responsibility for the police, who shall be Chairman;
(b)the officer of police in general command of the police force;
(c)the person performing the duties of the office of Secretary General to the Ministry under the Minister for the time being charged with resp...
(d)a member of the Public Services Commission appointed by the Yang di-Pertuan Agong;
(e)not less than two nor more than six other members, appointed by the Yang di-Pertuan Agong. 130 [Article 139]
Article 1Art. 140
(2)The Police Service Commission shall consist of the following members, that is to say,—
(a)a chairman appointed by the Yang di-Pertuan Agong, who shall be either the chairman or the deputy chairman of the Public Services Commissio...
(b)a member possessing legal qualifications, who shall be appointed by the Yang di-Pertuan Agong after consultation with the Chief Justice;
(c)not less than two nor more than four other members appointed by the Yang di-Pertuan Agong at his discretion but after considering the advic...
Article cClause (3)(a): See Art.142(1).
Article dAct A354, paragraph 32(b), in force from 27-08-1976, amended Clause (3)(e) by substituting the word “six” for the word “four”. Clause (4) a...
Article 2See Art. 148(1).
Article 3See Police Act 1967. Federal Constitution
(4)The Yang di-Pertuan Agong may designate as special posts the posts of Inspector General of Police, Deputy Inspector General of Police and a...
(5)Before acting in accordance with Clause (4) on the recommendation of the Police Force Commission, the Yang di-Pertuan Agong shall consider...
(6)The Police Force Commission may provide for all or any of the following matters:
(a)the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;
(b)the duties and responsibilities of the several members of the Commission, including the delegation to any member of the Commission or the p...
(c)the consultation by the Commission with persons other than its members;
(d)the procedure to be followed by the Commission in conducting its business (including the fixing of a quorum), the appointment, at its optio...
(e)any other matters for which the Commission considers it necessary or expedient to provide for the better performance of its functions.
(7)In this Article “transfer” does not include transfer without change of rank within the police force.
Article 1Art. 141
Article 2This Article which read as follows was repealed by Act A514, subsection 10(1), in force from 15-05-1981: “141. (1) Subject to Clause (4), t...
(2)The Railway Service Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after co...
(3)One of the members of the Railway Service Commission shall be appointed from among the members of the Public Services Commission and two of...
(4)A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the...
(5)If the railway service ceases to be a public service of the Federation Parliament may by law abolish the Railway Service Commission.”. Note...
(a)any matter or proceeding in respect of any member of the railway service which is pending before the Railway Service Commission shall be pr...
(b)any delegation made to any person or Board by the Railway Service Commission under Clause (6) of Article 144 shall continue to have full fo...
(c)the appointment of any person as a member of the Railway Service Commission shall cease to have effect; and
(d)any reference to the Railway Service Commission in any written law shall be construed as reference to the Public Services Commission.”. Fed...
(2)The Education Service Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after...
(3)A member of any of the public services appointed to be Chairman or Deputy Chairman shall not be eligible for any further appointment in the...
(1)Subject to paragraph (a) of Clause (3) of Article 140, a member of either House of Parliament or of the Legislative Assembly of a State sha...
(2)Subject to Clause (3), a person shall not be appointed to be a member of any of the Commissions to which this Part applies if he is, and sh...
(a)a member of any of the public services;
(b)an officer or employee of any local authority, or of any body, whether corporate or otherwise, or of any body or authority established by l...
(c)a member of a trade union or of a body or association affiliated to a trade union.
(2a)In addition to any disqualification provided under Clause (2), the Chairman or Deputy Chairman of any of the Commissions *Subsequently “twe...
Article 1Art. 141a
Article 2This Article was inserted by Act A193, section 4, in force from 01-01-1974. Clause (2) a. The words “not less than four but not more than e...
Article cThe words “others members; but the number of the other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exce...
(3)Clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain Chairman or D...
(3a)Where, during any period, the Chairman of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is...
(4)Where, during any period, a member of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unab...
(a)if he is an appointed member, the Yang di-Pertuan Agong may appoint to exercise his functions during that period any person who would be qu...
(b)if he is an ex officio member, any person authorized 133 [Article 142] Federal Constitution Art. 142—(cont.) Clause (3a): Added by Act A514...
Article cThe words “Federal Court, of the Court of Appeal” substituted for the words
(5)A Commission to which this Part applies may act notwithstanding a vacancy in its membership, and no proceedings of such a Commission shall...
(6)Before exercising his functions as a member of any of the said Commissions or under Clause (4) any person other than an ex officio member s...
(1)Save as provided under Clause (2) of Article 142, a member of a Commission to which this Part applies, other than an ex officio member—
(a)shall be appointed for a term of five years or, if the Yang di-Pertuan Agong, acting in his discretion but after considering the advice of...
(b)may, unless disqualified, be reappointed from time to time; and
(c)may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the...
(2)Parliament shall by law provide for the remuneration of any member of the said Commission other than a member for whose remuneration as hol...
(3)The remuneration and other terms of office of a member of a Commission to which this Part applies shall not be altered to his disadvantage...
Article cThe word “Federal” substituted for the word “Supreme” by Act A885, section 33, in force from 24-06-1994. Clause (2) a. See Art. 146c(2). b....
(1)Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of a Commission to which thi...
(2)Federal law may provide for the exercise of other functions by any such Commission.
(3)The Yang di-Pertuan Agong may designate as special posts any post held by the head or deputy head of a department or by an officer who in h...
(4)The Ruler or Yang di-Pertua Negeri of a State may designate as special posts any posts in the public service of his State held by the head...
(5)Before acting, in accordance with Clause (3) or (4), on the recommendation of the Commission therein mentioned—
(a)the Yang di-Pertuan Agong shall consider the advice of the Prime Minister; and
(b)the Ruler or Yang di-Pertua Negeri shall consider the advice of the Chief Minister of his State, and may once refer the recommendation back...
(5a)Save as provided in Clause (5b), federal law and, subject to the provisions of any such law, regulations made by the Yang di-Pertuan Agong...
Article 1Art. 144
Article cFor list of designated posts—see L.N. (N.S) 119/1957 & 397/1958. Clause (4) a. The words “a State Public Service Commission” substituted fo...
Article cIn the proviso to paragraph (a), the words “or of any power of promotion” were substituted for the words “or to any power of promotion” by...
Article 2See—
Article iPublic Services Promotion Board Regulations 1967, in P.U. 291/1967, as amended by
Article iiPublic Services Disciplinary Board Regulations 1967, in P.U. 292/1967, as amended by
Article iiiPublic Services Commission (Promotion) (Appeal Board) Rules 1968, in P.U. 386/1968. Federal Constitution service to which the jurisdiction...
(a)no such law or regulation may provide for the exercise by any such officer or board of officers of any power of first appointment to the pe...
(b)any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commis...
(5b)(i) Notwithstanding the provisions of Clause (1) of Article 135 and Article 139 and Article 141a, all the powers and functions of the Publi...
(ii)Any person aggrieved by the exercise by the board of any of the aforesaid powers or functions may appeal to an Appeal Board appointed by th...
(iii)The Yang di-Pertuan Agong may by regulations provide for matters relating to the appointments of the members of, and the procedure to be fo...
(iv)Where the Yang di-Pertuan Agong has appointed the board under paragraph (i) of this Clause for the purpose of exercising any of the powers...
(6)A Commission to which this Part applies may delegate to any officer in a service to which its jurisdiction extends, or to any board of such...
(6a)In respect of members of the general public service of the Federation who are employed in posts ancillary to the armed forces or any of the...
(7)In this Article “transfer” does not include transfer without change of rank within a department of Government.
(8)A Commission to which this Part applies may, subject to the provisions of this Constitution and of federal law, make rules regulating its p...
(1)The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court...
(2)It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, an...
(3)The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence,...
(3a)Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has po...
(2)The Attorney General shall advise on legal matters referred to him by the Yang di-Pertuan Agong or the Cabinet, and shall have power, exerc...
(3)The Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tr...
(4)Subject to Clause (5), the Attorney General shall hold office until he attains the age of sixty-five years or such later time, not later th...
(5)The Attorney General may at any time resign his office but shall not be removed from office except on the like grounds and in the like mann...
Article cThe word “Federal” substituted for the word “Supreme” by Act A885, section 34, in force from 24-06-1994. Clause (3) a. The words “a native...
(4)In the performance of his duties the Attorney General shall have the right of audience in, and shall take precedence over any other person...
(5)Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign h...
(6)The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the...
(1)Each of the Commissions to which this Part applies shall make an annual report on its activities to the Yang di-Pertuan Agong and copies of...
(2)The Public Services Commission shall send a copy of every report made under this Article to the Ruler or Yang di-Pertua Negeri of each Stat...
Article 1Art. 146a
(2)The branch of the Judicial and Legal Service Commission for the Borneo States shall consist of—
(a)the Chief Justice of the High Court in Borneo, who shall be Chairman;
(b)the legal advisers of the Borneo States;
(c)the Chairman of the State Public Service Commission (if any) in each of the Borneo States; and
(d)two persons designated by the Federal Government from among the members of the main body of the Judicial and Legal Service Commission or Pu...
(3)(Repealed).
(4)(Repealed).
(5)Notwithstanding Clause (2) of Article 134, so long as there is for the Borneo States a branch of Judicial and Legal Commission under this A...
(6)This Article shall have effect until the end of August 1968, and thereafter in relation to the Borneo States, until the Federal Government...
Article 2See Art. 138(2), 146c(1), (2) & (3).
Article 3In the shoulder note, the word “Branch” substituted for the word “Branches” by
(a)the Chief Justice of the High Court in Singapore, who shall be Chairman;
(b)the legal adviser of the State;
(c)the chairman of the State Public Service Commission in Singapore;
(d)a judge of the High Court in Singapore designated by the Chief Justice;
(e)not more than two members of the Public Services Commission, being the member or members of the main body serving under Clause (3) of Artic...
(a)not more than one of those chairmen shall attend any meeting of the branch, and the one entitled to attend and be summoned to any meeting s...
(b)the branch shall not make appointments to posts in the State of either of those chairmen at a meeting which he does not attend and has not...
(a)in relation to the Borneo States, until the Federal Government determines to the contrary; and
(b)in relation to Singapore, until Parliament otherwise provides by an Act passed with the concurrence of the Governor.”.
Article 1Art. 146b
Article cThe words “and the branch is constituted in accordance with Clause (3)” after the words “Public Services Commission under this Article” wer...
Article dThe words “Yang di-Pertua Negeri” substituted for the word “Governor” by Act A354, section 42, in force from 27-08-1976. Clause (8) a. This...
(a)in relation to a Borneo State, until the Federal Government determines to the contrary; and
(b)in relation to Singapore, until Parliament otherwise provides by an Act passed with the concurrence of the Governor.”. b. The words “This A...
Article cThe words “the State of Sabah or Sarawak” substituted for the words “a Borneo State” by
Article dSee Art. 139(4), 146c(1), (2) & (3).
Article 2This Article was repealed by Act A514, section 13, in force from 15-05-1981 and read as follows: “146b. (1) In respect of members of the ge...
(2)The branch of the Public Services Commission established for a State under Clause (1) shall consist of six members (of whom two shall be fr...
(3)(Repealed).
(4)Such member of a branch of the Public Services Commission established under Clause (1) as may be designated by the Chairman of the Commissi...
(5)The number of members of the Public Services Commission required by Clause (4) of Article 139 shall be the number of the members of the mai...
(6)Where a post in a federal department in the State of Sabah or Sarawak entails duties in or in respect of the other of those States, the bra...
(7)Notwithstanding Clause (2) of Article 134, so long as there is for the State of Sabah or Sarawak a branch of the Public Services Commission...
(8)This Article shall have effect until the end of August, 1968, and thereafter it shall continue to have effect in relation to the State of S...
Article 1Art. 146c
(2)In Article 142, paragraph (b) of Clause (4) and, in Article 143, Clause (2) shall have effect in relation to members of a branch of the Jud...
(3)Clause (8) of Article 144 shall apply to a branch of the Judicial and Legal Service Commission or Public Services Commission established un...
Article cThe words “the State of Sabah or Sarawak” substituted for the words “a Borneo State” by
Article dThe words “the States of Sabah and Sarawak” substituted for the words “the Borneo
Article 2This Article was repealed by Act A514, section 13, in force from 15-05-1981. Art. 146d This Article was added by Act 26/1963, section 57, i...
(a)the Chairman of a State Public Service Commission in the State; and
(b)the legal adviser of the State; and
(c)the senior officer of police in the State; and
(d)a representative of the officer of police in general command of the police force; then Clause (1) shall apply as if it made no exception fo...
(3)So much of Clause (2) of Article 139 as provides for extending the jurisdiction of the Public Services Commission in certain circumstances...
(2)(Repealed).
(3)(Repealed).
(1)The law applicable to any pension, gratuity or other like allowance (in this Article referred to as an “award”) granted to a member of any...
(2)For the purposes of this Article the relevant day is—
(a)in relation to an award made before Merdeka Day, the date on which the award was made;
(b)in relation to an award made after Merdeka Day to or in respect of any person who was a member of any of the public services before Merdeka...
(c)in relation to an award made to or in respect of any person who first became a member of any of the public services on or after Merdeka Day...
(3)For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for...
(1)References in this Constitution to a Commission to which this Part applies are, unless the context otherwise requires, references to any of...
Article cThe word “141a” substituted for the word “141” by Act A354, section 39, in force from 27-08-1976. Federal Constitution
(2)In this Part “ex officio member” includes a Minister and a judge of the Federal Court, of the Court of Appeal or of a High Court and “State...
Part XI
TextSPECIAL POWERS AGAINST SUBVERSION,
Article cAct 59/1966, section 2, in force from 19-09-1966, corrected an error in the 1964 Reprint by substituting for the word “and” the words “or o...
Article dSubsequently subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to the Federal Court shall now be construed...
Article 1Art. 149
Article 2See Internal Security Act 1960 [Act 82].
Article 3The words “, action prejudicial to public order, etc.” were inserted after the words
Article 4Paragraph (f) was added by Act A442, paragraph 5(c), in force from 31-12-1978. Federal Constitution Article 79 shall not apply to a Bill fo...
Article cThe words “Prime Minister” substituted for the words “Yang di-Pertuan Agong” and the words “shall advise the Yang di-Pertuan Agong accordin...
Article cThe words “of the Yang di-Pertuan Agong” were deleted by Act A566, paragraph 20(j), in force from 16-12-1983. Clause (8)(a) The words “Prim...
Part IIPart II, and Article 79 shall not apply to any Bill for such a law or any amendment to such a Bill.”.
TextFederal Constitution
Article cThe words “the State of Sabah or Sarawak” substituted for the words “a Borneo State”
(7)At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinan...
(8)Notwithstanding anything in this Constitution—
(9)For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively as...
Part XII
TextGENERAL AND MISCELLANEOUS
Article cThe present paragraph as it now appears, was substituted by Act A354, section 40, in force from 27-08-1976. Clause (2) a. The words “and wh...
Article cThis Clause was substituted by Act A767, section 5, in force from 11-05-1990 and read as follows: “(2) An advisory board constituted for th...
Article dThe words “Federal Court, the Court of Appeal” substituted for the words “Supreme
Article 1Art. 152
Article 2See National Language Acts 1963/1967 [Act 32]. Clauses (2) & (3): See Art. 161(1). Clause (4) a. The words “Federal Court or a High Court”...
Article 3Art. 152—(cont.)
Article 4The words “Federal Court, the Court of Appeal” substituted for the words “Supreme Court” by Act A885, section 37, in force from 24-06-1994....
Article 1Art. 158
Article 2This Article was deleted by Act A704, section 11, in force from 10-06-1988 and read as follows: “158. (1) Nothing in this Constitution shal...
Article cSee Art. 161e(1). Clause (4)(c) The words “incidental to or consequential on the repeal of a law made under Clause (2) or” were deleted aft...
Article 1Art. 159a
Article 2The words “Articles 159 and 161e” substituted for the words “Articles 159, 161e and 161h” by Act 59/1966, section 2, in force from 19-09-19...
Article cDefinition of “borrow”: The words “or by entering into any arrangement requiring the payment before the due date of any taxes, rates, royal...
Article dDefinition of “casual vacancy”: The words “arising in the Senate otherwise than by the expiry of the term of office of a member, or a vacan...
Article iThe present definition was inserted by Act 26/1963, section 5, in force from 16-09-1963.
Article iiIt was amended by Act 59/1966, section 2, in force from 09-08-1965, by the deletion of the words “(and in particular “Chief Minister” inclu...
Article iDefinition of “federal law”: See Art. 162(2). j. Definition of “federal purposes”:
Article iThis definition was inserted by Act 25/1963, subsections 5(1) and (3), in force from 31-08-1957, and replaced the original definition which...
Article iiThe words “of the Constitution” were deleted after the words “Article 76” by
Article iInserted by Act 26/1963, section 5, in force from 16-09-1963.
Article iiAct 59/1966, section 2, in force from 09-08-1965, deleted the words “and the
Article iiiDeleted by Act A354, section 41, in force from 27-08-1976. The earlier definition read as follows: ‘ “Governor” means the Head of State, by...
Article iThe words “or in Singapore” which appear after the word “Federation” (in three places) in paragraph (a) were inserted by Act 26/1963, secti...
Article iiThe words “religion of Islam” substituted for the words “Muslim religion” by
Article iInserted by Act 26/1963, section 5, in force from 16-09-1963.
Article iiAmended by Act 19/1964, subsection 5(2), in force from 16-09-1963, by substituting the words “Assistant Minister, Parliamentary Secretary o...
Article iiiThe words “Deputy Minister” substituted for the words “Assistant Minister” by
Article iThe present definition was inserted by Act 26/1963, section 5, in force from 16-09-1963. The earlier definition, as it stood at the date of...
Article iiSubsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to the Federal Court shall now be construed as a referenc...
Article iiiThe words “Federal Court, of the Court of Appeal” substituted for the words
Article iThe words “Federal Court and High Courts” substituted for the words “Supreme
Article iiThe words “Yang di-Pertua Negeri” substituted for the word “Governor” by
Article iiiSubsequently subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to the Federal Court shall be construed as a...
Article 1At the moment, the Federal Constitution is reprinted from time to time under the authority of the Commissioner of Law Revision pursuant to...
Article 2Any copy of a reprint of the Federal Constitution under the Revision of Laws Act 1968, which is deemed to be the authentic text of the Fede...
Article 1Part XIIa
Article 2The words “States of Sabah and Sarawak” substituted for the words “Borneo States” by
Article 1Art. 161
Article 2The original Article was repealed by Act 25/1963, section 8, in force from 29-08-1963
Article 3In the shoulder note, the words “States of Sabah and Sarawak” substituted for the words
Article 1Art. 161a
Article 2See Art. 89(7). Clauses (1), (2) & (3) These Clauses were repealed by Act A30, paragraph 8(a), in force from 10-03-1971 and read as follows...
Article 3In the shoulder note, the words “States of Sabah and Sarawak” substituted for the words
Article 1Art. 161b
Article 2In the shoulder note, the words “States of Sabah and Sarawak” substituted for the words
Article cSubsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to the Federal Court shall now be construed as a referenc...
Article dThe words “Federal Court or the Court of Appeal” and “Sabah and Sarawak” substituted respectively for the words “Supreme Court” and “Borneo...
Article 1Added by Act 26/1963, section 64, in force from 16-09-1963.
Article 2This Article was repealed by Act A354, section 46, in force from 27-08-1976 and read as follows: “161c. (1) No Act of Parliament which prov...
Article 1Art. 161d
Article 2This Article was repealed by Act A354, section 46, in force from 27-08-1976 and read as follows: “161d. Notwithstanding Clause (4) of Artic...
Article 1Art. 161e
Article 2See Art. 159(1), (4)(bb) & 159a.
Article 3In the shoulder note and Clause (1), the words “States of Sabah and Sarawak” substituted for the words “Borneo States” and the words “the S...
Part XIII
TextTEMPORARY AND TRANSITIONAL PROVISIONS
Article 161gNothing in Clause (2) of Article 8 or Clause (1) of Article 12 shall prohibit or invalidate any provision of State law in Singapore for the...
Article 161h(1) No amendment shall be made to the Constitution without the concurrence of the Governor if the amendment is such as to affect the operat...
Article 1Art. 163, 164 & 165
Article 164(1) The Legislative Council established under the Federation of Malaya Agreement 1948, shall remain in being on and after Merdeka Day and s...
Article 165(1) Subject to Clause (4), Part VII shall not come into operation until the first day of January nineteen hundred and fifty-nine, or such e...
Article 2There is a reference to repealed Art. 163 in Art. 162(1), hence reference to Article 163 is retained in the Federal Constitution. Art. 166...
Article 1Art. 169(c)
Article 2The words “and to Singapore” which appeared after the words “Borneo States” were deleted by Act 59/1966, section 2, in force from 09-08-196...
Article 3The words “the States of Sabah and Sarawak” substituted for the words “the Borneo States” by Act A354, section 43, in force from 27-08-1976...
Article 1Art. 171
Article 24…
Article 2See Eighth Schedule, subsection 21(1). Art. 172 This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963, the repeal t...
Part XIV
TextSAVING FOR RULERS’ SOVEREIGNTY, ETC.
Part XV
TextPROCEEDINGS AGAINST THE YANG DI-PERTUAN AGONG
Article cThe words “except in the Special Court established under Part XV” were inserted after the word “capacity” by Act A848, section 7, in force...
Part XVPart XV, Art. 182 & 183
TextInserted by Act A848, section 7a, in force from 30-03-1993.
Article 1BEFORE MALAYSIA DAY
Article ithe words “[Articles 18(1), 18(1a), 19(9) and section 3 of Part II of the Second
Article 1Added by Act 26/1963, subsection 24(1), in force from 16-09-1963.
Article 2Heading amended by Act 59/1966, section 2, in force from 09-08-1965, by the deletion of the words “, OTHER THAN SINGAPORE CITIZENS” which a...
Article 2Subject to the provisions of Part III of this Constitution, a person ordinarily resident in the State of Sabah or Sarawak or in Brunei on M...
Article 1OR AFTER MALAYSIA DAY
Article 2(1) A person is not a citizen by virtue of paragraph (a), (d) or (e) of section 1 if, at the time of his birth, his father, not being a cit...
Article 3See Part III, sections 19a-19c.
Article 1Added by Act 26/1963, subsection 24(1), in force from 16-09-1963.
Article 2Act 59/1966, section 2, in force from 09-08-1965, deleted the following references to
Article 3See Part III, section 19a-19c. Section 1 a. Paragraphs (a) & (d): See subsection 2(1). b. Paragraph (b): See subsection 2(2).
Article cParagraph (c): See subsection 2(3).
Article dParagraph (e): See subsections 2(1) & (3).
Article 4This Part was amended by Act A1752, paragraph 11(a), not yet in force, as follows: Section 1 a. in paragraph (a), the words “a citizen” sub...
Article cin paragraph (c)—
Article dparagraph (d) was repealed. Federal Constitution Second Schedule—(cont.) Section 2 a. in subsection (1)—
Article 1The Minister
Article 2A decision of the Federal Government under Part III of this Constitution shall not be subject to appeal or review in any court.
Article 3(Repealed).
Article 4(1) The Minister may delegate to any officer of the Federal Government or, with the consent of the Ruler or Yang di-Pertua Negeri of any St...
Article 5(Repealed).
Article 6Functions of Minister
Article 1Numbered as such by Act 26/1963, paragraph 24(1)(a), in force from 16-09-1963, which also inserted the words “of this Constitution” after t...
Article 2See Art. 159(4)(a). Section 2: See notes on previous page. The heading “The registration authority” which appeared above section 3 was dele...
Article 1The present section was substituted by Act 10/1960, paragraph 33(c), in force from 01-12-1960. It has been amended as follows:
Article 2The original section 4 read as follows: “4. The registration authority may delegate to any officers, or, with the consent of the Yang di-Pe...
Article 3The following delegations have been made:
Article 3The words “and registration authority” which appeared in the heading above section 6
Article 7Any power of the Federal Government to extend, for purposes of Part III of this Constitution, the period for registering a birth occurring...
Article 8(Repealed). *9. Any notice to be given by the Minister to any person under Article 27 may be sent to that person at his last known address,...
Article 10
Article 11If the Minister has reason to believe that an error appears in any register compiled under section 10, he shall, after giving notice to the...
Article 12Subject to section 11, the said register shall be conclusive evidence of the matters therein contained. 13-15. (Repealed). Offences 16.
Article 1The present section was inserted by Act 10/1960, paragraph 33(f), in force from 01-12-1960.
Article 2Act 26/1963, subsection 33(3), in force from 16-09-1963, deleted the words “and this Schedule” which appeared at the end. The original sect...
Article 3See paragraph 16(1)(c).
Article 4See Citizenship Rules 1964, in L.N. 82/1964 as amended by L.N. 346/1964, 44/1965,
Article ithe words “eighteen years” substituted for the words “twenty-one years”. Section 10
Article 1The present section was substituted by Act 10/1960, paragraph 33(h), in force from 01-12-1960. It has been amended as follows:
Article 2See section 11. Subsections (1)(e) & (2): See notes on previous page. Section 11
Article 1The word “Minister” substituted for the words “registration authority” and “authority”, and the word “he” which appears after the words “se...
Article 2See section 12. Sections 13, 14 & 15 These sections were deleted by Act 10/1960, paragraph 33(i), in force from 01-12-1960 and read as foll...
Article 14Without prejudice to section 13, where any person states that he has attained a specified age, that statement shall, unless the registratio...
Article 19aFor the purposes of Part I or II of this Schedule a person born on board a registered ship or aircraft shall be deemed to have been born in...
Article 1The present subsection (2) was substituted by Act 26/1963, subsection 33(3), in force from 16-09-1963. The earlier subsection (2) read as f...
Article 2The words “or under the Constitution of the State of Singapore or any previous law relating to citizenship of Singapore” which appeared aft...
Article 1The last sentence was added by Act 26/1963, subsection 33(3), in force from 16-09-1963.
Article 2See section 17.
Article 3This section was amended by Act A1752, subparagraph 11(b)(ii), not yet in force, as follows:
Article ithe words “the mother or father” substituted for the words “the father” wherever appearing;
Article iithe words “his mother or father” substituted for the words “his father”;
Article iiithe words “the death of his mother or father” substituted for the words
Article 20
Article 1Added by Act 26/1963, subsection 24(2), in force from 16-09-1963.
Article 2This section was amended by Act A1752, subparagraph 11(b)(iii), not yet in force, as follows:
Article ithe words “a mother who is a citizen” substituted for the words “a mother permanently resident there”. Section 20
Article 1The present section was substituted by Act 14/1962, subsection 27(2), in force from 01-10-1962. The original section read as follows: “20....
Article 2Subsections (1)(d) & (3): See subsection 20(4).
Article 3Subsection 20(4)
Article 21For the purposes of Part III of this Constitution “consulate of the Federation”
Article 22Except in so far as the context otherwise requires, references in this
Article 1ELECTION OF YANG DI-PERTUAN AGONG
Article 2The Conference of Rulers shall offer the office of Yang di-Pertuan Agong to the Ruler qualified for election whose State is first on the el...
Article 3When a Ruler to whom the office of Yang di-Pertuan Agong has been offered in accordance with section 2 has accepted the office, the Confere...
Article 4Federal Constitution
Article 5ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG
Article 6The Conference of Rulers shall not elect a Timbalan Yang di-Pertuan Agong while the office of Yang di-Pertuan Agong is vacant. [Third Sched...
Article 7Federal Constitution
Article 8REMOVAL OF YANG DI-PERTUAN AGONG
Article 9GENERAL
Article 10In subsection 4(3) the expression “Ruler” includes a past Ruler. Fourth Schedule [Article 37] Oaths of Office of Yang di-Pertuan Agong and...
Article 1The Conference of Rulers
Article 2The place of His Royal Highness the Ruler of any State or the
Article 3The Conference of Rulers shall have a Rulers’ Seal, which shall be kept in the custody of a person appointed by the Conference.
Article 4The person appointed under section 3 shall be known as the Penyimpan Mohor Besar Raja-Raja (Keeper of the Rulers’ Seal), shall act as secre...
Article 5A majority of the members of the Conference of Rulers shall form a quorum and, subject to the provisions of this Constitution, the Conferen...
Article 6The Keeper of the Rulers’ Seal shall convene the Conference of Rulers whenever required to do so by the Yang di-Pertuan Agong or by not les...
Article 7The Yang di-Pertua-Yang di-Pertua Negeri of States not having a Ruler shall not be members of the Conference of Rulers for the purposes of...
Article 8In any case where the Conference of Rulers is not unanimous it shall take its decision by a majority of the members voting, subject however...
Article 9Any consent, appointment or advice of the Conference of Rulers required under this Constitution shall be signified under the Rulers’ Seal;...
Article 1The words “Timbalan Yang di-Pertuan Agong” substituted for the words “Deputy
Article 2The words “Yang di-Pertua-Yang di-Pertua Negeri” substituted for the word “Governors” by
Article 3The words “Their Royal Highnesses” substituted for the words “Their Highnesses” by
Article 1Forms of Oaths and Affirmations
Article 2Oath as Member of Parliament and of Allegiance
Article 3Oath of Secrecy
Article 1Election of Senators
Article 1Sixth Schedule
Article 2See Art. 159(4)(a) & 160(4).
Article 3In the note to paragraph 1, the words “Federal Court, other than the Chief Justice, a judge of the Court of Appeal or of a High Court, or a...
Article 1See section 5.
Article 2The words “Yang di-Pertua Negeri” substituted for the word “Governor” by
Article 2(1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member s...
Article 3Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meetin...
Article 4The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accor...
Article 5If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decisio...
Article 1Ruler to act on advice
Article 7Of the persons first appointed to be Senators eight shall be appointed for a term of three years.”.
Article 2The headings “Election and Retirement of Senators” and “PART I” were deleted by Act A1130, paragraph 13(a), in force from 28-09-2001.
Article 3The heading of “Election of Senators” substituted for the heading “ELECTION
Article 4Part II was deleted by Act A1130, paragraph 13(c), in force from 28-09-2001. Eighth Schedule See Art. 160(2) definitions of “Enactment” and...
Article 2The Executive Council
Article 3Legislature of the State
Article 4Composition of Legislative Assembly
Article 1The words “and, until other provision is so made, the number of members shall be the number specified in Article 171 of the Federal Constit...
Article 2See Art. 71(5), Eighth Schedule sections 19(5) & 21. Subsection 4(2) This subsection was added by Act 14/1962, paragraph 28(a), in force fr...
Article 5Qualifications of members
Article 6Disqualification for membership of Legislative Assembly
Article 7Provision against double membership
Article 8Decision as to disqualification
Article 9Summoning, prorogation and dissolution of Legislative Assembly
Article 1The words “in the States of Malaya and ninety days in the Borneo States” were inserted by Act 59/1966, section 2, in force from 19-09-1966....
Article 2The words “the States of Sabah and Sarawak” substituted for the words “the
Article 3The words “in the States of Malaya and ninety days in the States of Sabah and Sarawak” were deleted by Act A585, paragraph 27(a), in force...
Article 1The words “or in the case of the Legislative Assembly of each of the Borneo
Article 2The words “is established that there is a vacancy” substituted for the word “occurs” by Act 26/1963, subsection 11(2), in force from 16-09-...
Article 3The words “the States of Sabah and Sarawak” substituted for the words “the
Article 4The proviso was inserted by Act A1, section 3, in force from 18-11-1968.
Article 5The words “or in the case of each of the Legislative Assembly of each of the
Article 6The words “by the Election Commission” were inserted after the words “it is established” by Act A585, paragraph 27(c), in force from 14-04-...
Article 7The proviso was substituted by Act A857, section 4, in force from 20-08-1993. The previous proviso read as follows: “Provided that if a cas...
Article 1Inserted by Act 19/1964, section 8, in force from 30-07-1964.
Article 2The words “federal or” inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965, L.N. 289/1965 and 307/1965 corrected a printing...
Article 3The words “Islamic religious revenue” substituted for the words “Muslim revenue” by Act A354, section 45, in force from 27-08-1976. Federal...
Article 1Sections 19a, 19b, 19c & 19d
Article 2In subsection 19d(1), the word “Judge” substituted for the word “Justice” by Act A885, paragraph 44(c), in force from 24-06-1994. Federal C...
Article 20The Executive Council (alternative to section 2)
Article 21Composition of Legislative Assembly (alternative to section 4)
Article 22MALACCA AND PENANG
Article 1See paragraph 19(5)(a).
Article 2Art. 171 which is referred to in subsection (1) has been repealed.
Article 1The words “and Chief Minister” which appeared after the word “Governor”, the word “respectively” which appeared after the words “shall be s...
Article 2The words “Yang di-Pertua Negeri” substituted for the word “Governor” by Act A354, section 42, in force from 27-08-1976.
Article 3The words “section 1a” were inserted after the words “section 1(2),” by Act A849, section 3, in force from 16-07-1993. Section 23 Added by...
Article 1The word “and” substituted for the comma following the word “Sabah” and the words “and Singapore” were deleted by Act 59/1966, section 2, i...
Article 2The words “except for the modifications of section 10 stated in subsection (2) of this section” were deleted by Act A919, subparagraph 2(c)...
Article 3Subsection 23(1) renumbered as section 23 by Act A919, subparagraph 2(c)(ii), in force from 21-07-1995. Subsection 23(2) Deleted by Act A91...
Article 1List I—Federal List
Article 2Defence of the Federation or any part thereof, including—
Article 3Internal security, including—
Article 4and criminal law and procedure and the administration of justice, including—
Article 5Federal citizenship and naturalization; aliens.
Article 6The machinery of government, subject to the State List, but including—
Article 1The word “legitimacy” was inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965.
Article 2The word “Islamic” substituted for the word “Muslim” by Act A354, section 44, in force from 27-08-1976. Item 4(h) & (i) The words “or dealt...
Article 1The words “and other personal laws” were inserted by Act 26/1963, section 70, in force from 16-09-1963.
Article 2The words “Islamic law” substituted for the words “Muslim law” by Act A354, section 45, in force from 27-08-1976. Federal Constitution
Article 7Finance, including—
Article 8Trade, commerce and industry, including—
Article 1The original paragraph read as follows: “(e) Local Government and town planning in, and water supply to the federal capital;”.
Article 2Act A206, section 11, in force from 01-02-1974 substituted the original paragraph for the following: “(e) Government and administration of...
Article 3Subsequently this paragraph was substituted by Act A585, section 20, in force from 16-04-1984.
Article 4This paragraph was again amended by Act A1095, subparagraph 20(a)(i), in force from 01-02-2001 by substituting the words “Kuala Lumpur, Lab...
Article 9Shipping, navigation and fisheries, including—
Article 10Communications and transport, including—
Article 11Federal works and power, including—
Article 12Surveys, inquiries and research, including—
Article 13Education, including—
Article 14Medicine and health including sanitation in the federal capital, and including—
Article 15Labour and social security, including—
Article 16Welfare of the aborigines.
Article 17Professional occupations other than those specifically enumerated.
Article 18Holidays other than State holidays; standard of time. [Ninth Schedule] 198 Federal Constitution Ninth Schedule—(cont.) Item 12 The words “I...
Article 20Control of agricultural pests; protection against such pests; prevention of plant diseases.
Article 21Newspapers; publications; publishers; printing and printing presses.
Article 22Censorship.
Article 23Subject to item 5(f) of the State List: theatres; cinemas; cinematograph films; places of public amusement.
Article 24(Repealed).
Article 25Co-operative societies.
Article 27All matters relating to the Federal Territories, including the matters enumerated in items 2, 3, 4 and 5 of the State List and in the case...
Article 1List II—State List
Article 2Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, land including—
Article 1Inserted by Act A354, paragraph 48(1)(a), in force from 01-01-1976.
Article 2The word “Subject” substituted for the words “Except with respect to Sabah and
Article 1Inserted by Act A566, section 22, in force from 01-02-1974.
Article 2The words “and in the case of the Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to State Lis...
Article 3Subsequently the words “to the Federal Territories” substituted for the words “to the
Article 1The words “adoption,” in line four was inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965.
Article 2The words “Except with respect to the Federal Territory,” were inserted at the beginning by Act A206, section 11, in force from 01-02-1974.
Article 3The word “Islamic” substituted for the word “Muslim”, the words “Islamic law”
Article 3Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, agriculture and forestry, including—
Article 4Local government outside the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, including—
Article 5Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, other services of a local character, that is to say:
Article 6State works and water, that is to say:
Article 7Machinery of the State Government, subject to the Federal List, but including—
Article 1The words “or, in the Borneo States, native reservations” were added by Act 26/1963, section 70, in force from 16-09-1963.
Article 2The words “the States of Sabah and Sarawak” substituted for the words “the Borneo
Article 1The words “Territories of Kuala Lumpur and Labuan” substituted for the word
Article 2Subsequently, the words “Kuala Lumpur, Labuan and Putrajaya” substituted for the words “Kuala Lumpur and Labuan” by Act A1095, paragraph 20...
Article 1This Item which read as follows was deleted by Act A354, paragraph 48(1)(b), in force from 01-01-1976: “(a) Fire brigades, except in the fe...
Article 2This paragraph was amended by deleting “, except in the federal capital” by
Article 1The words “Subject to the Federal List, water (including water supplies, rivers and canals)” at the commencement substituted for the words...
Article 2This item was substituted by Act A1239, paragraph 4(a), in force from 21-03-2005. The earlier item read as follows: “(c) Subject to the Fed...
Article 8State holidays.
Article 9Creation of offences in respect of any of the matters included in the
Article 10Inquiries for State purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in...
Article 11Indemnity in respect of any of the matters in the State List or dealt with by State law.
Article 12Turtles and riverine fishing.
Article 13[Article 95b(1)(a)]
Article 14Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and winding up of...
Article 15Ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours o...
Article 16Cadastral land surveys.
Article 17(Repealed). [Ninth Schedule] 201 Federal Constitution Ninth Schedule—(cont.) Item 7(f) The words “or dealt with by State law” were inserted...
Article 20Subject to the Federal List, water supplies and services. List IIb—(Repealed)
Article 1List III—Concurrent List
Article 2Scholarships.
Article 3Protection of wild animals and wild birds; National Parks.
Article 4Animal husbandry; prevention of cruelty to animals; veterinary services; animal quarantine.
Article 5Town and country planning, except in the federal capital.
Article 6Vagrancy and itinerant hawkers.
Article 7Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.
Article 8Drainage and irrigation.
Article 9Rehabilitation of mining land and land which has suffered soil erosion.
Article 10[Article 95b(1)(b)]
Article 11Adulteration of foodstuffs and other goods.
Article 12Shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping; maritime and estuarine fishing and...
Article 13The production, distribution and supply of water power and of electricity generated by water power. [Ninth Schedule] 202 Federal Constituti...
Article 13“List IIb—Supplement to State List for Singapore
Article 14Medicine and health, including the matters specified in items 14(a) to (d) of the
Article 15Labour and social security, including the matters specified in items 15(a) and (b), but not those specified in item 15(c) of the Federal Li...
Article 16Pensions, gratuities and other like allowances, and compensation for loss of office, in respect of service under the State (including any g...
Article 17Factories; boilers and machinery; dangerous trades; dangerous and inflammable substances.
Article 18Electricity; gas and gas works.
Article 19Itinerant hawkers.”. List III See Art. 74(1), 74(2), 76a(3), 79(1), 80(2), 82, 95b(1) & 95b(2). Item 9a
Article 1Inserted by Act A354, paragraph 48(1)(d), in force from 01-01-1976.
Article 2The word “Fire” substituted for “Except with respect to Sabah and Sarawak, fire”
Article 15Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the St...
Article 16Theatres; cinemas; cinematograph films; places of public amusement.
Article 17Elections to the State Assembly held during the period of indirect elections.
Article 18In Sabah until the end of the year 1970 (but not in Sarawak), medicine and health, including the matters specified in items 14(a) to (d) of...
Article 1CAPITATION GRANT
Article 10“List IIIb—Supplement to Concurrent List for Singapore
Article 11Loans to, or borrowing by, the State or statutory authorities exercising powers vested in them by the State law in Singapore.
Article 12(a) Production, supply and distribution of goods, but not bounties on production; price control and food control; adulteration of foodstuff...
Article 13Shipping and navigation, including the matters specified in items 9(a), (b), (c),
Article 14Professional occupations other than those specifically enumerated in the
Article 15Unincorporated societies.
Article 16Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the St...
Article 17Newspapers; publications; publishers; printing and printing presses.
Article 18Censorship.
Article 19Theatres; cinemas; cinematograph films; places of public amusement.
Article 20Until the end of August 1968, and thereafter until Parliament with the concurrence of the State government otherwise provides, elections to...
Article 2STATE ROAD GRANT
Article 3For the purpose of section 2—
Article 4A length of State road if it is actually maintained by the Public Works Department of the State at or above the minimum standard mentioned...
Article 5In this Part of this Schedule, “State road” means any public road other than a federal road, and any other road other than a federal road t...
Article 6(1) The State road grant payable to Sabah or Sarawak shall, in each of the years 1964 and 1965, be payable at the rate of RM4,500 a mile in...
Article 1The words “each of the States of Malaya” substituted for the words “each State” by
Article 2See sections 3, 4 & subsection 6(2). Paragraph (2)(a)
Article 1The words “to a State” which appear after the words “average cost” were inserted by Act 25/1963, subsection 7(1), in force from 01-01-1958.
Article 2The words “State roads in those States” substituted for the words “such roads” by
Article 3The words “including the cost of repairing and maintaining any bridges, viaducts or culverts forming part thereof or connected therewith,”...
Article 4The words “, including the cost of repairing and maintaining any bridges, viaducts or culverts forming part thereof or connected therewith,...
Article 1The words “throughout the States of Malaya” substituted for the words “throughout the Federation” by Act 26/1963, paragraph 51(b), in force...
Article 2See subsection 6(2).
Article 3This section was substituted by Act A514, paragraph 18(c), in force from 15-05-1981. The earlier section read as follows: “3. For the purpo...
Article 1The present section was substituted by Act 59/1966, section 2, in force from 01-01-1963, and replaced the original section which read as fo...
Article 2See subsection 6(2).
Article 3The words “except that any length not qualifying for grant in the preceding financial year qualifies for grant only if the Federal Governme...
Article 1SOURCES OF REVENUE ASSIGNED TO STATES
Article 2Revenue from lands, mines and forests.
Article 3Revenue from licences other than those connected with water supplies and services, mechanically propelled vehicles, electrical installation...
Article 4Entertainments duty.
Article 5Fees in courts other than federal courts.
Article 6Fees and receipts in respect of specific services rendered by departments of State Governments.
Article 7Revenue of town boards, town councils, rural boards, local councils and similar local authorities other than—
Article 8Receipts in respect of raw water.
Article 9Rents on State property.
Article 10Interest on State balances.
Article 11Receipts from land sales and sales of State property.
Article 12Fines and forfeitures in courts other than federal courts.
Article 13Zakat, Fitrah and Baitulmal and similar Islamic religious revenue.
Article 14Treasure trove.
Article 1SPECIAL GRANTS TO STATES OF SABAH AND SARAWAK
Article 1The words “public road other than a federal road, and any other road other than a federal road to which the public has access” substituted...
Article 2See subsection 6(2).
Article 3This section was substituted by Act A514, paragraph 18(e), in force from 15-05-1981. The earlier section read as follows: “5. In this Part...
Article 1Added by Act 26/1963, subsection 45(1), in force from 16-09-1963.
Article 2See Art. 112c(1)(a), (2) & 112d(1). Sections 1 & 2: See Art. 112d(1). Federal Constitution
Article 2(1) In the case of Sabah, a grant of amount equal in each year to two-fifths of the amount by which the net revenue derived by the Federati...
Article 3In either case, for any year before 1974 and, if at the beginning of 1974
Article 1SABAH AND SARAWAK
Article 2Export duty on timber and other forest produce.
Article 3So long as the royalty levied by the State on any mineral chargeable with export duty other than tin (but including mineral oils) does not...
Article 4In the case of Sabah, so long as medicine and health remains an item in the Concurrent List and expenses in respect of that item are borne...
Article 5For any year before 1974 and, if at the beginning of 1974 the
Article 6For any year before 1974, and if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the registrat...
Article 1Added by Act 26/1963, subsection 45(1), in force from 16-09-1963.
Article 2See Art. 112c(1)(b), (2) & 112d(5). Sections 1 & 2: See section 4. Section 3: See Art. 112c(2), section 4. Section 4: See Art. 112c(2) & 11...
Article 7State sales taxes.
Article 8Fees and dues from ports and harbours other than federal ports and harbours.
Article 9Receipts in respect of water supplies and services, including water rates.
Article 10Revenue from licences connected with water supplies and services. Eleventh Schedule [Article 160(1)] Provisions of the Interpretation and G...
Article 21Enactment—
Article 35“Time of commencement—
Article 1THE DELIMITATION OF CONSTITUENCIES
Article 2The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the...
Article 46“English text to prevail—
Article 1Thirteenth Schedule
Article 1The words “throughout the unit of review” were inserted after the words “approximately equal” by Act 26/1963, section 70, in force from 16-...
Article 2The words “the number of electors within each constituency in a State ought to be approximately equal” substituted for the words “the numbe...
Article 3All the words immediately following the words “a measure of weightage for area ought to be given to such constituencies” is deleted by Act...
Article 3For the purposes of this Part, the number of electors shall be taken to be as shown on the current electoral rolls.
Article 4PROCEDURE FOR DELIMITATION OF CONSTITUENCIES
Article 5Where, on the publication of the notice under section 4 of a proposed recommendation of the Election Commission for the alteration of any c...
Article 6In relation to any enquiry held under section 5 the Election Commission shall have all the powers conferred on Commissioners by the Commiss...
Article 1This section was inserted by Act A206, subsection 15(2), in force from 23-08-1973.
Article 2The words “the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan, as the case may be, shall each be regarded as a State....
Article 3The words “, the Federal Territory of Labuan and the Federal Territory of Putrajaya”
Article 7Where the Election Commission revise any proposed recommendations after publishing a notice thereof under section 4, the Commission shall c...
Article 8The Election Commission shall, having completed the procedure prescribed by this Part, submit to the Prime Minister a report on constituenc...
Article 9As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report...
Article 10If any draft Order referred to in section 9 is approved by the House of Representatives by resolution supported by the votes of not less th...
Article 11If a motion for the approval of any draft Order referred to in section 9
Article 12Where the draft of an Order is submitted to the Yang di-Pertuan Agong under this Part, the Yang di-Pertuan Agong shall make an Order in the...
Article 1Section 12
Article 2See section 9. Federal Constitution Federal Constitution LIST OF ARTICLES AMENDED Federal Constitution Federal Constitution Amending law Sh...
(3)The Special Court shall have exclusive jurisdiction to try all offences committed in the Federation by the Yang di-Pertuan Agong or the Rul...
(4)The Special Court shall have the same jurisdiction and powers as are vested in the inferior courts, the High Court and the Federal Court by...
(5)Until Parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in...
(6)The proceedings in the Special Court shall be decided in accordance with the opinion of the majority of the members and its decision shall...
(7)The Yang di-Pertuan Agong may, on the advice of the Chief Justice, make such rules as he may deem necessary or expedient to provide for the...
Part IIIPart III: 14-04-1984
Texte x c e p t s . 2 4 :
Part IIPart II: 16-04-1984
TextAct A631