HOW FEDERAL

CONSTITUTION COME
INTO BEING
 HISTORICAL BACKGROUNDS

 The federal constitution embodies British and Indian constitutional

concepts, and traditonal Malay elements.
 It developed from an earlier constitution drafted by a commision of
foreign experts in constitutional law.
 ORIGIN OF CONCEPT OF
FEDERATION

Federation of
FMS Agreement Malaya
FMA 1948
1895 Constitution
1957
 BEFORE FEDERATION OF MALAYA

 Before World War II, peninsular comprised Straits Settlements, FMS &
Unfederated Malay States.
 After Japanese surrender in 1945, British create Malayan Union.
 Malays opposed MU because MacMichael Treaties reduced status of
the Malay states to colony and deprived Malay Rulers of their
sovereignty.
 FEDERATION OF MALAYA

 The British Government and Malay Rulers concluded the FMA 1948,
established the Constitutional of the Persekutuan Tanah Melayu (Federal of
Malaya).
 As a prelude, each of the the Malay Rulers and British Government
concludeed separate agreements, providing for the government of the state
in accordance with written constitution (except Johore and Terengganu) and
the FMA 1984.
 The Federation of Malaya (1 Feb 1948) comprised all the territories of the
former MU except Singapore (Crown colony).
 Federal gov. was set up in KL under British High Commisioner.
 Main organs were an Executive Council and a Legislative Council in which
all races were represented.
 Malay Rulers became members of Majlis Raja-Raja Negeri Melayu
(Conference of Rulers) to approve amendment in the constitution in the
immigration laws and for appointments of senior government officials.
 The Malays were recognized as the indigenous people and their special
position was guaranteed.
 Citizenship to non-malays were given.
 The federation by FMA 1948 was interim arrangement towards self-
government.
 In 1951, ‘member’ or quasi- ministerial’ system were introduced.
 Nine nominated members of the Federal Legislative Council were made
responsible for ministries.
 In 1955, First federal election were held for 52 seats on Federal
Legislative Council.
 Alliance (UMNO, MCA & MIC) won 51 out of 52.
 Tunku Abdul Rahman became Chief Minister.
 6 months later in 1956, Malayan Delegation went to London to
negotiate for independence.
 The conference appointed an independent constitutional commision to
draw a constitution providing for full self-government and independence
for Federation of Malaya by August 1957.
 THE CONSTITUTIONAL
COMMISION

 The Reid Commision.

 Headed by Lord Reid, a Lord of Appeal in Ordinary.
 Comprised a constitutional law expert from UK, Australia, India and
Pakistan.
 Were to examine the existing constitutional arrangements throughout the
federation and to recommend a federal form of constitution for the whole
country, based on parliamentary democracy.
 The proposed constitution was to include provision for
 the establishment of a strong central government
 The safeguarding of the position and prestige of the Malay Rulers as
constitutional rulers of their respectives states
 A constitutional Yang di-Pertuan Besar for federation, to be chosen among the
Malay Rulers.
 A common nationality for the whole of the federation
 The safeguarding of the special position of the Malays and the legitimate
interests of the other communities.
 The Reid Commision collected data and memoranda from June to
October 1956 and held 118 sessions.
 The report were submitted to British Gov. and Malay Rulers on 21 Feb
1957.
 The report were examined by Malay Rulers, Alliance Gov and British
colonial administration.
 A delegation lead by Tunku went to London to settle unresolved issues.
 The draft constitution prepared by Reid Commision were reviewed and
amended.
 The draft was the basis for the constitution of Federal of Malaya, which
proclaimed its independence on 31 August 1957.
 FEDERATION OF MALAYSIA

 It was born of an idea by Tunku in 1961.

 It is for close political and economic association between the Federation
of Malaya, Singapore, North Borneo, Sarawak and Brunei.
 Cobbold Commision were dispatched to Borneo to ascertain views of
the Borneo people about Malaysia from Feb-April 1962.
 It is reported in June and 80% of the people agree on the view of joining
Malaysia.
 Malaysia Agreement were signed in London on 9 July 1963.
 Malayan parliament passed the Malaysia Act 1963 to give effect to that
agreement in the federation.
 Federation of Malaysia had its birth from 31 Aug to mid-Sept 1963.
 7 August 1965, Singapore sign The Separation of Singapore Agreement
to separate from Malaysia.
 The parliament passed the Constitution and Malaysia (Singapore
Amendment) Act 1965 which come into force on 9 August 1965.
 There were no territorial change since Singapore left the federation
except for internal boundary changes.
 Wilayah Persekutuan Kuala Lumpur and Putrajaya were carved out of
Selangor on 1 Feb 1974 and 1 Feb 2001, Labuan out of Sabah on 16 April
1984 to be made Federal Territories.
3. How can Federal
Constitution be
changed or
amended?
 Parliament
- Yang Di-Pertua Agong, Dewan Negara & Dewan
Rakyat

Procedure of Amendment:
1. The Bill law must be present in the Parliament

2. It will be present in few stages. The first stage is First

Reading, followed by Second Reading, Committee and
Third Reading.

3. Based of Article 159 Federal Constitution can be

amend by four ways.
 Two-thirds majority

• The amendment must be supported by two-

third of the total number of members of each
Dewan, which is Dewan Rakyat dan Dewan
Negara on second and third readings.

• Article 159 (3)

 Simple Majority

• Article 159(4)

• The rules concerning the election

• The composition of Dewan Negara & the
retirement of its member
 Two-thirds majority with the
consent of Majlis Raja-Raja

- Article 159 (5)

Concerning sensitive issues:

a. The special position & privileges of the Malays & the
natives of Sabah & Sarawak
b. Citizenship
c. Language
d. The duty & power of Majlis Raja-Raja
e. Religion
 4. Two-thirds majority with the
consent of Yang di-Pertua Negeri
Sabah & Sarawak

• 161E(2)
Issues:
• Citizenship
• Religion
• Language
 Amendments

• Article 8 (2) – The word “gender” has been added

• Article 182 - Immunity of Raja-Raja, Raja should have a

special court