MALAYSIAN CONSTITUTION Background: Upon dissolution of Malayan Union, a new constitution was drafted and came into effect :- 1st February 1948Federation of Malaya Constitution.
Download ReportTranscript MALAYSIAN CONSTITUTION Background: Upon dissolution of Malayan Union, a new constitution was drafted and came into effect :- 1st February 1948Federation of Malaya Constitution.
MALAYSIAN CONSTITUTION Background: Upon dissolution of Malayan Union, a new constitution was drafted and came into effect :- 1st February 1948Federation of Malaya Constitution with a British High Commissioner placed as highest administrator -Include the preparation of self-rule -The first election held in 1955 and Tungku become the first PM • A meeting held in London attended by Tungku Abdul Rahman decided to from the Reid Commission headed by Lord Reid to draw a new constitution for independent • The commission consist of expert from UK, Australia, India and Pakistan • Draft accepted and declared as Constitution of Federation of Malaya on 31/8/1957 • After 6 years, Singapore, Sabah & Sarawak joined with Malaya to become Malaysia • Cobbold Commission was set up to examine the reaction of people of Sabah Sarawak- after confirmation, drafting started • Wef 16/9/1963 – Constitution of Malaysia • Reasons behind forming of Malaysia was :• The threat of communist • Racial imbalance • Independence of Singapore, Sabah & Sarawak • Economic corporation • In Singapore , Lee Kuan Yew conducted referendum and shows 70% supported • Brunei-large number objected • Brunei back off last minute following an armed revolt staged by Brunei Parti Rakyat and decided not to proceed to avoid reoccurence • In 9/8/1965- Singapore withdrew • Philippines objected and claimed Sabah & Sarawak were part of them • Indonesia protested and launched confrontation but it came to an end when took over by Sukarno 1965 Superiority of the Constitution • It is permanently supreme • Any other law cannot go against the Federal Constitution • Court guard the supremacy of the law • Its alive and functions all the time • Requires 2/3 vote to amend (Article 159 & 161E) • Contains 183 articles and 13 Schedules Content • Language – Article 152- Bahasa Malaysia - cannot be hindered from using other languages - has right to maintain the language of others Religion - Article 3 (1) - Islam as official religion but others can practice their own and Sultan will be the head (5) -YDPA-head of religion It also contains:• Law making power :- Ninth Schedule - Federal List (List I) :- education, finance, defence, internal security (major issues) - State List (List II):- tourism, land matters, drainage, traffic, state holidays,etc - Concurrent List (List III):- tourism and other common issues eg. Culture, social welfare, town and country planning, drainage Fundamental liberties • Article 5 - Individual freedom- no one can be deprived of his life or his freedom except according with the law -Article 6 -Slavery and forced labour prohibited - Article 7 - Protection against retrospective criminal law and repeated trial - Article 8 - Equal protection of the law • Article 9 Prohibition against banishment and freedom of movement. Article 10 - Freedom of speech, assembly and association Article 11 - Freedom of religion Article 12 - Rights in respect of education Article 13 -Rights to property citizenship • Part III Acquisition of citizenship-Article 14 – 22 - Enforcement of law (14) Registration (15-18) Naturalisation(19) Merging of territory (22) Termination Article – 23 to 28 -renunciation -Revocation Special rights of a citizen • • • • • • - vote -fundamental liberties -education -medical - provisions for the poor -govt scolarship Enforcement of law • Born between Malaysia day and Merdeka but with either parent is a citizen or PR of Federation • After Malaysia day can become citizen if:- either parents citizen - either parents PR - at the time of birth not citizen of any other country Registration • • • • Wife and children of citizen Below 21 but father and mother is a citizen Born in Federation before merdeka Born in Sabah and Sarawak before Malaysia day Naturalisation- not born in Malaysia • • • • • 21 years with either parents a citizen Live in Malaysia at least 10 years Have intention to live permenantly Good conduct Sufficient knowledge of BM Merging of territory • Article22 of the Federal Constitutions provides if a new territory is accepted into the Federation, the Govt will determine the citizenship of the people within the territory Revocation • Renunciation – giving it up • Termination :– – – – – – – – – – becomes citizen of another country Enjoy rights and facilities of another country only given to citizen A woman becomes citizen of another country through marriage No longer loyal to Malaysia Has business or ties with a hostile country Within 5 years after becoming citizen was sentence to jail for not less than 12 months and fine not less 5k Gives services to another country without permission Lives continuously in another country for more thn 5 years Citizenship falsely obtained If woman acquired through marriage is divorced Others • • • • • • YDPA- Article 32- 37 Conferences of rulers - A 38 The Executive - A 39- 43C The Legislative – A 44 -65 Legislative procedure – A66-69 The judiciary -A121- 131A Special rights of citizen • • • • • • • • Right to vote Right to take active part in politics Right to fill post for citizens only Free to own landed property Welfare benefits and educations Freedom of movement within Malaysia Right not to be exiled Medical benefits National language • Article 152 – national language Bahasa Malaysia but no one can be restrained from using or teaching or learning other language - used for official purposes - Status of BM cannot be questioned Special rights • Sec 153 – special rights to Bumiputra and malays • -special rights as to public service, scholarship, education • Responsibility of YDPA to preserve the special rights Election • Article 113- 120 Presence only in a democratic country- for the people to give mandate and pick their own govt Types:General election- after dissolution of Parliament and State Legislative Assembly By –election – when seat is vacated by death or resignation or being disqualified or technical problem during election Local Government Election - 1960 General election • Held every 5 years • YDPA must dissolve Parliament first on request of the PM • Election held within 60 days in Sem. Msia and 90 days in Sabah & Sarawak • Everyone have the right to choose candidate Who can vote • Age 21 • Resides in election division @ absentee voter • Name in electoral list • Of sound mind • Not guilty and imposed with death sentence or jail exceeding 12 months in any Commonwealth country Election commission • Draw up electoral constituent • Prepare and check voters list • Manage election process Vote and Balloting - After 3-8 weeks after nomination day - Formula- one vote for one candidate What may disqualify a person as candidate in general election • • • • Unsound mind Bankrupt Hold salaried post Failed to sent statement of expenses within 33 days after result • Found guilty of criminal offence • Obtains foreign citizenship • Guilty of offences related to election