PDF generated: 28 Mar 2017, 17:22 constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org PDF generated: 28 Mar 2017, 17:22 Table of contents PART I: THE STATES, RELIGION AND LAW OF THE FEDERATION. Name, States and territories of the Federation. Admission of new territories into the Federation. Religion of the Federation.
Supreme law of the Federation. 13 PART II: FUNDAMENTAL LIBERTIES. Liberty of the person. Slavery and forced labour prohibited.
Protection against retrospective criminal laws and repeated trials. Prohibition of banishment and freedom of movement. Freedom of speech, assembly and association. Freedom of religion.
Rights in respect of education. Rights to property. 17 PART III: CITIZENSHIP. 17 Chapter 1: Acquisition of Citizenship.
Citizenship by operation of law. Citizenship by registration (wives and children of citizens). Special power to register children. Citizenship by registration (persons born in the Federation before Merdeka Day).
Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day). General provisions as to registration. Citizenship by naturalisation. Citizenship by incorporation of territory.
21 Chapter 2: Termination of Citizenship. Renunciation of citizenship. Deprivation of citizenship on acquisition or exercise of foreign citizenship, etc. Deprivation of citizenship by registration under Article 16A or 17 or by naturalisation.
Other provisions for deprivation of citizenship by registration or naturalisation. Deprivation of citizenship of child of person losing citizenship. General provisions as to loss of citizenship .org PDF generated: 28 Mar 2017, 17:22 27. Procedure for deprivation.
Application of Chapter 2. to certain citizens by operation of law. Deprivation of citizenship of persons becoming citizens on Malaysia Day. Certificates of citizenship.
Application of Second Schedule. 26 PART IV: THE FEDERATION. 26 Chapter 1: The Supreme Head. Supreme Head of the Federation, and his Consort.
Deputy Supreme Head of the Federation. Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence. Disabilities of Yang di-Pertuan Agong, etc. Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong.
Oath of office of Yang di-Pertuan Agong. 28 Chapter 2: The Conference of Rulers. Conference of Rulers. 29 Chapter 3: The Executive.
Executive authority of Federation. Yang di-Pertuan Agong to act on advice. Supreme command of armed forces. Power of pardon, etc.
34 Chapter 4: Federal Legislature. Constitution of Parliament. Composition of Senate. Composition of House of Representatives.
Qualifications for membership of Parliament. Disqualification for membership of Parliament. Provisions against double membership. Effect of disqualification, and prohibition of nomination or appointment without consent .org PDF generated: 28 Mar 2017, 17:22 51.
Resignation of members. Absence of a member. Decisions as to disqualification. Vacancies in Senate and casual vacancies.
Summoning, prorogation and dissolution of Parliament. President and Deputy President of Senate. Speaker and Deputy Speakers of the House of Representatives. Remuneration of President, Deputy President, Speaker and Deputy Speakers.
Oaths by members. Address by the Yang di-Pertuan Agong. Special provisions as to Cabinet and Attorney General. Privileges of Parliament.
Remuneration of members. Clerks of Senate and House of Representatives. 43 Chapter 5: Legislative procedure. Exercise of legislative power.
Restriction on introduction of Bills and moving of amendments involving taxation, expenditure, etc. Assent to Bills passed by House of Representatives only. 45 Chapter 6: Capacity as respects property, contracts and suits. Capacity of Federation as respects property, contracts and suits.
46 PART V: THE STATES. Precedence of Rulers and Yang di-Pertua-Yang di-Pertua Negeri. Federal guarantee of State Constitutions. Privileges of Legislative Assembly.
47 PART VI: RELATIONS BETWEEN THE FEDERATION AND THE STATES. 48 Chapter 1: Distribution of legislative powers. Extent of federal and State laws. Subject matter of federal and State laws.
Inconsistencies between federal and State laws. Power of Parliament to legislate for States in certain cases. Power of Parliament to extend legislative powers of States. Residual power of legislation.
Legislation restricting use of rivers. Exercise of concurrent legislative powers. 50 Chapter 2: Distribution of executive powers. Distribution of executive powers.
Obligations of States towards Federation .org PDF generated: 28 Mar 2017, 17:22 Chapter 3: Distribution of financial burdens. Financing expenditure relating to matters on Concurrent List. Acquisition of land for federal purposes. Grant to Federation of land reserved for federal purposes.
Disposition of land vested in the Federation. Determination of disputes as to land values. Application of Articles 83 to 87 to States not having a Ruler. Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu.
National Land Council. 57 Chapter 5: National development. National development plan. 57 Chapter 6: Federal surveys, advice to States and inspection of State activities.
Inquiries, surveys and statistics. Federal powers in respect of State subjects. Inspection of State activities. 59 Chapter 7: National Council for Local Government.
National Council for Local Government. 59 Chapter 8: Application to States of Sabah and Sarawak. Modifications for States of Sabah and Sarawak of distribution of legislative powers. Power by order to extend legislative or executive powers of States.
Exclusion for States of Sabah and Sarawak of Parliament’s power to pass uniform laws about land or local government. Exclusion of States of Sabah and Sarawak from national plans for land utilisation, local government, development, etc. 61 PART VII: FINANCIAL PROVISIONS. No taxation unless authorised by law.
Expenditure charged on Federal Consolidated Fund. Annual financial statement. Supplementary and excess expenditure. Power to authorise expenditure on account or for unspecified purposes.
Withdrawals from Consolidated Fund .org PDF generated: 28 Mar 2017, 17:22 105. Powers and duties of Auditor General. Reports of Auditor General. National Finance Council.
Grants to States. Assignment of taxes and fees to the States. Restriction on borrowing. Restriction on alterations in establishments of States.
68 Chapter 2: Application to States of Sabah and Sarawak. State audits in States of Sabah and Sarawak. Borrowing powers of States of Sabah and Sarawak. Special grants and assignments of revenue to States of Sabah and Sarawak.
Reviews of special grants to State of Sabah and Sarawak. 70 PART VIII: ELECTIONS. Conduct of elections. Constitution of Election Commission.
Assistance to Election Commission. Method of challenging election. Method of questioning election petition of no return. Qualifications of electors.
Direct elections to the Senate. 75 PART IX: THE JUDICIARY. Judicial power of the Federation. Constitution of Federal Court.
Constitution of Court of Appeal. Constitution of the High Courts. Appointment of judicial commissioner. Appointment of judges of Federal Court, Court of Appeal and of High Courts.
Transfer of judge of one High Court to another. Qualifications of judges of Federal Court, Court of Appeal and of High Courts. Oath of office of judges. Tenure of office and remuneration of judges of Federal Court.
Exercise of powers by judges. Power to punish for contempt. Restriction on Parliamentary discussion of conduct of judge .org PDF generated: 28 Mar 2017, 17:22 128. Jurisdiction of Federal Court.
Advisory jurisdiction of Federal Court. Provision for incapacity, etc. of Chief Justice, President or Chief Judge. 82 PART X: PUBLIC SERVICES.
Joint services, etc. Secondment of officers. Restriction on dismissal and reduction in rank. Impartial treatment of Federal employees.
Armed Forces Council. Judicial and Legal Service Commission. Public Services Commission. Police Force Commission.
Education Service Commission. General provisions relating to Commissions. Conditions of service of members of Commissions. Functions of Service Commissions.
Reports of Commissions. Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak. Protection of pension rights. Interpretation of Part X.
94 PART XI: SPECIAL POWERS AGAINST SUBVERSION, ORGANISED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS. Legislation against subversion, action prejudicial to public order, etc. Proclamation of emergency. Restrictions on preventive detention.
97 PART XII: GENERAL AND MISCELLANEOUS. Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak .org PDF generated: 28 Mar 2017, 17:22 154. Contributions in aid of rates in respect of federal and State property. Delegation of State functions to another State.
Amendment of the Constitution. Operation of transitional provisions of Malaysia Act. Reprint of the Constitution. 106 PART XIIA: ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK.
Use of English and of native languages in States of Sabah and Sarawak. Special position of natives of States of Sabah and Sarawak. Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak. Safeguards for constitutional position of States of Sabah and Sarawak.
110 PART XIII: TEMPORARY AND TRANSITIONAL PROVISIONS. Succession to property. Rights, liabilities and obligations. International agreements, etc., made before Merdeka Day.
Director of Audit to be first Auditor General. Transfer of officers. Waiver or postponement of oath of office where appointment continues under this Part .org PDF generated: 28 Mar 2017, 17:22 178. Remuneration after Merdeka Day.
Contributions in respect of joint services. Preservation of pensions, etc. 113 PART XIV: SAVING FOR RULERS’ SOVEREIGNTY, ETC. Saving for Rulers’ sovereignty, etc.
113 PART XV: PROCEEDINGS AGAINST THE YANG DI-PERTUAN AGONG AND THE RULERS. The Special Court. No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally. 114 FIRST SCHEDULE: Oath of Applicants for Registration or Naturalisation [Article 18(1), 19(9)].
115 PART 1: CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN BEFORE MALAYSIA DAY [Article 14 (1)(a)]. 115 PART 2: CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN ON OR AFTER MALAYSIA DAY [Article 14(1)(b)]. 116 PART 3: SUPPLEMENTARY PROVISIONS RELATING TO CITIZENSHIP [Article 31]. 117 THIRD SCHEDULE: Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong [Article 32 and 33].
121 PART 1: ELECTION OF YANG DI-PERTUAN AGONG. 121 PART 2: ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG. 122 PART 3: REMOVAL OF YANG DI-PERTUAN AGONG. 123 FOURTH SCHEDULE: Oaths of Office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong [Article 37].
123 PART 1: OATH OF YANG DI-PERTUAN AGONG. 123 PART 2: OATH OF TIMBALAN YANG DI-PERTUAN AGONG. 123 PART 3: ENGLISH TRANSLATIONS. 124 FIFTH SCHEDULE: The Conference of Rulers [Article 38(1)].
124 SIXTH SCHEDULE: Forms of Oaths and Affirmations [Articles 43(6), 43B(4), 57(1A)(a), 59(1), 124, 142(6)]. Oath of Office and Allegiance. Oath as Member of Parliament and of Allegiance. Oath of Secrecy.
125 SEVENTH SCHEDULE: ELECTION OF SENATORS [Article 45]. 126 EIGHTH SCHEDULE: Provisions to be Inserted in State Constitutions [Article 71]. 127 PART 1: Final Provisions. Ruler to act on advice .org PDF generated: 28 Mar 2017, 17:22 1A.
Proceedings against the Ruler. The Executive Council. Legislature of the State. Composition of Legislative Assembly.
Qualifications of members .