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Lesson 3 Malaysian Constitution 2.1 The supremacy of the constitution 2.2 Fundamental provisions of the constitution Malaysian Studies 2 1

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Lesson 3

• Malaysian Constitution

2.1 The supremacy of the constitution

2.2 Fundamental provisions of the constitution

Malaysian Studies 2

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Introduction

• A constitution is a collection of measures and guidelines for regulating the administration of a country.

• Matters outlined in a constitution include :• Basic freedom, • Right and responsibilities of government and people, • Citizenship, • Judiciary, • Finance, • General election and • Distribution of power between the central and state

governments.

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• Malaysia has been a country that is sensitive to current needs and demands.

• Amendments are made when there are circumstances which cause certain articles in the Constitution to become irrelevant.

• Thus, Malaysian Constitution are always practical and suitable for guiding the country’s government and in unison guide the behavior of the people.

• As long as the government is sensitive to the current needs,and the people respect the law, then the Constitution will continue to work.

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Background of the Malaysian Constitution

• The basis of the Federal Constitution of Malaysia is the Constitution of the Federation of Malaya.

• Following the Alliance’s landslide victory in the first Federal Election in 1955, Tunku Abdul Rahman Putra was appointed as Chief Minister.

• The drafting of the Constitution of the Federation of Malaya was the first step forward the formation of a new government after Britain agreed to concede independence to Malaya in 1956.

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• For the task of drafting the Constitution, the British Government formed a working committee comprising representatives from their side, advisors from the Conference of Rulers and Malayan political leaders.

• In January 1956, Tunku headed a delegation to London to discuss the Federal Constitution.

• In March 1956, a Commission chaired by Lord Reid was set up to formulate a draft and refine the Constitution of the Federation of Malaya.

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• The Commission sought the views of political parties, non political organizations and individuals on the form of government and racial structure appropriate for this country.

• In the consultation process, a memorandum from the Alliance had gained preference.

• The memorandum, aimed at mutual interests and strengthening that nation’s democratic system of government.

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Malaysian Constitution

1. In Malaysia only the constitution is supreme.

2. Malaysian Parliament is not supreme

3. Our parliament derives its power from the constitution which divides legislative power between the federation and individual state.

4. Malaysia is a federation with a written constitution.

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Malaysian Constitution

Main provision in the constitution

Language

Religion Citizenship Special privileges

Personal rights

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1. LANGUAGE• The leaders of Malaysia decided that the future independent

Malaysia must have an official language to replace the English language.

• The need for a National language that becomes the language for general communication and the official language was realized to be important for uniting people of different ethnic origin, each with their own spoken language.

• Malay language has been agreed to be the National language – which until today known as the Malaysian language.

The Main Provision In The Malaysian Constitution

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The rational of the choice

1. The Malay language was the lingua franca in the region for centuries – widely used during the golden age of Malacca by the traders and merchants.

2. Very easy to learn – as also been used by the communal groups , majority native speakers of the Malay language compared to other language.

3. Common dialect - Similar term and pronunciation throughout the country – ( only some of the words have different term and pronunciation in other states )

4. Romanized letters – has been widely used by all communities since the use of English language.

5. Clear phonemes – syllables are easy to spell

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• Malay language that was already widely used grew in popularity.

• The decision to make the Malay language as the National language did not worry other races because :– The use of their own mother tongue language was

allowed– An advantage to be proficient in both Malay

language as well as their own mother tongue.

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2. RELIGION • Religion plays an important role in instilling

wholesome values, and producing responsible citizens with high morals.

• Islam as an official religion is one of the criteria in Malaysian constitution.

• Nurturing of religious values in a plural society has been a challenge.

• Authorities have taken a few steps to balance the religious values in Malaysia :-

The Main Provision In The Malaysian Constitution

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1. The Rukun Negara– The first principle of Rukun Negara is “Believe in God”– Regardless of the religion that a Malaysian believes in, the

national ideology emphasizes the importance of having a religion and believe on it.

2. The curriculum – Islam as a subject if officially taught at every level in school.– Non-Muslim pupils are taught elements of moral and

religion through the subject of Moral Education.3. Facilities for worship – Places of worship for every religion are built throughout the

county.– Financial aid and other support such as building site can be

obtained from the government.

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4. Support during ceremonies – Ritual and religious ceremonial practice for all religions

always get cooperation from the authorities, e.g police.– Help to safeguard security and calm whenever there is a

religious celebration such as the annual possession on Prophet Muhammad’s birthday, the celebration of Thaipusam, Chap Goh Mei , Gawai Day and St Anne’s Feast Day.

• Religious belief is most basic in nurturing the character of an individual and to guide him in the life he leads.

• People practice their respective religions without fear, because there are fair support given by authorities.

• This matter enhances religious tolerance and unite Malaysians.

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3. CITIZENSHIP• Citizenship is a status held by the people who have

the right to be in a country. • Some of the special rights a citizen can obtain are;

1. The right to vote in an election2. The right to be active in politics3. The right to fill a post that is exclusive for citizens only4. Free to own landed property5. The right to receive benefits such as welfare benefits,

education, health and so on. 6. Freedom of movement throughout the country7. The right not to be exiled.

The Main Provision In The Malaysian Constitution

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• In return for the protection and special rights, citizens should fulfill his responsibilities and play his role in the country.1. Give national service including joining the army.

2. Stand for the laws and help run the systems in the country.

3. Contribute to the productivity of the country in whatever

field he undertakes.

4. Participate and support national programmes and events

such as the Independence Day.

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Ways of acquiring citizenship

1. Jus Soli• This is based on the laws of the birth place.

Regardless the status of the mother or father, citizenship status is automatic for people born in Malaysia between Independence Day and October 1962.

• Those born after 1962 can become citizens if they fulfill one of the conditions :– The mother or father is a citizen at the time of his birth– The mother or father has been residing in the country– He was not a citizen of any country

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2. Jus Sanguinis• Relies solely on the citizenship status of the father• if the father of the newly born in a citizen of the

Federation, he too becomes a citizen.• For the child of a citizen who was born outside the

country, the child only inherits the father’s citizenship status if,

1. His own father was born in Malaysia, or2. Holds a post in the Public Service at the Federal or State

level, or3. His birth was registered at the office of a Malaysian

Consulate or with the Malaysian government within one year after his birth.

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3. Marriage• Citizenship given through registration• Giving the right to a foreign woman who is married

to a Malaysian citizen to apply for to become a citizen.

• The following condition must be fulfilled :1. If the husband is a citizen in October 1962 or prior to

that, and the marriage is still binding, or2. The foreign woman has lived in the Federation for two

years before the application is made, has the intention to continue living in the Federation and is of good conduct.

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4. Naturalization • Article 19 of the Malaysian Constitution provides

the opportunity to residents who are not born in Malaysia to become Malaysian citizen.

• Applicants are required to fulfill the following conditions :

1. Aged 21 and above, and2. Have lived in the Federation for about 10 out 12 years

from and up to the date of application, and3. Have the intention to live permanently in the country,

and4. Of good conduct, and5. Have sufficient knowledge of the Malay language.

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Loss Of Citizenship Status

• A person who becomes a citizen can lose his citizenship in two ways

1. He himself rejects the citizenship for personal reasons.

2. He has violated the laws and committed a prohibited action that can be one of the following:

i. He has become the citizen of another countryii. He is enjoying all the facilities in another country,

whereas those rights are given only to the citizens of those countries, for example, he participates in the foreign country’s elections or possesses a foreign passport.

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iii. A woman becomes the citizen of a foreign country through marriage with a man from the country concerned.

iv. Acts negatively showing he is no longer loyal to Malaysia.

v. Has business or ties with a hostile country.

vi. Has been jail sentenced in a state of not less than 12 months or fined not less than RM 5,000.00 within a period of five years after becoming a citizen.

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viii. Gives services to another country without permission

ix. Lives continuously for five years in a foreign country unless he is on service with or on behalf of the Malaysian government.

x. The citizenship has been falsely obtained.

xi. A foreign woman who acquired her citizenship status through marriage, is divorced from the husband, except in the case where the husband has passed away.

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4. Special Privileges • The Malaysian Constitution has a special provision under

Article 153 that protects the special rights of the Malays and the Bumiputeras of Sabah and Sarawak.

• This provision involves the special reservation in terms of scholarships, posts in the public service, business and industrial licenses, reserve land.

• The special provision is considered to bring them to the same economic and education status as the other races

• With equality of status it will be possible to sustain political stability and public peace.

The Main Provision In The Malaysian Constitution

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Special Provision Article 153

• As the Malays and Bumiputeras get the special rights, the Constitution has also made allowances for certain provision for people of non-Malay descent to enjoy Article 153 by making himself eligible to be categorized “Malay”

• Article 160 (2) – A Malay is interpreted as someone who practices the religion of Islam, normally speaks Malay language and observes Malay customs and traditions.

• With this provision, non-Malay citizens or their children can make themselves eligible for the special rights provided under Article 153.

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Basic Rights In The Constitution

• In the Constitution, the fundamental rights are written as fundamental liberties.

• There are three parts to fundamental liberties : 1. Freedom of Worship 2. Personal Freedom3. Economic Freedom

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(1) Freedom of Worship • Article 11 and 12 of the Malaysian Constitution elaborate on the freedom

of worship.

• Among the important aspects are :1. Every person has the right to practice a religion2. A person under 18 years cannot be asked to take part in a religious

ceremony other than his own.3. A person cannot be asked to pay any sort of tax if what is collected is used

for the interest of a religion other than his own.4. Groups of the same religion have the right to organize religious businesses.

• This freedom of worship is guaranteed although Islam has been made the official religion of the country.

• However, all aspects of the freedom of worship should not disturb public peace.

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( 2 ) Personal Freedom

• Emphasizes that a person cannot have his life taken away or his freedom destroyed except as required by the laws.

• For example, – A person should the reason before being arrested and

given a chance to defend himself ;– A person is allowed to speak and voice his opinion or to

gather peacefully and to form associations. • However, the law can restrict the freedom

mentioned to safeguard public interest in certain circumstances.

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( 3 ) Economic Freedom

• Under this freedom, Malaysians are protected from being turned into slaves.

• Malaysians have the right to own property and should there be any need on the part of government to take over the property, proper compensation should be made to the owner.

• Freedom to run associations, e.g workers can fight in peace for their economic interest through associations.