PART I THE STATES, RELIGION AND LAW OF THE FEDERATION 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme law of the Federation PART II. FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7. Protection against retrospective criminal laws and repeated trials 8. Equality 9. Prohibition of banishment and freedom of movement 10. Freedom of speech, assembly and association 11. Freedom of religion 12. Rights in respect of education 13. Rights to property PART III. CITIZENSHIP Chapter 1. Acquisition of Citizenship 14. Citizenship by operation of law 15. Citizenship by registration (wives and children of citizens) 15A. Special power to register children 16. Citizenship by registration (persons born in the Federation before Merdeka Day) 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) 17. Repealed 18. General provisions as to registration 19. Citizenship by naturalisation 19A. Repealed 20. Repealed 21. Repealed 22. Citizenship by incorporation of territory Chapter 2. Termination of Citizenship 23. Renunciation of citizenship 24. Deprivation of citizenship on acquisition or exercise of foreign citizenship, etc 25. Deprivation of citizenship by registration under Article 16A or 17 or by naturalisation 26. Other provisions for deprivation of citizenship by registration or naturalisation 26A. Deprivation of citizenship of child of person losing citizenship 26B. General provisions as to loss of citizenship 27. Procedure for deprivation 28. Application of Chapter 2. to certain citizens by operation of law 28A. Deprivation of citizenship of persons becoming citizens on Malaysia Day Chapter 3. Supplemental 29. Commonwealth citizenship 30. Certificates of citizenship 30A. Repealed 30B. Repealed 31. Application of Second Schedule PART IV. THE FEDERATION Chapter 1. The Supreme Head 32. Supreme Head of the Federation, and his Consort 33. Deputy Supreme Head of the Federation 33A. Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence 34. Disabilities of Yang di-Pertuan Agong, etc 35. Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong 36. Public Seal 37. Oath of office of Yang di-Pertuan Agong Chapter 2. The Conference of Rulers 38. Conference of Rulers Chapter 3. The Executive 39. Executive authority of Federation 40. Yang di-Pertuan Agong to act on advice 41. Supreme command of armed forces 42. Power of pardon, etc 43. Cabinet 43A. Deputy Ministers 43B. Parliamentary Secretaries 43C. Political Secretaries Chapter 4. Federal Legislature 44. Constitution of Parliament 45. Composition of Senate 46. Composition of House of Representatives 47. Qualifications for membership of Parliament 48. Disqualification for membership of Parliament 49. Provisions against double membership 50. Effect of disqualification, and prohibition of nomination or appointment without consent 51. Resignation of members 52. Absence of a member 53. Decisions as to disqualification 54. Vacancies in Senate and casual vacancies 55. Summoning, prorogation and dissolution of Parliament 56. President and Deputy President of Senate 57. Speaker and Deputy Speakers of the House of Representatives 58. Remuneration of President, Deputy President, Speaker and Deputy Speakers 59. Oaths by members 60. Address by the Yang di-Pertuan Agong 61. Special provisions as to Cabinet and Attorney General 62. Parliamentary procedure 63. Privileges of Parliament 64. Remuneration of members 65. Clerks of Senate and House of Representatives Chapter 5. Legislative procedure 66. Exercise of legislative power 67. Restriction on introduction of Bills and moving of amendments involving taxation, expenditure, etc 68. Assent to Bills passed by House of Representatives only Chapter 6. Capacity as respects property, contracts and suits 69. Capacity of Federation as respects property, contracts and suits PART V. THE STATES 70. Precedence of Rulers and Yang di-Pertua-Yang di-Pertua Negeri 71. Federal guarantee of State Constitutions 72. Privileges of Legislative Assembly PART VI. RELATIONS BETWEEN THE FEDERATION AND THE STATES Chapter 1. Distribution of legislative powers 73. Extent of federal and State laws 74. Subject matter of federal and State laws 75. Inconsistencies between federal and State laws 76. Power of Parliament to legislate for States in certain cases 76A. Power of Parliament to extend legislative powers of States 77. Residual power of legislation 78. Legislation restricting use of rivers 79. Exercise of concurrent legislative powers Chapter 2. Distribution of executive powers 80. Distribution of executive powers 81. Obligations of States towards Federation Chapter 3. Distribution of financial burdens 82. Financing expenditure relating to matters on Concurrent List Chapter 4. Land 83. Acquisition of land for federal purposes 84. Repealed 85. Grant to Federation of land reserved for federal purposes 86. Disposition of land vested in the Federation 87. Determination of disputes as to land values 88. Application of Articles 83 to 87 to States not having a Ruler 89. Malay reservations 90. Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu 91. National Land Council Chapter 5. National development 92. National development plan Chapter 6. Federal surveys, advice to States and inspection of State activities 93. Inquiries, surveys and statistics 94. Federal powers in respect of State subjects 95. Inspection of State activities Chapter 7. National Council for Local Government 95A. National Council for Local Government Chapter 8. Application to States of Sabah and Sarawak 95B. Modifications for States of Sabah and Sarawak of distribution of legislative powers 95C. Power by order to extend legislative or executive powers of States 95D. Exclusion for States of Sabah and Sarawak of Parliament’s power to pass uniform laws about land or local government 95E. Exclusion of States of Sabah and Sarawak from national plans for land utilisation, local government, development, etc PART VII. FINANCIAL PROVISIONS Chapter 1. General 96. No taxation unless authorised by law 97. Consolidated Funds 98. Expenditure charged on Federal Consolidated Fund 99. Annual financial statement 100. Supply Bills 101. Supplementary and excess expenditure 102. Power to authorise expenditure on account or for unspecified purposes 103. Contingencies Fund 104. Withdrawals from Consolidated Fund 105. Auditor General 106. Powers and duties of Auditor General 107. Reports of Auditor General 108. National Finance Council 109. Grants to States 110. Assignment of taxes and fees to the States 111. Restriction on borrowing 112. Restriction on alterations in establishments of States Chapter 2. Application to States of Sabah and Sarawak 112A. State audits in States of Sabah and Sarawak 112B. Borrowing powers of States of Sabah and Sarawak 112C. Special grants and assignments of revenue to States of Sabah and Sarawak 112D. Reviews of special grants to State of Sabah and Sarawak 112E. Repealed PART VIII. ELECTIONS 113. Conduct of elections 2 3A 114. Constitution of Election Commission 115. Assistance to Election Commission 116. Federal constituencies 117. State constituencies 118. Method of challenging election 118A. Method of questioning election petition of no return 119. Qualifications of electors 120. Direct elections to the Senate PART IX. THE JUDICIARY 121. Judicial power of the Federation 122. Constitution of Federal Court 122A. Constitution of Court of Appeal 122AA. Constitution of the High Courts 122AB. Appointment of judicial commissioner 122B. Appointment of judges of Federal Court, Court of Appeal and of High Courts 122C. Transfer of judge of one High Court to another 123. Qualifications of judges of Federal Court, Court of Appeal and of High Courts 124. Oath of office of judges 125. Tenure of office and remuneration of judges of Federal Court 125A. Exercise of powers by judges 126. Power to punish for contempt 127. Restriction on Parliamentary discussion of conduct of judge 128. Jurisdiction of Federal Court 129. Repealed 130. Advisory jurisdiction of Federal Court 131. Repealed 131A. Provision for incapacity, etc. of Chief Justice, President or Chief Judge PART X. PUBLIC SERVICES 132. Public services 133. Joint services, etc 134. Secondment of officers 135. Restriction on dismissal and reduction in rank 136. Impartial treatment of Federal employees 137. Armed Forces Council 138. Judicial and Legal Service Commission 139. Public Services Commission 140. Police Force Commission 141. Repealed 141A. Education Service Commission 142. General provisions relating to Commissions 143. Conditions of service of members of Commissions 144. Functions of Service Commissions 5B 145. Attorney General 146. Reports of Commissions 146A. Repealed 146B. Repealed 146C. Repealed 146D. Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak 147. Protection of pension rights 148. Interpretation of Part X PART XI. SPECIAL POWERS AGAINST SUBVERSION, ORGANISED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS 149. Legislation against subversion, action prejudicial to public order, etc 150. Proclamation of emergency 151. Restrictions on preventive detention PART XII. GENERAL AND MISCELLANEOUS 152. National language 153. Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak 154. Federal capital 155. Commonwealth reciprocity 156. Contributions in aid of rates in respect of federal and State property 157. Delegation of State functions to another State 158. Repealed 159. Amendment of the Constitution 159A. Operation of transitional provisions of Malaysia Act 160. Interpretation 160A. Reprint of the Constitution 160B. Authoritative text PART XIIA. ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK 161. Use of English and of native languages in States of Sabah and Sarawak 161A. Special position of natives of States of Sabah and Sarawak 161B. Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak 161C. Repealed 161D. Repealed 161E. Safeguards for constitutional position of States of Sabah and Sarawak 161F. Repealed 161G. Repealed 161H. Repealed PART XIII. TEMPORARY AND TRANSITIONAL PROVISIONS 162. Existing laws 163. Repealed 164. Repealed 165. Repealed 166. Succession to property 167. Rights, liabilities and obligations 168. Repealed 169. International agreements, etc., made before Merdeka Day 170. Repealed 171. Repealed 172. Repealed 173. Repealed 174. Repealed 175. Director of Audit to be first Auditor General 176. Transfer of officers 177. Waiver or postponement of oath of office where appointment continues under this Part 178. Remuneration after Merdeka Day 179. Contributions in respect of joint services 180. Preservation of pensions, etc PART XIV. SAVING FOR RULERS’ SOVEREIGNTY, ETC 181. Saving for Rulers’ sovereignty, etc PART XV. PROCEEDINGS AGAINST THE YANG DI-PERTUAN AGONG AND THE RULERS 182. The Special Court 183. No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally SECOND SCHEDULE. [Article 39] PART 1. CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN BEFORE MALAYSIA DAY [Article 14 (1)(a)] 1 PART 2. CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN ON OR AFTER MALAYSIA DAY [Article 14(1)(b)] 2 PART 3. SUPPLEMENTARY PROVISIONS RELATING TO CITIZENSHIP [Article 31] The Minister 4 Functions of Minister 10 Offences 16 Interpretation 20 THIRD SCHEDULE. Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong [Article 32 and 33] PART 1. ELECTION OF YANG DI-PERTUAN AGONG 1 4 PART 2. ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG PART 3. REMOVAL OF YANG DI-PERTUAN AGONG PART 4. GENERAL FOURTH SCHEDULE. Oaths of Office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong [Article 37] PART 1. OATH OF YANG DI-PERTUAN AGONG PART 2. OATH OF TIMBALAN YANG DI-PERTUAN AGONG PART 3. ENGLISH TRANSLATIONS SIXTH SCHEDULE. Forms of Oaths and Affirmations [Articles 43(6), 43B(4), 57(1A)(a), 59(1), 124, 142(6)] 1. Oath of Office and Allegiance 2. Oath as Member of Parliament and of Allegiance 3. Oath of Secrecy SEVENTH SCHEDULE. ELECTION OF SENATORS [Article 45] 1 2 EIGHTH SCHEDULE. Provisions to be Inserted in State Constitutions [Article 71] PART 1. Final Provisions 1. Ruler to act on advice 1A. Proceedings against the Ruler 2. The Executive Council 3. Legislature of the State 4. Composition of Legislative Assembly 5. Qualifications of members 6. Disqualification for membership of Legislative Assembly 7. Provision against double membership 8. Decision as to disqualification 9. Summoning, prorogation and dissolution of Legislative Assembly 10. Speaker of the Legislative Assembly 11. Exercise of legislative power FINANCIAL PROVISIONS 12. No taxation unless authorised by law 13. Expenditure charged on Consolidated Fund 14. Annual financial statement 15. Supplies Bill 16. Supplementary and excess expenditure 17. Withdrawals from the Consolidated Fund 18. Impartial treatment of State employees 19. Amendment of the Constitution PROVISIONS IN RESPECT OF YANG DI-PERTUA NEGERI IN RELATION TO THE STATES OF MALACCA PENANG SABAH AND SARAWAK 19A. Yang di-Pertua Negeri 19B. Qualifications and disabilities of Yang di-Pertua Negeri 19C. Civil List of Yang di-Pertua Negeri 19D. Oath of office of Yang di-Pertua Negeri PART 2. TEMPORARY PROVISIONS ALTERNATIVE TO PROVISIONS 20. The Executive Council 21. Composition of Legislative Assembly PART 3. MODIFICATIONS OF PARTS I AND II IN RELATION TO MALACCA AND PENANG NINTH SCHEDULE. Legislative Lists [Articles 74, 77] List 1. Federal List List 2. State List List 2A. Supplement to State List for States of Sabah and Sarawak List 2B. Repealed List 3. Concurrent List List 3A. Supplement to Concurrent List for States of Sabah and Sarawak List 3B. Repealed TENTH SCHEDULE. Grants and Sources of Revenue Assigned to States [Articles 109, 112C, 161C(3)* [note – this article has been repealed]] PART 1. CAPITATION GRANT 1 PART 2. STATE ROAD GRANT 6 PART 3. SOURCES OF REVENUE ASSIGNED TO STATES PART 4. SPECIAL GRANTS TO STATES OF SABAH AND SARAWAK 1 2 PART 5. ADDITIONAL SOURCES OF REVENUE ASSIGNED TO STATES OF SABAH AND SARAWAK ELEVENTH SCHEDULE. Provisions of the Interpretation and General Clauses Ordinance, 1948 (Malayan Union Ordinance No. 7 of 1948), Applied for Interpretation of the Constitution [Article 160(1)] Section Subject Matter THIRTEENTH SCHEDULE. Provisions Relating to Delimitation of Constituencies [Articles 113, 116, 117] PART 1. DECLARATION OF AND PRINCIPLES RELATING TO THE DELIMITATION OF CONSTITUENCIES PART 2. PROCEDURE FOR DELIMITATION OF CONSTITUENCIES
PART I THE STATES, RELIGION AND LAW OF THE FEDERATION
1. Name, States and territories of the Federation
The Federation shall be known, in Malay and in English, by the name Malaysia.
The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri, Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu.
Subject to Clause (4), the territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day.
The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. 2) Act 1973 [Act A206] and the Federal Territory of Putrajaya established under the Constitution (Amendment) Act 2001 [Act A1095] and the territory of the State of Sabah shall exclude the Federal Territory of Labuan established under the Constitution (Amendment) (No. 2) Act 1984 [Act A585], and all such Federal Territories shall be territories of the Federation.
2. Admission of new territories into the Federation
Parliament may by law-
admit other States to the Federation;
alter the boundaries of any State,
but a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.
3. Religion of the Federation
Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.
In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution of that State, and, subject to that Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observances of ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorise the Yang di-Pertuan Agong to represent him.
The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong the position of Head of the religion of Islam in that State.
Nothing in this Article derogates from any other provision of this Constitution.
Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.
4. Supreme law of the Federation
This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
The validity of any law shall not be questioned on the ground that-
it imposes restrictions on the right mentioned in Article 9 (2) but does not relate to the matters mentioned therein; or
it imposes such restrictions as are mentioned in Article 10 (2) but those restrictions were not deemed necessary or expedient by Parliament for the purposes mentioned in that Article.
The validity of any law made by Parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or-
if the law was made by Parliament, in proceedings between the Federation and one or more States;
if the law was made by the Legislature of a State, in proceedings between the Federation and that State.
Proceedings for a declaration that a law is invalid on the ground mentioned in Clause(3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Federal Court; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause.