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Version Date [March 2015]
MALAYSIAN CONSTITUTION MAIN FEATURES 2
The three branches of government are the
LEGISLATIVE
EXECUTIVE
JUDICIARY
The Legislative make laws.
The Executive administers the laws.
The Judiciary interpret the laws.
MALAYSIAN CONSTITUTION HISTORY 3
1
LEGISLATIVE
(BADAN PERUNDANGAN)
MALAYSIAN CONSTITUTION LEGISLATURE 4
Parliament
Article 44
The Malaysian parliament is a bi-cameral legislature:
Dewan Negara
The Dewan Negara (the Senate) is the upper house
Dewan Rakyat
The Dewan Negara (House of Representatives)
is the lower house
PARLIAMENT BUILDING, KL
MALAYSIAN CONSTITUTION LEGISLATURE 5
Dewan Negara
Article 45
70 senators
44 senators are appointed by the King (on the advice of the Executive)
and 26 are elected by the State Legislatures (2 by each State).
3 year appointments
Each appointment is for a 3 year term,
not affected by the dissolution of Parliament.
2 terms maximum
A person can only be a senator for
a maximum of two terms,
whether consecutive or otherwise.
PARLIAMENT BUILDING, KL
MALAYSIAN CONSTITUTION LEGISLATURE 6
Dewan Rakyat
Article 46
222 members
The 222 members of the Dewan Rakyat are elected from:
Sarawak
Johor
Sabah
Perak
Selangor
31
26
25
24
22
Kedah
Pahang
Kelantan
Penang
KL
15
14
14
13
11
Terengganu
N. Sembilan
Melaka
Perlis
Putrajaya
Labuan
1
5
year 1term
Each member remains in office for
a term of five years or
until the dissolution of Parliament
PARLIAMENT BUILDING, KL
MALAYSIAN CONSTITUTION LEGISLATURE 7
Parliamentary Cycle
Article 55
First Meeting
Each Parliament starts from the date of its first meeting
5 years
Each parliament lasts for 5 years from the date of its first meeting,
unless dissolved earlier by the King at the request of the PM.
General Elections within 60 days
Once a Parliament is dissolved, general elections must be held
within 60 days of the date of dissolution.
Next Parliament within 120 days
The next Parliament must meet within 120 days of the dissolution
MALAYSIAN CONSTITUTION LEGISLATURE 8
Power to make laws
Articles 73 - 79
Parliament may make laws on matters under the federal and the
concurrent legislative lists.
Federal List
Concurrent List State List
Only Parliament may make
laws on matters in the
Federal List
Both Parliament and State
Legislatures may make laws
on matters in the
Concurrent List
Parliament may authorise any State
Legislature to make laws on matters in the
Federal List, subject to any conditions or
restrictions which Parliament may impose
(Article 76A)
If any State law is inconsistent with Federal
law, the Federal law shall prevail over the
State law and the State law shall be void to
the extent of the inconsistency (Article 75)
State Legislatures may make
laws on matters in the State
List
Parliament may make laws on matters on the
State List in certain circumstances, such as
for the purpose of promoting uniformity of
the laws of two or more States (Article 76)
State Legislatures have the residual power to
make laws on any matter not falling within
any legislative list (Article 77)
MALAYSIAN CONSTITUTION HISTORY 9
2
EXECUTIVE
(BADAN EKSEKUTIF)
MALAYSIAN CONSTITUTION LEGISLATURE 10
Yang di-Pertuan Agong
Article 32
The Yang di-Pertuan Agong is the supreme head of the
federation.
Elected by the Conference of Ruler for a term of five years.
May at any time resign his office by writing to the conference
of rulers and shall cease to hold office on
ceasing to be a Ruler.
PARLIAMENT BUILDING, KL
MALAYSIAN CONSTITUTION OTHER PROVISIONS 11
Conference of Rulers
Article 38
The Conference is a constitutional body comprising the Rulers
and the Yang di-Pertua-Yang di-Pertua Negeri. Its functions include:
1 Electing and removing the King and his Deputy
2 Giving or withholding consent (veto rights) over matters such as:
Constitutional amendments relating to matters in Article 159(6).
Laws affecting the privileges, position, honours or dignities of the
Rulers
Laws amending Article 152 (Malay language) or Article 153 (Special
position of bumiputras)
Certain appointments such as members of the Public Service
Commission and the Elections Commission
3 Deciding on the extension of any religious acts, observances or
ceremonies to the whole country
