# Federal Constitution — Malaysia's Supreme Law

> The Federal Constitution is the supreme law of Malaysia. Article 4 provides that any law that is inconsistent with it is void to the extent of the inconsistency, and it may only be amended under the special procedure in Article 159.

- Category: glossary
- Language: en
- Status: published
- Updated: 2026-08-01
- Canonical: https://negaraku.md/en/glossary/perlembagaan-persekutuan

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**Bahasa Malaysia:** Perlembagaan Persekutuan · **English:** Federal Constitution · **中文:** 联邦宪法

An Act can be passed by Parliament with a simple-majority vote. Yet that Act
remains subject to a higher document — and if it is inconsistent with that
document, the Act is void to the extent of the inconsistency.

That document is the **Federal Constitution**. Article 4 declares it to be the
supreme law of Malaysia, and it is that standing which sets it apart from every
other [Act](/glossary/akta) in the country's legal system.

## At a glance

| | |
| --- | --- |
| Full name | Perlembagaan Persekutuan (Federal Constitution) |
| Type | Supreme law of the Federation |
| In force since | 31 August 1957 (as the Constitution of the Federation of Malaya); extended when Malaysia was formed on 16 September 1963 |
| Standing | Article 4(1): supreme law of the Federation; a law that is inconsistent is void to the extent of the inconsistency |
| Amended by | Parliament under Article 159 (and Article 161E for certain Sabah/Sarawak matters) |
| Interpreted and applied by | The courts |
| Authoritative text | Published in the Laws of Malaysia series by the Attorney General's Chambers, in Malay and English versions (Reprint 2020) |

## What does "supreme law" mean?

Article 4(1) provides that this Constitution is the supreme law of the
Federation, and any law passed after Merdeka Day that is inconsistent with the
Constitution is **void to the extent of the inconsistency**.

The effect is that all other laws in Malaysia stand **below** the Constitution,
not on a par with it:

- **Acts** passed by Parliament must conform to the Constitution.
- **Enactments** passed by State Legislative Assemblies are also subject to the
  Constitution, in addition to the division of powers it sets out.
- **Subsidiary legislation** such as regulations and rules cannot exceed the
  limits permitted by the Constitution and its parent Act.

It is the courts that interpret and apply the Constitution when a question
arises as to whether a law or action conforms to its provisions.

## How does it differ from an Act?

The most important difference is **how it is passed and amended**.

| | Ordinary Act | Federal Constitution |
| --- | --- | --- |
| Standing | Ordinary law of the Federation | Supreme law (Article 4) |
| Passed / amended by | Simple majority in both Houses | Generally two-thirds of the total number of members of each House of Parliament (Article 159) |
| Relationship to one another | Must be consistent with the Constitution | Sits above all Acts |
| Consequence of inconsistency | Void to the extent of the inconsistency with the Constitution | — |

Because the Constitution sets a higher voting threshold for its amendment, it
cannot be changed as easily as an ordinary law. This is what is meant by the
"rigidity" (*rigidity*) of a written constitution.

## How is the Constitution amended?

Article 159 sets out the amendment procedure. It is not a single rule; the route
used depends on the provision to be changed. Read together with Article 161E,
there are several separate routes:

| Route | Condition | Provision |
| --- | --- | --- |
| Default (most amendments) | A vote of not less than two-thirds of the total number of members of each House on the Second and Third Readings | Article 159(3) |
| Light (limited technical list) | Simple majority only, like an ordinary law | Article 159(4) |
| Heavier (certain matters) | Two-thirds **plus** the consent of the Conference of Rulers | Article 159(5) |
| Heavier (Sabah/Sarawak matters) | Two-thirds **plus** the consent of the relevant Yang di-Pertua Negeri of Sabah or Sarawak | Article 161E(2) |

Two details deserve attention. First, the two-thirds threshold under Article
159(3) is calculated against the **total number of members** of a House, not
merely the members present and voting. Second, the list of provisions protected
by Article 159(5) includes matters such as citizenship (Part III), the
[Conference of Rulers](/government/majlis-raja-raja) (Article 38), the national
language (Article 152) and the special position (Article 153) — and Article
161E(2) protects certain matters reserved for Sabah and Sarawak. The details of
each route are explained in the article on
[constitutional amendment](/law/constitutional-amendment).

Whether the amendment power under Article 159 has any internal limits — a
question commonly known as the *basic structure* doctrine — has been the subject
of discussion in the courts, and views on it differ. This article takes no
position on that question.

## What does it contain?

The Constitution is arranged in several Parts and Schedules covering the basic
framework of the state:

- **The Federation and its territories** — establishes Malaysia as a federation
  and defines its territories.
- **Fundamental liberties** — Part II (Articles 5 to 13) lists liberties such as
  liberty of the person, equality before the law, freedom of speech, assembly
  and association, freedom of religion, and rights concerning education and
  property.
- **Citizenship** — Part III sets out how citizenship is acquired, deprived and
  terminated.
- **Federal institutions** — the position of the
  [Yang di-Pertuan Agong](/glossary/yang-di-pertuan-agong) as Supreme Head of
  State, and the structure of the legislative, executive and judicial branches.
- **The states** — state constitutions, the Conference of Rulers, and the
  relationship between the Federation and the states.
- **Division of powers** — the Ninth Schedule contains the Federal List, the
  State List and the Concurrent List, which divide law-making authority between
  Parliament and the State Legislative Assemblies.

## Common misconceptions

**"The Constitution can be amended like an ordinary Act."** No. Article 159(3)
sets a default threshold of two-thirds of the total number of members of each
House, higher than the simple majority required for an ordinary Act.

**"A two-thirds vote is always sufficient."** Not necessarily. Article 159(5)
requires the consent of the Conference of Rulers for certain provisions, and
Article 161E(2) requires the consent of the Yang di-Pertua Negeri of Sabah or
Sarawak for matters reserved to that state.

**"All laws are on a par."** No. Article 4(1) places the Constitution above
other laws; an Act or Enactment that is inconsistent with it is void to the
extent of the inconsistency.

## What next

For a full picture of the structure of this document, read the
[Federal Constitution](/law/federal-constitution) in the law category. For the
details of each amendment route, see
[constitutional amendment](/law/constitutional-amendment). To understand how an
ordinary law is made and why it must conform to the Constitution, see
[Act](/glossary/akta).

The authoritative text for every citation on this page is the Federal
Constitution itself, published by the Attorney General's Chambers in the Laws of
Malaysia series. The Malay-language citations here are based on the Malay text of
the Reprint 2020.

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*This article is classified as sensitive (constitutional) under NegaraKu.md's
editorial policy. It is written descriptively and neutrally — reporting the text
of the provisions as published, without commentary — and is maintained as a
provisional draft pending human review before publication.*

## Sources

- Perlembagaan Persekutuan (Cetakan Semula 2020) — teks sah bahasa Melayu — https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/MY/Perlembagaan%20Persekutuan%20(Cetakan%20Semula%202020).pdf (Jabatan Peguam Negara Malaysia (AGC))
- Federal Constitution (Reprint 2020) — teks bahasa Inggeris — https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Federal%20Constitution%20(Reprint%202020).pdf (Jabatan Peguam Negara Malaysia (AGC))
- Federal Constitution — Laws of Malaysia portal — https://lom.agc.gov.my/federal-constitution.php (Jabatan Peguam Negara Malaysia (AGC))

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