Federal Constitution — Malaysia's Supreme Law

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 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 (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.

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 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 in the law category. For the details of each amendment route, see constitutional amendment. To understand how an ordinary law is made and why it must conform to the Constitution, see Act.

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.