The Federal Constitution: Malaysia's Supreme Law

Every law passed in Malaysia — whether by the federal Parliament or by a State Legislative Assembly — can be measured against a single document. If that law is inconsistent with it, the law may be treated as void to the extent of that inconsistency. That document is the Federal Constitution.

This article describes three things descriptively: what it means when the Constitution calls itself “supreme”, how its text is organised, and the procedure laid down for amending it.

At a glance

Name	Federal Constitution (Perlembagaan Persekutuan)
Type	Supreme law of the Federation (Article 4)
Came into force	Merdeka Day, defined by Article 160 as 31 August 1957
Organisation	Parts I–XV (including Part XIIA) and thirteen Schedules
Amendment procedure	Article 159

What does “supreme law” mean?

Article 4(1) states: “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.” In short, the Constitution sets itself up as the measure of validity for other laws passed after Merdeka Day.

Article 4 also contains procedural provisions. The following clauses touch on restrictions on challenges to the validity of a law, and require that leave be granted by a judge of the Federal Court before a declaration that a law is invalid may be made on certain grounds. Article 160, in turn, defines “Merdeka Day” as 31 August 1957 — the reference date mentioned in Article 4(1) itself.

How is the Constitution organised?

The text of the Constitution is organised into fifteen Parts. Each Part groups Articles by theme:

Part	Title
I	The States, Religion and Law of the Federation
II	Fundamental Liberties
III	Citizenship
IV	The Federation
V	The States
VI	Relations between the Federation and the States
VII	Financial Provisions
VIII	Elections
IX	The Judiciary
X	Public Services
XI	Special Powers against Subversion, Organised Violence, and Acts and Crimes Prejudicial to the Public and Emergency Powers
XII	General and Miscellaneous
XIIA	Additional Protections for the States of Sabah and Sarawak
XIII	Temporary and Transitional Provisions
XIV	Saving for Rulers’ Sovereignty, Etc.
XV	Proceedings against the Yang di-Pertuan Agong and the Rulers

Part XIIA was inserted to accommodate Sabah and Sarawak when the Federation was formed in 1963; see Division of Federal and State Powers. This arrangement means the core institutions — Parliament in Part IV, the judiciary in Part IX, and the Conference of Rulers in Part IV through Article 38 — each have their fixed place in the text.

What do the Schedules contain?

Besides the Parts, the Constitution has thirteen Schedules located at the back of the main text. The Schedules hold detailed particulars referred to by specific Articles. Among them:

• Third Schedule — the procedure for the election of the Yang di-Pertuan Agong and the Deputy.
• Fifth Schedule — the membership and procedure of the Conference of Rulers.
• Ninth Schedule — the Federal List, State List and Concurrent List that divide legislative jurisdiction.
• Thirteenth Schedule — provisions relating to the delimitation of electoral constituencies.

According to the table of contents of the official reprint, some Schedules (for example the Twelfth Schedule) have been repealed but remain listed in the ordering.

How can the Constitution be amended?

The amendment procedure is contained in Article 159. Article 159(1) states that, subject to the other provisions of that Article and to Article 161E, the provisions of the Constitution may be amended by federal law. However, that “federal law” is not all passed in the same way. Article 159 itself sets out several different routes:

Route	Provision	Requirement
Two-thirds majority	Article 159(3)	An amending bill must be supported on the Second and Third Readings by the votes of not less than two-thirds of the total number of members of each House of Parliament
Simple majority (excepted)	Article 159(4)	Certain amendments are excepted from the requirement of 159(3) — among them amendments to Part III of the Second Schedule or to the Sixth or Seventh Schedule, amendments incidental to or consequential on certain law-making powers, and amendments relating to the admission of a State into the Federation
With the consent of the Conference of Rulers	Article 159(5)	Amendments to a list of specified provisions cannot be passed without the consent of the Conference of Rulers

Article 159(6) clarifies that in that Article, “amendment” includes addition and repeal.

Article 159(3) also mentions another class of bill — a bill to amend a law passed under Article 10(4) — as subject to the same two-thirds threshold.

Which provisions require more than a two-thirds vote?

For some provisions, a two-thirds vote in both Houses alone is not enough. Article 159(5) lists the provisions whose amendment cannot be passed without the consent of the Conference of Rulers:

• Article 10(4) and any law passed under it;
• the provisions of Part III (citizenship);
• Article 38, Article 63(4), Article 70, Article 71(1), Article 72(4);
• Article 152 and Article 153; and
• Clause 159(5) itself.

In addition, Article 159(1) makes the entire amending power subject to Article 161E, which is a provision in Part XIIA containing protections for the constitutional position of the States of Sabah and Sarawak. The combined effect of Article 159(4)(bb) and Article 161E is that certain amendments affecting Sabah and Sarawak are handled separately from the ordinary route.

Common misconceptions

“All constitutional amendments require a two-thirds vote.” Article 159(4) excepts several categories of amendment from the two-thirds requirement; those categories may be passed by a simple majority.

“A two-thirds vote is enough for any amendment.” For the provisions listed in Article 159(5), the consent of the Conference of Rulers is required as an additional condition, and for matters relating to Sabah and Sarawak, Article 161E applies.

“The Constitution came into force when Malaysia was formed in 1963.” Article 160 defines Merdeka Day as 31 August 1957; the original text came into force on that date as the Constitution of the Federation of Malaya, and was later extended when Sabah and Sarawak joined the Federation.

What next

To see how the provisions of the Constitution work in practice, start with the Parliament of Malaysia, the body that passes federal law including amendments under Article 159, and the Conference of Rulers, whose consent is required for the provisions listed in Article 159(5).

For the division of powers between the Federation and the States under the Ninth Schedule, see Division of Federal and State Powers.

The full text of Article 4, Article 159 and Article 160 can be read in the official reprint of the Federal Constitution on the Malaysian Legislation Portal maintained by the Attorney General’s Chambers.