the Federal Constitution of Malaysia

Malaysia Today

Malaysia has a law called the Sedition Act and to make a statement asking for the abolishment of the Monarchy is seditious(provocative) and a crime under the Sedition Act.

The Federal Constitution of Malaya came into force on 27 August 1957, four days before independence.

Malaya, Sabah, Sarawak, and Singapore merged to form Malaysia in 1963.

Tunku Abdul Rahman did not agree that Lee Kuan Yew call himself Prime Minister of Singapore as the Tunku did not see how Malaysia could have two Prime Ministers. Lee Kuan Yew, on the other hand, did not agree to being ‘downgraded’ to a Chief Minister like Penang, Melaka, Sabah and Sarawak. - one of the reason Singapore broke off from Malaysia.

It must further be noted that, according to Shad Saleem Faruqi, as at 2005, the Constitution has been amended 42 times over the 48 years since independence. However, as several amendments were made each time, he estimates the true number of individual amendments at around 650.

The Constitution itself has provisions under Articles 159 and 161E on how it may be amended. And the amendments can be made by federal law and in the following ways:

1. Some Articles may be amended only by a two-thirds majority in each House of Parliament but only if the Conference of Rulers consents to it. This means, even if you have a two-thirds majority in Parliament, you can’t amend these Articles in the Constitution unless the Rulers agree to the amendments. This would be with regards to the following:

* Amendments pertaining to the powers of sultans and their respective states
* The status of Islam in the Federation
* The special position of the Malays and the natives of Sabah and Sarawak
* The status of the Malay language as the official language

2. Some Articles in the Constitution related to Sabah and Sarawak may be amended by a two-thirds majority in each House of Parliament but only if the Governors of the two East Malaysian states concurs. This would be with regards to the following:

* Citizenship of persons born before Malaysia Day
* The constitution and jurisdiction of the High Court of Borneo
* The matters with respect to which the legislature of the state may or may not make laws, the executive authority of the state in those matters and financial arrangement between the Federal government and the state.
* Special treatment of natives of the state

3. Then there are some Articles in the Constitution that may be amended by a two-thirds majority in each House of Parliament. These amendments do not require the consent of anybody outside Parliament. (The extension of the tenure of the Chairman of the Elections Commission is one case in point).

4. Some Articles, which are not that important, may be amended by Parliament with just a simple majority. You, therefore, do not need a two-thirds majority in Parliament in some cases.

It has been estimated that between 1957 and 2003, almost thirty Articles have been added and repealed(canceled) as a consequence of the frequent amendments.

can you now see the logic in not allowing any one group, whether Barisan Nasional or Pakatan Rakyat, in having a two-thirds majority in Parliament? Giving them two-thirds is like having no opposition at all. Better they rule without the two-thirds and the ‘other side’ supports any bills that deserve supporting while they can oppose anything that should be opposed. If this were the case then the Chairman of the Elections Commission would have never seen his tenure extended and the recent general election would not have been rife with fraud.