Amending Federal Constitution of Malaysia
Amending Federal Constitution of Malaysia
TUTORIAL 3
LEGISLATIVE BRANCH
Briefly explain the procedural complexities involved in amending the Federal Constitution.
In general, under Articles 159 and 161E, there are four separate procedures are
prescribed for bringing changes to specified parts of the basic charter. Three of these four
procedures require special majorities meanwhile two out of these require the consent of
Sabah or Sarawak.
The first procedure in amending the Federal Constitution is through simple majority.
Article 159(4)(a) to (c) provides for some minor amendments to the Constitution can be
passed by a simple majority of the members present and voting in the Dewan Rakyat and
Dewan Negara and assented to by the Yang Di Pertuan Agong. The procedure for these
amendments is similar to the procedure for enacting ordinary legislation. If the King
withholds assent, then under amendments made to Article 66 in 1983, 1984 and 1994, the two
Houses can bypass the King after thirty days. This simple majority procedure applies in
amendments to Part III of the Second Schedule, Sixth Schedule, Seven Schedule, incidental
relation to the States under Article 74 and 76, matters relating to the admission of new states
other than in relation to Sabah and Sarawak and any amendments consequential to an
and Tuanku Abdul Rahman Putra Al Haj [1963] MLJ 355 the Government of Kelantan
opposed the amendments vehemently for political as well as legal reasons. The legal
challenge was based on the grounds of that the Federation of Malaysia Agreement would
abolish the Federation of Malaya and would violate the Federation of Malaya Agreement
1957, the Malaysia Agreement required the consent of all the constituent states of the
Federation of Malaya, including Kelantan and that this consent had not been obtained and
lastly even if the Constitution of the Federation of Malaya did not explicitly require
consultation with and consent of the States prior to such a radical change, such consultation
and consent were required by a binding constitutional convention. Thomson CJ rejected all
the contentions and rule that Article 259 of the Constitution nowhere required consultation
Article 159(3), most of the provisions of the Constitution can be modified by an amending
Act which has been passed by a special two-thirds majority of the total membership of each
House on the second and third readings and assented to by the King. If the King refuses
assent, it is arguable that he can be bypassed after thirty days under the special procedure of
Article 66(4A). Thirdly, the Federal Constitution can be amended through assent of
159(5). The Majlis has been conferred the momentous power to block amendments to ten key
provisions of the basic charter. These provisions are restrictions on free speech prohibiting
the questioning of “sensitive issues” in Article 10(4), citizenship rights in Part III, privileges,
position, honours or dignities of the Rulers in Article 38, applicability of the law of sedition
Article 70, Ruler’s rights of succession in Article 71, special position of the Malay language
in Article 152, privileges of the Malays and the natives of Sabah and Sarawak in Article 153,
and the special procedures for amending the Constitution under Article 159(5). Any
amending Bill that effects the above matters must be supported by a special two-thirds
majority in both Houses and receive the consent of the Conference of Rulers.