and references in those provisions to the registration or naturalization of a citizen shall be construed accordingly.

(2) No person born within the Federation shall be liable by virtue of this Article to be deprived of citizenship under Article 25.

(3) A person who on Merdeka Day became a citizen by operation of law as having been citizen of the Federation immediately before that day shall not be deprived of citizenship under Clause (1) or (2) of Article 24 by reason of anything done on or before that day; but in the case of any such person Clause (2) of Article 25 shall apply equally in relation to a period of residence in foreign countries beginning before Merdeka Day and in relation to such a period beginning on or after that day.

EXPLANATORY NOTES:

Article 28:

See 2nd Schedule Pt. III, section 10(2).

See respective State Nationality Enactment 1952.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/28a.Deprivation of citizenship of persons becoming citizens on Malaysia Day

28a. Deprivation of citizenship of persons becoming citizens on Malaysia Day

(1) (Repealed).

(2) For the purposes of Articles 24, 25, 26 and 26A a person who on Malaysia Day becomes a citizen by operation of law because immediately before that day he has the status of a citizen of the United Kingdom and Colonies shall be treated--

(a) as a citizen by registration if he acquired that status by registration; and

(b) as a citizen by naturalization if he acquired that status by or in consequence of naturalization, and references in those Articles to the registration or naturalization of a citizen shall be construed accordingly.

(3) Where a woman is under this Article to be treated as a citizen by registration, and the status in consequence of which she is to be so treated was acquired by her by virtue of marriage, then for purposes of Clause (4) of Article 24 and Clause (2) of Article 26 she shall be treated as a citizen by registration under Clause (1) of Article 15.

(4) Where a person born before Malaysia Day is under this Article to be treated as a citizen by registration by virtue of a connection with the State of Sabah or Sarawak and he was not born in the territories comprised in the States of Sabah and Sarawak, Article 25 shall apply to him as if he were a citizen by registration under Article 16Aor 17.

(5) Notwithstanding that a person is under this Article to be treated as a citizen by naturalization, he shall not be deprived of his citizenship under Article 25 if he was born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak and is to be so treated by virtue of a status acquired by or in consequence of naturalization in those territories.

(6) Without prejudice to the foregoing Clauses, where on Malaysia Day a person becomes a citizen by operation of law in virtue of any status possessed by him immediately before that day, but he was liable in respect of things done before that day to be deprived of that status under the law relating thereto, then the Federal Government may by order deprive him of his citizenship, if proceedings for that purpose are begun before September 1965; but Clause (2) of Article 26B and, subject to Clause (7), Article 27 shall apply to an order under this Clause as they apply to an order under Article 25.

(7) Where a person is liable to be deprived of citizenship under Clause (6) and proceedings had before Malaysia Day been begun to deprive him of the status in virtue of which he acquired his citizenship, those proceedings shall be treated as proceedings to deprive him of citizenship under that Clause, and shall be continued as such; but they shall be continued in accordance with the law relating to that status immediately before Malaysia Day, and the functions of the Federal Government in relation thereto shall be delegated to such authority of the State in question as the Federal Government may determine.

EXPLANATORY NOTES:

Article 28a(1), (4) & (5):

1. Clause (1) which read as follows was repealed by Act 59/1966, section 2, in force from 9-8-1965:

"(1) For the purposes of Articles 24, 25, 26 and 26a a person who is a citizen by operation of law as having the status of a Singapore citizen shall be treated--

(a) as a citizen by registration, if he acquired that status by registration, or if he acquired it by enrolment when he was (or for those purposes was to be treated as being) a citizen of the Federation by registration; and

(b) as a citizen by naturalization, if he acquired that status by naturalization, or if he acquired it by enrolment when he was (or for those purposes was to be treated as being) a citizen of the Federation by naturalization, and references in those Articles to the registration or naturalization of a citizen shall be construed accordingly.". 

2. Clauses (4) and (5) were added by Act 26/1963, section 30, in force from 16-9-1963.

3. The words "or with Singapore" which appeared after "a Borneo State" and the words "or, as the case may be, in the State of Singapore," which appeared after "the Borneo States" were deleted by Act 59/1966, section 2, in force from 9-8-1965.

4. The words "the State of Sabah or Sarawak" substituted for "a Borneo State" appearing in Clause (4) by Act A514, section 19, in force from 27-8-1976.

5. The words "the States of Sabah and Sarawak" substituted for "the Borneo States" appearing in Clauses (4) and (5) by Act A354, section 43, in force from 27-8-1976.

Clause (6):See 2nd Schedule Pt. III, section 4(2).

Clause (7):See 2nd Schedule Part III, section 4(2).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/29.Commonwealth citizenship

Part III CITIZENSHIP

Chapter Chapter 3 Supplemental

29. Commonwealth citizenship

(1) In accordance with the position of the Federation within the Commonwealth, every person who is a citizen of the Federation enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.

(2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/30.Certificates of citizenship

30. Certificates of citizenship

(1) The Federal Government may, on the application of any person with respect to whose citizenship a doubt exists, whether of fact or of law, certify that that person is a citizen.

(2) A certificate issued under Clause (1) shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that the person to whom it relates was a citizen on the date of the certificate, but without prejudice to any evidence that he was a citizen at an earlier date.

(3) For the purpose of determining whether a person was born a citizen of the Federation, any question whether he was born a citizen of another country shall be decided by the Federal Government, whose certificate thereon (unless proved to have been obtained by means of fraud, false representation or concealment of a material fact) shall be conclusive.

(4) (Repealed).

EXPLANATORY NOTES:

Article 30:

1. Act 10/1960, paragraph 2(a), in force from 1-12-1960, substituted the words "Federal Government" for "registration authority" in Clause (1). Act 26/1963, subsection 24(3), in force from 16-9-1963, added Clauses (3) and (4) and amended Clause (2) by substituting the words "Clause (1)" for "this Article". Act 59/1966, section 2, in force from 9-8-1965, deleted the words "and this Clause shall apply to questions arising under the Constitution of the State of Singapore as well as to questions arising under this Constitution" which appeared at the end of Clause (3) and repealed Clause (4) which read as follows:

"(4) Any certificate issued under Clause (1) may state that the person to whom it relates is or is not a Singapore citizen, and Clause (2) shall apply accordingly; and if the Constitution of the State of Singapore provides for the government of the State to issue certificates of Singapore citizenship. Clause (2) shall apply in relation to a certificate issued under that provision as it applies to a certificate issued under Clause (1).".

2. See 2nd Schedule Pt. III, section 16(2)(c).

Clause (1):See 2nd Schedule Pt. III, section 10(1)(c).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/30a.Omitted or Deleted Section

30a. Omitted or Deleted Section

(Repealed).

EXPLANATORY NOTES:

Article 30a:

This Article which read as follows was inserted by Act 26/1963, section 31, in force from 16-9-1963, and repealed by Act 59/1966, section 2, in force from 9-8-1965:

"30a. (1) Notwithstanding anything in Article 47, a Singapore citizen is not qualified to be an elected member of either House of Parliament except as a member for or from Singapore; and a citizen who is not a Singapore citizen is not qualified to be a member of either House for or from Singapore.

(2) A Singapore citizen shall not be qualified to be an elected member of the Legislative Assembly of any State other than Singapore, and a citizen who is not a Singapore citizen shall not be qualified to be a member of the Legislative Assembly of Singapore.

(3) Notwithstanding anything in Article 119, a citizen is not entitled to vote in a constituency in any election to the House of Representatives or a Legislative Assembly if--

(a) the constituency is not in the State of Singapore and he is on the qualifying date (as defined in that Article) a Singapore citizen; or

(b) if the constituency is in the State of Singapore and he is not on that date a Singapore citizen. 

(4) Any election of a person to either House of Parliament or to a Legislative Assembly contrary to Clause (1) or (2) shall be void; and if a member of either House or of a Legislative Assembly (not being an appointed member) changes his status as being or not being a Singapore citizen, his seat shall become vacant.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/30b.Omitted or Deleted Section

30b. Omitted or Deleted Section

(Repealed).

EXPLANATORY NOTES:

Article 30b:

This Article which read as follows was inserted by Act 26/1963, section 32, in force from 16-9-1963, and repealed by Act 59/1966, section 2, in force from 9-8-1965:

"30b. (1) Where under this Constitution a person becomes a Singapore citizen by naturalization, or is enrolled as a citizen who is not a Singapore citizen, or being a Singapore citizen renounces or is deprived of his citizenship, or where a certificate of citizenship or other certificate is issued under Article 30 in relation to citizenship of Singapore, the Federal Government shall notify the government of Singapore of that fact.

(2) Where under the Constitution of the State of Singapore a person becomes a Singapore citizen by registration, or is enrolled as a Singapore citizen, or is deprived of his citizenship, or where a certificate of citizenship is issued under that Constitution, the government of Singapore shall notify the Federal Government of that fact.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/31.Application of Second Schedule

31. Application of Second Schedule

Until Parliament otherwise provides, the supplementary provisions contained in Part III of the Second Schedule shall have effect for the purposes of this Part.

EXPLANATORY NOTES:

Article 31:

Amended by Act 26/1963, paragraph 24(1)(b), in force from 16-9-1963, by inserting the words "Part III of" before "the Second Schedule".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/32.Supreme Head of the Federation, and his Consort

Part IV THE FEDERATION

Chapter Chapter 1 The Supreme Head

32. Supreme Head of the Federation, and his Consort

(1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court except in the Special Court established under Part XV.

(2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.

(3) The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.

(4) The provisions of Parts I and III of the Third Schedule shall apply to the election and removal of the Yang di-Pertuan Agong.

EXPLANATORY NOTES:

Article 32(1):

The words "except in the Special Court established under Part XV" inserted after the word "court" by Act A848, section 2, in force from 30-3-1993.

Article 32(2):

The words "to be called" substituted for "who shall be known as" by Act A354, section 9, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/33.Deputy Supreme Head of the Federation

33. Deputy Supreme Head of the Federation

(1) There shall be a Deputy Supreme Head of the Federation (to be called the Timbalan Yang di-Pertuan Agong) who shall exercise the functions and have the privileges of the Yang di-Pertuan Agong during any vacancy in the office of the Yang di-Pertuan Agong and during any period during which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause, but the Timbalan Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days, unless the Timbalan Yang di-Pertuan Agong is satisfied that it is necessary or expedient to exercise such functions.

(2) The Timbalan Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, or if elected during the term for which the Yang di-Pertuan Agong was elected, for the remainder of that term, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers and shall cease to hold office on ceasing to be a Ruler.

(3) If during the term for which the Timbalan Yang di-Pertuan Agong was elected a vacancy occurs in the office of the Yang di-Pertuan Agong his term shall expire on the cessation of the vacancy.

(4) The provisions of Part II of the Third Schedule shall apply to the election of the Timbalan Yang di-Pertuan Agong.

(5) Parliament may by law^* provide for the exercise by a Ruler of the functions of the Yang di-Pertuan Agong in cases where those functions would under Clause (1) fall to be exercised by the Timbalan Yang di-Pertuan Agong but cannot be so exercised owing to a vacancy in the office of the Timbalan Yang di-Pertuan Agong or to his illness, absence from the Federation or to any other cause; but such a law shall not be passed without the consent of the Conference of Rulers.

EXPLANATORY NOTES:

Article 33:

Clause (1): The words "to be called" substituted for "to be known as", and the words "but the Timbalan Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days, unless the Timbalan Yang di-Pertuan Agong is satisfied that it is necessary or expedient to exercise such functions" substituted for "but the Deputy Supreme Head shall not exercise those functions during any absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days" by Act A354, section 10, in force from 27-8-1976.

Clause (2): The words "Timbalan Yang di-Pertuan Agong" substituted for "Deputy Supreme Head" by Act A354, section 11, in force from 27-8-1976.

Clause (3): The words "Timbalan Yang di-Pertuan Agong" substituted for "Deputy Supreme Head of the Federation" by Act A354, section 11, in force from 27-8-1976.

Clause 5:See:(a) Article 37(4).

(b) Yang di-Pertuan Agong (Exercise of Functions) Act 1957 [Act 373].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/33a.Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence

33a. Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence

(1) Where the Yang di-Pertuan Agong is charged with an offence under any law in the Special Court established under Part XV he shall cease to exercise the functions of the Yang di-Pertuan Agong.

(2) The period during which the Yang di-Pertuan Agong ceases, under Clause (1), to exercise the functions of the Yang di-Pertuan Agong shall be deemed to be part of the term of office of the Yang di-Pertuan Agong provided for in Clause (3) of Article 32.

EXPLANATORY NOTES:

Article 33a:

This Article was added by Act A848, section 2a, in force from 30-3-1993.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/34.Disabilities of Yang di-Pertuan Agong, etc.

34. Disabilities of Yang di-Pertuan Agong, etc.

(1) The Yang di-Pertuan Agong shall not exercise his functions as Ruler of his State except those of Head of the religion of Islam.

(2) The Yang di-Pertuan Agong shall not hold any appointment carrying any remuneration.

(3) The Yang di-Pertuan Agong shall not actively engage in any commercial enterprise.

(4) The Yang di-Pertuan Agong shall not receive any emoluments of any kind whatever payable or accruing to him as the Ruler of his State under the provisions of the Constitution of that State or of any State law.

(5) The Yang di-Pertuan Agong shall not, without the consent of the Conference of Rulers, be absent from the Federation for more than fifteen days, except on a State visit to another country.

(6) Clauses (2) and (3) shall also apply to the Raja Permaisuri Agong.

(7) Where the Timbalan Yang di-Pertuan Agong or any other person authorized by law exercises the functions of the Yang di-Pertuan Agong for a period exceeding fifteen days Clauses (1) to (5) shall apply to him during that period as they apply to the Yang di-Pertuan Agong.

(8) Nothing in Clause (1) shall prevent the Yang di-Pertuan Agong exercising as Ruler of his State any power vested in him either alone or in conjunction with any other authority--

(a) to amend the Constitution of the State; or

(b) to appoint a Regent or member of a Council of Regency in the place of any Regent or member, as the case may be, who has died or has become incapable for any reason of performing the duties of the office of Regent or member of the Council of Regency respectively. 

EXPLANATORY NOTES:

Article 34:

Clause (1): The words "religion of Islam" substituted for "Muslim religion" by Act A354, section 45, in force from 27-8-1976.

Clause (2): The words "appointment carrying any remuneration" substituted for "office of profit" by Act A354, section 12, in force from 27-8-1976.

Article 34(6):

The present Clause (6) was substituted by Act A354, section 12, in force from 27-8-1976 and replaced the earlier Clause which read as follows:

"(6) The Raja Permaisuri Agong shall not hold any office under the Federation or any States.".

Article 34(7):

The words "Timbalan Yang di-Pertuan Agong" substituted for "Deputy Supreme Head of the Federation" by Act A354, section 11, in force from 27-8-1976.

Article 34(8):

This Clause was inserted by Act 10/1960 which Clause came into force from 11-9-1960 [section 3(2)]. It replaces the earlier Clause added by F.M. Ordinance 42/1958, in force from 5-12-1958, which read as follows:

"(8) Nothing in Clause (1) shall prevent the Yang di-Pertuan Agong exercising as Ruler of his State any power vested in him either alone or in conjunction with any other authority--

(a) to amend the Constitution of the State for the purpose of--

(i) incorporating therein all or any of the essential provisions referred to in Clause (4) of Article 71, or provision substantially to the same effect;

(ii) removing from the Constitution of the State any provisions inconsistent with such essential provisions; or

(iii) bringing about a satisfactory transition to the constitutional arrangements contemplated by such essential provisions; or

(b) to appoint a Regent or member of a Council of Regency in the place of any Regent or members, as the case may be, who has died or has become incapable for any reasons of performing the duties of the office of Regent or member of the Council of Regency respectively.". 

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/35.Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong

35. Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong

(1) Parliament shall by law^* provide a Civil List of the Yang di-Pertuan Agong which shall include provision for an annuity to be paid to the Raja Permaisuri Agong, and shall be charged on the Consolidated Fund and shall not be diminished during the Yang di-Pertuan Agong's continuance in office.

(2) Parliament shall by law^** make provision for the remuneration of the Timbalan Yang di-Pertuan Agong or any other person authorized by law to exercise the functions of the Yang di-Pertuan Agong during any period during which he exercises those functions and the remuneration for which provision is made in pursuance of this Clause shall be charged on the Consolidated Fund.

EXPLANATORY NOTES:

Article 35(1):

The words "which shall include provision for an annuity to be paid to the Raja Permaisuri Agong, and" were substituted for "and a Civil List of the Raja Permaisuri Agong and those Civil Lists" by Act 14/1962, section 12, in force from 21-6-1962.

Article 35(2):

1. The words "and the remuneration for which provision is made in pursuance of this Clause shall be charged on the Consolidated Fund" at the end of the Clause were added by Act 19/1964, subsection 4(1), in force from 1-1-1965.

2. The words "Timbalan Yang di-Pertuan Agong" substituted for "Deputy Supreme Head" and "Deputy Supreme Head of the Federation" by Act A354, section 11, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/36.Public Seal

36. Public Seal

The Yang di-Pertuan Agong shall keep and use the Public Seal of the Federation?.^?

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/37.Oath of office of Yang di-Pertuan Agong

37. Oath of office of Yang di-Pertuan Agong

(1) The Yang di-Pertuan Agong shall before exercising his functions take and subscribe before the Conference of Rulers and in the presence of the Chief Justice of the Federal Court (or in his absence the next senior judge of the Federal Court available) the oath of office set out in Part I of the Fourth Schedule; and the oath shall be attested by two persons appointed for the purpose by the Conference of Rulers.

(2) The Timbalan Yang di-Pertuan Agong shall before exercising his functions, other than the functions exercisable for the purpose of convening the Conference of Rulers, take and subscribe before the Conference of Rulers and in the presence of the Chief Justice of the Federal Court (or in his absence the next senior judge of the Federal Court available) the oath of office set out in Part II of the Fourth Schedule.

(3) The said oaths, translated into English, are set out in Part III of the Fourth Schedule.

(4) Any law made under Clause (5) of Article 33 shall make provision corresponding (with the necessary modifications) to Clause (2).

EXPLANATORY NOTES:

Article 37:

1. The words "Lord President of the Federal Court" and "Federal Court" which appear in Clauses (1) and (2) were substituted for "Chief Justice of the Federation" and "Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963.

2. Subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

3. The words "Federal" and "Chief Justice of the Federal Court" substituted for "Supreme" and "Lord President of the Supreme Court" by Act A885, section 3, in force from 24-6-1994.

Article 37(2):

The words "Timbalan Yang di-Pertuan Agong" were substituted for "Deputy Supreme Head of the Federation" by Act A354, section 11, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/38.Conference of Rulers

Part IV THE FEDERATION

Chapter Chapter 2 The Conference of Rulers

38. Conference of Rulers

(1) There shall be a Majlis Raja-Raja (Conference of Rulers), which shall be constituted in accordance with the Fifth Schedule.

(2) The Conference of Rulers shall exercise its functions of--

(a) electing, in accordance with the provisions of the Third Schedule, the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong;

(b) agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;

(c) consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference;

(d) appointing members of the Special Court under Clause (1) of Article 182;

(e) granting pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under Clause (12) of Article 42, and may deliberate on questions of national policy (for example changes in immigration policy) and any other matter that it thinks fit.

(3) When the Conference deliberates on matters of national policy the Yang di-Pertuan Agong shall be accompanied by the Prime Minister, and the other Rulers and the Yang di-Pertua-Yang di-Pertua Negeri by their Menteri-Menteri Besar or Chief Ministers; and the deliberations shall be among the functions exercised, by the Yang di-Pertuan Agong in accordance with the ?advice of the Cabinet, and by the other Rulers and the Yang di-Pertua-Yang di-Pertua Negeri in accordance with the advice of their Executive Councils.

(4) No law directly affecting the privileges, position, honours or dignities of the Rulers shall be passed without the consent of the Conference of Rulers.

(5) The Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made.

(6) The members of the Conference of Rulers may act in their discretion in any proceedings relating to the following functions, that is to say:

(a) the election or removal from office of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong;

(b) the advising on any appointment;

(c) the giving or withholding of consent to any law altering the boundaries of a State or affecting the privileges, position, honours or dignities of the Rulers;

(d) the agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;

(e) the appointment of members of the Special Court under Clause (1) of Article 182; or

(f) the granting of pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under Clause (12) of Article 42. 

(7) (Repealed).

EXPLANATORY NOTES:

Article 38(2)(a):

The words "Timbalan Yang di-Pertuan Agong" substituted for "Deputy Supreme Head of the Federation" by Act A354, section 11, in force from 27-8-1976.

Article 38(2)(d) & (e) :

Added by Act A848, section 3, in force from 30-3-1993.

Article 38(3):

The words "Yang di-Pertua-Yang di-Pertua Negeri" substituted for "Governors" by Act A514, section 19, in force from 27-8-1976.

Article 38(6):

The words "Timbalan Yang di-Pertuan Agong" substituted for "Deputy Supreme Head of the Federation" by Act A354, section 11, in force from 27-8-1976.

Article 38(6)(e) & (f) :

Added by Act A848, section 3, in force from 30-3-1993.

Article 38(7):

1. This Clause which was inserted by Act 26/1963, subsection 7(3), in force from 16-9-1963, and repealed by Act A354, section 13, in force from 27-8-1976, read as follows:

"(7) The function of the Conference of Rulers of agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole shall not extend to Sabah or Sarawak, and accordingly those States shall be treated as excluded from the references in Clause (2) of Article 3 and in this Article to the Federation as a whole.".

2. See Article 159(5).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/39.Executive authority of Federation

Part IV THE FEDERATION

Chapter Chapter 3 The Executive

39. Executive authority of Federation

The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable, subject to the provisions of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet, but Parliament may by law confer executive functions on other persons.

EXPLANATORY NOTES:

Article 39:

The words "and exercisable, subject to the provisions of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet" which appear after "the Yang di-Pertuan Agong" were inserted by Act 14/1962, section 13, in force from 31-8-1957.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/40.Yang di-Pertuan Agong to act on advice

40. Yang di-Pertuan Agong to act on advice

(1) In the exercise of his functions under this Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.

(1a) In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with such advice.

(2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say:

(a) the appointment of a Prime Minister;

(b) the withholding of consent to a request for the dissolution of Parliament;

(c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such a meeting, and in any other case mentioned in this Constitution.

(3) Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or body of persons other than the Cabinet in the exercise of any of his functions other than--

(a) functions exercisable in his discretion;

(b) functions with respect to the exercise of which provision is made in any other Article. 

EXPLANATORY NOTES:

Article 40:

1. See Article 153(2).

2. Clause (3):See Article 42(4)(a).

3. Clause (1a) added by Act A885, section 4, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/41.Supreme command of armed forces

41. Supreme command of armed forces

The Yang di-Pertuan Agong shall be the Supreme Commander of the armed forces of the Federation.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/42.Power of pardon, etc.

42. Power of pardon, etc.

(1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.

(2) Subject to Clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.

(3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya, as the case may be, shall each be regarded as a State.

(4) The powers mentioned in this Article--

(a) are, so far as they are exercisable by the Yang di-Pertuan Agong, among functions with respect to which federal law may make provision under Clause (3) of Article 40;

(b) shall so far as they are exercisable by the Ruler or Yang di-Pertua Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5). 

(5) The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.

(6) The members of a Pardons Board appointed by the Ruler or Yang di-Pertua Negeri shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the Board.

(7) A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang di-Pertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member.

(8) The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it.

(9) Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon.

(10) Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur, Labuan and Putrajaya shall be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.

(11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di-Pertua Negeri" shall be construed as reference to the Yang di-Pertuan Agong and reference to "Chief Minister of the State" shall be construed as reference to the Minister responsible for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

(12) Notwithstanding anything contained in this Constitution, where the powers mentioned in this Article--

(a) are exercisable by the Yang di-Pertua Negeri of a State and are to be exercised in respect of himself or his wife, son or daughter, such powers shall be exercised by the Yang di-Pertuan Agong acting on the advice of the Pardons Board constituted for that State under this Article and which shall be presided over by him;

(b) are to be exercised in respect of the Yang di-Pertuan Agong, the Ruler of a State, or his Consort, as the case may be, such powers shall be exercised by the Conference of Rulers and the following provisions shall apply:

(i) when attending any proceedings under this Clause, the Yang di-Pertuan Agong shall not be accompanied by the Prime Minister and the other Rulers shall not be accompanied by their Menteri-Menteri Besar;

(ii) before arriving at its decision on any matter under this Clause, the Conference of Rulers shall consider any written opinion which the Attorney General may have delivered thereon;

(c) are to be exercised by the Yang di-Pertuan Agong or the Ruler of a State in respect of his son or daughter, as the case may be, such powers shall be exercised by the Ruler of a State nominated by the Conference of Rulers who shall act in accordance with the advice of the relevant Pardons Board constituted under this Article. 

(13) For the purpose of paragraphs (b) and(c) of Clause (12), the Yang di-Pertuan Agong or the Ruler of the State concerned, as the case may be, and the Yang di-Pertua-Yang di-Pertua Negeri shall not be members of the Conference of Rulers.

EXPLANATORY NOTES:

Articles 42(1), (2) & (10):

1. The words "Territories of Kuala Lumpur and Labuan" were substituted for the word "Territory" by Act A585, paragraph 12(a), in force from 16-4-1984.

2. Subsequently, the words "Kuala Lumpur, Labuan and Putrajaya" were substituted for "Kuala Lumpur and Labuan" by Act A1095, paragraph 14(a), in force from 1-2-2001.

Article 42(1):

The words "and all offences committed in the Federal Territory" which appear after "court-martial" were inserted by Act A206, Schedule, in force from 1-2-1974. The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

Article 42(2):

1. The words "or by a civil court exercising jurisdiction in the Federal Territory" which appear after "court-martial" were inserted by Act A206, Schedule, in force from 1-2-1974. The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

2. The words "and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services," inserted after "Subject to Clause (10)," by Act A514, section 2, in force from 15-5-1981. Act A514, subsection 2(2), read as follows:

"(2) Any remission for good conduct or special services authorized by federal law and granted before the commencement of this Act shall be deemed to have been validly granted.".

3. See note under Article 42(10).

Article 42(3):

1. The words "For the purpose of this Clause the Federal Territory shall be regarded as a State." inserted at the end of the Clause by Act A206, Schedule, in force from 1-2-1974.

2. The words "the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan, as the case may be, shall each be regarded as a State" were substituted for the words "the Federal Territory shall be regarded as a State" by Act A585, paragraph 12(b), in force from 16-4-1984.

3. Subsequently, the words "Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya" were substituted for 'Federal Territory of Kuala Lumpur or the Federal Territory of Labuan" by Act A1095, paragraph 14(b), in force from 1-2-2001.

Articles 42(4), (5), (6), (7) & (8):

The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

Article 42(7):

The words "by the Ruler or Governor" were inserted by Act 26/1963, section 70, in force from 16-9-1963.

Article 42(10):

Added by Act 10/1960, section 4, in force from 31-5-1960, which also amended Clause (2) by inserting the words "Subject to Clause (10)," at the commencement of the Clause. Act 26/1963, subsection 7(2), in force from 16-9-1963, substituted the words "Penang or Singapore" for "or Penang". Act 59/1966, section 2, in force from 9-8-1965, restored the original version "or Penang". The words "or the Federal Territory" inserted after "Malacca or Penang" by Act A206, Schedule, in force from 1-2-1974, and the words "Islamic religious affairs" substituted for "Muslim religious affairs" and "religion of Islam" for "Muslim religion" by Act A354, section 45, in force from 27-8-1976.

Article 42(11): 1. Added by Act A206, Schedule, in force from 1-2-1974, amended by Act A354, section 42, in force from 27-8-1976, by substituting "Yang di-Pertua Negeri" for "Governor'. This Clause as substituted by Act A585, paragraph 12(c), in force from 16-4-1984, read as follows:

"(11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan and the provisions of Clauses (5), (6), (7), (8) and (9) of this Article shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di-Pertua Negeri" shall be construed as reference to the Yang di-Pertuan Agong and reference to "Chief Minister of the State" shall be construed as reference to the Minister responsible for the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan.".

2. Subsequently, the words "Federal Territories of Kuala Lumpur, Labuan and Putrajaya" were substituted for 'Federal Territory of Kuala Lumpur and the Federal Territory of Labuan" wherever they appear by Act A1095, paragraph 14(c), in force from 1-2-2001.

Article 42(12) & (13):

Added by Act A848, section 4, in force from 30-3-1993.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/43.Cabinet

43. Cabinet

(1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.

(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and

(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Representatives, and in any other case he is a member either of that House or of the Senate.

(3) The Cabinet shall be collectively responsible to Parliament.

(4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.

(5) Subject to Clause (4), Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign his office.

(6) Before a Minister exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule.

(7) Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under Article 17 shall not be appointed Prime Minister.

(8) (Repealed).

(9) Parliament shall by law make provision for the remuneration of members of the Cabinet.

EXPLANATORY NOTES:

Article 43:

See Article 57(1a).

Clause (5):

1. The words "unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister," were inserted by Act 10/1960, section 5, in force from 31-5-1960.

2. See Article 43a(3).

Clauses (6) and (8):See Article 43a(3).

Clause (8) repealed by Act A857, section 2, in force from 20-8-1993.

Clause (9):See Members of Parliament (Remuneration) Act 1980 [Act237].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/43a.Deputy Ministers

43a. Deputy Ministers

(1) The Yang di-Pertuan Agong may on the advice of the Prime Minister appoint Deputy Ministers from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.

(2) Deputy Ministers shall assist Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers.

(3) The provisions of Clauses (5) and (6) of Article 43 shall apply to Deputy Ministers as they apply to Ministers.

(4) Parliament shall by law make provision for the remuneration of Deputy Ministers.

EXPLANATORY NOTES:

Article 43a:

1. Added by Act 10/1960, section 6, in force from 31-5-1960.

2. See Article 57(1a).

3. Clauses (1), (2), (3) and (4): The words "Deputy Ministers" substituted for "Assistant Ministers" by Act A31, section 10, in force from 24-3-1971.

4. Clause (2): The words ", and for such purpose shall have all the powers of Ministers" which appear after the word "functions" were inserted by Act A566, section 3, in force from 16-12-1983.

5. Clause (3): The words "Clauses (5) and (6)" substituted for the words "Clauses (5), (6) and (8)" by Act A885, section 5, in force from 24-6-1994.

Article 43a(4):

See Members of Parliament (Remuneration) Act 1980 [Act 237].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/43b.Parliamentary Secretaries

43b. Parliamentary Secretaries

(1) The Prime Minister may appoint Parliamentary Secretaries from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved, a person who was a member of the last House of Representatives may be appointed, but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.

(2) Parliamentary Secretaries shall assist Ministers and Deputy Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers and Deputy Ministers.

(3) A Parliamentary Secretary may at any time resign his office, and his appointment as such may be determined at any time by the Prime Minister.

(4) Before a Parliamentary Secretary exercises the functions of his office he shall take and subscribe in the presence of the Prime Minister the oath of secrecy set out in the Sixth Schedule.

(5) Parliament shall by law make provision for the remuneration of Parliamentary Secretaries.

EXPLANATORY NOTES:

Article 43b:

1. Added by Act 19/1964, subsection 5(1), in force from 16-9-1963.

2. See Article 57(1a).

3. Clause (2):

(a) The words "Deputy Ministers" substituted for "Assistant Ministers" by Act A31, section 10, in force from 24-3-1971.

(b) The words ", and for such purpose shall have all the powers of Ministers and Deputy Ministers" which appear after the word "functions" were inserted by Act A566, section 4, in force from 16-12-1983.

4. Clause (4):See Article 43c(3).

5. Clause (5):See Members of Parliament (Remuneration) Act 1980 [Act237].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/43c.Political Secretaries

43c. Political Secretaries

(1) The Prime Minister may appoint such number of persons as he may think fit to be Political Secretaries.

(2) A person appointed as a Political Secretary by virtue of this Article--

(a) need not be a member of either House of Parliament;

(b) may resign his office at any time;

(c) subject to paragraph (b), shall continue in office until such time as his appointment is determined by the Prime Minister. 

(3) The provisions of Clause (4) of Article 43B shall apply to Political Secretaries as they apply to Parliamentary Secretaries.

(4) The duties and functions of Political Secretaries, and their remuneration, shall be determined by the Cabinet.

EXPLANATORY NOTES:

Article 43c:

Added by Act 19/1964, subsection 5(1), in force from 16-9-1963.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/44.Constitution of Parliament

Part IV THE FEDERATION

Chapter Chapter 4 Federal Legislature

44. Constitution of Parliament

The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/45.Composition of Senate

45. Composition of Senate

(1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:

(a) two members for each State shall be elected in accordance with the Seventh Schedule; and

(aa) two members for the Federal Territory of Kuala Lumpur, one member for the Federal Territory of Labuan and one member for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong; and

(b) forty members shall be appointed by the Yang di-Pertuan Agong. 

(2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.

(3) The term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.

(3a) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:

Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.

(4) Parliament may by law--

(a) increase to three the number of members to be elected for each State;

(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;

(c) decrease the number of appointed members or abolish appointed members. 

EXPLANATORY NOTES:

Article 45(1)(aa):

This paragraph was inserted by Act A442, section 2, in force from 31-12-1978, subsequently it was substituted by Act A585, section 12, in force from 16-4-1984 and again by Act A1095, section 15, in force from 1-2-2001 to enable one member of the Senate to be appointed to represent the Federal Territory of Putrajaya. The original paragraph (aa) read as follows:

"(aa) two members for the Federal Territory shall be appointed by the Yang di-Pertuan Agong; and".

Article 45(1)(b):

Originally this paragraph provided for 16 members to be appointed by the Yang di-Pertuan Agong. Act 26/1963, section 8, in force from 16-9-1963, amended this to 22. Act 19/1964, section 6, in force from 30-7-1964, further amended it to 32; and subsequently amended by substituting "forty" for "thirty two" by Act A442, section 2, in force from 31-12-1978.

Article 45(3):

Amended by Act A442, section 2, in force from 31-12-1978, by substituting "three" for "six". Subsequently this Clause was amended again by Act A1130, section 4, in force from 28-9-2001, by deleting the words ", subject to the provisions of the Seventh Schedule,".

Article 45(3a):

Added by Act A514, section 3, in force from 15-5-1981.

Article 45(4):

See Article 120.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/46.Composition of House of Representatives

46. Composition of House of Representatives

(1) The House of Representatives shall consist of two hundred and twenty-two elected members.

(2) There shall be--

(a) two hundred and nine members from the States in Malaysia as follows:

(i) twenty-six members from Johore;

(ii) fifteen members from Kedah;

(iii) fourteen members from Kelantan;

(iv) six members from Malacca;

(v) eight members from Negeri Sembilan;

(vi) fourteen members from Pahang;

(vii) thirteen members from Penang;

(viii) twenty-four members from Perak;

(ix) three members from Perlis;

(x) twenty-five members from Sabah;

(xi) thirty-one members from Sarawak;

(xii) twenty-two members from Selangor; and

(xiii) eight members from Terengganu; and

(b) thirteen members from the Federal Territories of Kuala Lumpur, Labuan and Putrajaya as follows:

(i) eleven members from the Federal Territory of Kuala Lumpur;

(ii) one member from the Federal Territory of Labuan;

(iii) one member from the Federal Territory of Putrajaya.

EXPLANATORY NOTES:

Article 46:

1. This Article as it stood on Merdeka Day read as follows:

"46. (1) The House of Representatives shall consist of one hundred elected members except that the first House of Representatives shall consist of one hundred and four.

(2) After the completion of the first census to be taken after Merdeka Day Parliament may by law alter the number of members of the House of Representatives".

2. This Article was amended by Act 14/1962, section 14, in force from 21-6-1962, by substituting "one hundred and four elected members" for "one hundred elected members except that the first House of Representatives shall consist of one hundred and four" in Clause (1), and repealed Clause (2).

3. This Article was substituted by Act 26/1963, section 9, in force from 16-9-1963 which read as follows:

"46. (1) The House of Representatives shall consist of one hundred and fifty-nine elected members.

(2) There shall be--

(a) one hundred and four members from the States of Malaya;

(b) sixteen members from Sabah;

(c) twenty-four members from Sarawak;

(d) fifteen members from Singapore." 

4. This Article was amended by Act 59/1966, section 2, in force from 9-8-1965, by substituting "forty-four" for "fifty-nine" in Clause (1), and repealed paragraph (d) of Clause (2).

5. This Article was again amended by Act A206, section 12, in force from 23-8-1973, by the substitution of the whole Article which read as follows:

"46. (1) T he House of Representatives shall consist of one hundred and fifty-four elected members.

(2) There shall be--

(a) one hundred and forty-nine members from the States in Malaysia as follows:

(i) sixteen members from Johore;

(ii) thirteen members from Kedah;

(iii) twelve members from Kelantan;

(iv) four members from Malacca;

(v) six members from Negeri Sembilan;

(vi) eight members from Pahang;

(vii) nine members from Penang;

(viii) twenty-one members from Perak;

(ix) two members from Perlis;

(x) sixteen members from Sabah;

(xi) twenty-four members from Sarawak;

(xii) eleven members from Selangor;

(xiii) seven members from Terengganu; and

(b) five members from the Federal Territory." 

6. The present Article was substituted by Act A566, section 5, in force from 16-12-1983 and amended by Act A585, paragraph 14(b), in force from 16-4-1984. However, the substitution and amendment shall not affect the composition of the House of Representatives or any elections to that House until the dissolution of Parliament occurring on or after 31-12-1984. (See P.U. (A) 475 and 476/1984.)

7. Clause (1): Amended by Act A631, section 2, in force from 24-2-1986, by substituting the word "eighty" for "seventy-seven".

Clause (2): Amended by Act A631, section 2, in force from 24-2-1986, by substituting the word "seventy-two" for "sixty-nine" in paragraph (a) and the word "twenty-seven" for "twenty-four" in subparagraph (xi) of paragraph (a).

8. This Article, as amended, shall not affect the composition of the House of Representatives or any election to that House until the dissolution of Parliament. See Article 57(1a).

9. Clause (1): Amended by Act A837, section 2, in force from 20-11-1992, by substituting for the word "eighty" the word "ninety-two".

Clause (2): Amended by Act A837, section 2, in force from 20-11-1992--

(i) by substituting for the word "seventy-two" in paragraph (a) the word "eighty-one";

(ii) by substituting for the word "eighteen" in subparagraph (a)(i) the word "twenty";

(iii) by substituting for the word "fourteen" in subparagraph (a)(ii) the word "fifteen";

(iv) by substituting for the word "thirteen" in subparagraph (a)(iii) the word "fourteen";

(v) by substituting for the word "ten" in subparagraph (a) (vi) the word "eleven";

(vi) by substituting for the word "two" in subparagraph (a) (ix) the word "three";

(vii) by substituting for the word "fourteen" in subparagraph (a)(xii) the word "seventeen";

(viii) by substituting for the word "eight" in paragraph (b) the word "eleven"; and

(ix) by substituting for the word "seven" in subparagraph (b)(i) the word "ten". 

Note:

The above amendments shall not affect the composition of the House of Representatives or any election to that House until dissolution of Parliament occurring on or after the date of the coming into force of the Order made under section 12 of the Thirteenth Schedule--See section 4 of Act A837.

10. The present Article was again amended by Act A945, section 2, in force from 7-6-1996, to increase the composition of the House of Representatives from one hundred and ninety-two to one hundred and ninety-three, i.e. specifically increasing the composition of the members from the State of Sarawak from twenty-seven to twenty-eight.

Note:

However this amendment shall not affect the composition of the House of Representatives or any election to that House until the dissolution of Parliament occurring on or after the date of the coming into force of the Order made under section 12 of the Thirteenth Schedule to the Federal Constitution following the review undertaken pursuant to Clause (2) of Article 113 of the Federal Constitution and the said Thirteenth Schedule.

11. Clause (1): Amended by Act A1095, paragraph 16(a), in force from 1-2-2001, by substituting for the word "ninety-three" the word "ninety-four".

Clause (2): Amended by Act A1095, paragraph 16(b), in force from 1-2-2001, to enable one member of the House of Representatives to be elected to represent the Federal Territory of Putrajaya.

12. Clause (1): Amended by Act A1198, paragraph 2(a), in force from 15-8-03, by substituting for the words "one hundred and ninety-four" the words "two hundred and nineteen".

Clause (2): Amended by Act A1198, paragraph 2(b), in force from 15-8-03, by increasing the number of members of the House of Representatives consequent upon the delimitation of the Constituencies undertaken by the Election Commission from 8 August 2002 until 7 September 2002. The increase is as follows:

(a) six members from Johore;

(b) one member from Malacca;

(c) one member from Negeri Sembilan;

(d) three members from Pahang;

(e) two members from Penang;

(f) one member from Perak;

(g) five members from Sabah;

(h) five members from Selangor; and

(i) one member from the Federal Territory of Kuala Lumpur. 

13. Clause (1): Amended by Act A1260, paragraph 2(a), in force from 19-1-2006, by substituting for the words "two hundred and nineteen" the words "two hundred and twenty-two".

Clause (2): Amended by Act A1260, paragraph 2(b), in force from 19-1-2006, to increase the composition of the House of Representatives from two hundred and six to two hundred and nine i.e. specifically increasing the composition of the members from the Stae of Sarawak from twenty-eight to thirty-one.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/47.Qualifications for membership of Parliament

47. Qualifications for membership of Parliament

Every citizen resident in the Federation is qualified to be a member--

(a) of the Senate, if he is not less than thirty years old;

(b) of the House of Representatives, if he is not less than twenty-one years old, unless he is disqualified for being a member by this Constitution or by any law made in pursuance of Article 48.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/48.Disqualification for membership of Parliament

48. Disqualification for membership of Parliament

(1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if--

(a)he is and has been found or declared to be of unsound mind; or 

(b) he is an undischarged bankrupt; or

(c) he holds an office of profit; or

(d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or

(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or

(f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation. 

(2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either House of Parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.

(3) The disqualification of a person under paragraph (d) or paragraph(e) of Clause (1) may be removed by the Yang di-Pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person and a person shall not be disqualified under paragraph (f) of Clause (1) by reason only of anything done by him before he became a citizen.

(4) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2)--

(a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was--

(i) convicted and sentenced as specified in the aforesaid paragraph (e); or

(ii) convicted of an offence or proved guilty of an act under a federal law made in pursuance of Clause (2); or

(b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or

(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of. 

(5) Clause (4) shall not apply for the purpose of nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.

(6) A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.

EXPLANATORY NOTES:

Article 48:

1. See Article 47.

2. Clause (1):(a) Act 10/1960, section 7, in force from 31-5-1960, inserted the words "or to the Legislative Assembly of a State" in paragraph (d) and substituted the words "one year or to a fine of not less than two thousand dollars" for "two years" in paragraph (e). Act 26/1963, section 70, in force from 16-9-1963, inserted the words "(or, before Malaysia Day, in the territories comprised in a Borneo State or Singapore)" in paragraph (e).

(b) Act A514, section 19, in force from 27-8-1976, substituted "the State of Sabah or Sarawak" for "a Borneo State" in paragraph (e) and the word "ringgit" substituted for "dollars" by Act 160, section 2, in force from 29-8-1975.

(c) Act A354, section 15, in force from 27-8-1976, substituted the words "any country outside the Federation" for "a foreign country" in paragraph (f).

3. Clause (2):See Elections Offences Act 1954 [Act 5].

4. Clause (3): The words "or the date on which the fine mentioned in the said paragraph (e) was imposed on such person" were inserted by Act 10/1960, paragraph 7(c), in force from 31-5-1960.

5. Clauses (4) and (5): Added by Act A566, section 6, in force from 16-12-1983.

6. Clause (6): Added by Act A767, section 2, in force from 11-5-1990.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/49.Provisions against double membership

49. Provisions against double membership

A person shall not at the same time be a member of both Houses of Parliament, nor be elected to the House of Representatives for more than one constituency or to the Senate for more than one State, nor be both an elected and an appointed member of the Senate.

EXPLANATORY NOTES:

Article 49:

See Article 50(2).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/50.Effect of disqualification, and prohibition of nomination or appointment without consent

50. Effect of disqualification, and prohibition of nomination or appointment without consent

(1) If a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant.

(2) If a person disqualified for being a member of the House of Representatives is elected to that House or if a person disqualified for being a member of the Senate is elected or appointed to the Senate or if an election or appointment to either House is contrary to Article 49, the election or appointment shall be void.

(3) (Repealed).

(4) A person cannot be validly nominated for election to membership of either House or appointed to the Senate without his consent.

EXPLANATORY NOTES:

Article 50:

1. See Article 57(1a).

2. Clause (3): This Clause which read as follows, was repealed by Act 25/1963, subsection 3(1), in force from 29-8-1963:

"(3) If the election of any person would or might be void under Clause (2) his nomination for the election shall be void.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/51.Resignation of members

51. Resignation of members

A member of either House of Parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the President of the Senate, and if a member of the House of Representatives, to the Speaker of that House.

EXPLANATORY NOTES:

Article 51:

See Article 57(1a).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/52.Absence of a member

52. Absence of a member

(1) If a member of either House of Parliament is without the leave of the House absent from every sitting of the House for a period of six months the House may declare his seat vacant.

(2) A member of either House of Parliament who has been granted leave of absence from the sittings of the House of which he is a member shall not, for the duration of such leave, participate in any manner in the affairs and business of that House.

EXPLANATORY NOTES:

Article 52:

See Article 57(1a).

Article 52(2):

Added by Act A514, section 4, in force from 15-5-1981.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/53.Decisions as to disqualification

53. Decisions as to disqualification

(1) If any question arises whether a member of a House of Parliament has become disqualified for membership, the decision of that House shall be taken and shall be final:

Provided that this Article shall not be taken to prevent the practice of the House postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

(2) Where a member of either House of Parliament becomes disqualified under paragraph (e) of Clause (1) of Article 48 or under a federal law made in pursuance of Clause (2) of Article 48, Clause (1) shall not apply and he shall cease to be a member of that House, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (4) of Article 48.

EXPLANATORY NOTES:

Article 53:

1. Proviso added by Act 26/1963, subsection 11(1), in force from 16-9-1963.

2. Clause (1): Renumbered by Act A566, section 7, in force from 16-12-1983.

3. Clause (2): Inserted by Act A566, section 7, in force from 16-12-1983.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/54.Vacancies in Senate and casual vacancies

54. Vacancies in Senate and casual vacancies

(1) Save as provided under Clause (3) whenever there is a vacancy among members of the Senate or a casual vacancy among members of the House of Representatives such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the President of the Senate that there is a vacancy or by the Election Commission that there is a casual vacancy, as the case may be, and an election shall be held or an appointment made accordingly:

Provided that failure to make any such appointment within the period specified in this Clause shall not invalidate any appointment made out of time:

Provided further that, if a casual vacancy in the House of Representatives is established on a date within two years of the date Parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled unless the Speaker notifies the Election Commission in writing that the numerical strength of the party that constitutes a majority of all the members of the House of Representatives is being affected by such vacancy, in which event such vacancy shall be filled within sixty days from the date of the receipt of that notification.

(2) (Repealed).

(3) Where a vacancy among members of the Senate relates to a vacancy which shall be filled by a member who shall be elected by a State in accordance with the Seventh Schedule, the provisions of Clause (1) shall not apply to the filling of such vacancy.

EXPLANATORY NOTES:

Article 54:

1. The present Article was inserted by Act 59/1966, section 2, in force from 19-9-1966. The earlier Article as it stood at the date of repeal read as follows:

"54. Except where there is a vacancy among the members elected to the Senate by a State and the vacancy is to be filled in accordance with the provisions of the Seventh Schedule, whenever there is a vacancy among the members of the Senate or a casual vacancy among the members of the House of Representatives it shall be filled within sixty days from the date on which it is established that there is a vacancy, and an election shall be held or an appointment made accordingly.".

2. Clause (1):(a) Further proviso inserted by Act A1, section 2, in force from 18-11-1968. The words "Clause (3)" were substituted for the words "Clauses (2) and (3)" by Act A585, paragraph 21(a), in force from 14-4-1984.

(b) Amended by Act A354, section 16, in force from 27-8-1976, by inserting after "the date on which it is established" the words "by the Election Commission" and by Act A31, section 3, in force from 24-3-1971, by deleting in the first proviso after the words "out of time" the following:

"but in any such case the term of office of a member of the Senate so appointed shall be six years from the end of the period of sixty days from the date on which the existence of the vacancy which he was appointed to fill was established and not six years from the date of his appointment.".

(c) The words "by the President of the Senate that there is a vacancy or by the Election Commission that there is a casual vacancy, as the case may be" substituted for the words "by the Election Commission that there is a vacancy" by Act A857, paragraph 3(a), in force from 20-8-1993.

(d) The second proviso which read as follows was substituted by the present proviso by Act A857, paragraph 3(b), in force from 20-8-1993:

"Provided further, if a casual vacancy in the House of Representatives is established on a date within six months of the date Parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled."

3. Clause (2):(a) Amended by Act A354, section 16, in force from 27-8-1976, by inserting after "the date on which it is established" the words "by the Election Commission".

(b) This Clause which read as follows was deleted by Act A585, paragraph 21(b), in force from 14-4-1984:

"(2) Where a casual vacancy in the House of Representatives relates to a vacancy which shall be filled by a member from Sabah or Sarawak, such casual vacancy shall be filled within ninety days from the date on which it is established by the Election Commission that there is a vacancy and an election shall be held accordingly.".

4. See Articles 57(1a), 118a.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/55.Summoning, prorogation and dissolution of Parliament

55. Summoning, prorogation and dissolution of Parliament

(1) The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.

(2) The Yang di-Pertuan Agong may prorogue or dissolve Parliament.

(3) Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.

(4) Whenever Parliament is dissolved a general election shall be held within sixty days from the date of the dissolution and Parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date.

(5) A Bill pending in Parliament shall not lapse by reason of the prorogation of Parliament.

(6) (Repealed).

(7) A Bill pending the assent of the Yang di-Pertuan Agong under Clause (4) or Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.

EXPLANATORY NOTES:

Article 55(4):

See Article 118a.

1. Act 59/1966, section 2, in force from 19-9-1966, inserted the words "in the States of Malaya and ninety days in the Borneo States" and substituted the words "one hundred and twenty" for "ninety".

2. The words "the States of Sabah and Sarawak" substituted for "the Borneo States" by Act A354, section 43, and Act A514, section 19, both in force from 27-8-1976.

3. The words "in the States of Malaya and ninety days in the States of Sabah and Sarawak" were deleted by Act A585, paragraph 22(a), in force from 14-4-1984.

Articles 55(5), (6) & (7):

1. Added by Act A585, paragraph 22(b), in force from 14-4-1984.

2. Clause (6) repealed by Act A885, section 6, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/56.President and Deputy President of Senate

56. President and Deputy President of Senate

(1) The Senate shall from time to time choose one of its members to be Yang di-Pertua Dewan Negara (President of the Senate) and one to be Deputy President of the Senate, and shall, subject to Clause (3), transact no business while the office of President is vacant other than the election of a President.

(2) A member holding office as President or Deputy President shall cease to hold his office on the expiry of the term for which he was elected or appointed a member or on otherwise ceasing to be a member of the Senate, or upon being disqualified under Clause (5), and may at any time resign his office.

(3) During any vacancy in the office of President or during any absence of the President from any sitting, the Deputy President or, if the Deputy President is also absent or if his office is also vacant, such other member as may be determined by the rules of procedure of the Senate, shall act as President.

(4) If a member of the Legislative Assembly of a State is chosen to be President he shall resign from the Assembly before exercising the functions of his office.

(5) A member who is elected to be President or Deputy President shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(6) Where any question arises regarding the disqualification of the President or Deputy President under Clause (5) the decision of the Senate shall be taken and shall be final.

EXPLANATORY NOTES:

Article 56(1):

The words ", subject to Clause (3)," inserted after "and shall" by Act A514, section 5, in force from 15-5-1981.

Article 56(4):

Added by Act 10/1960, section 8, in force from 31-5-1960.

Article 56(5) & (6):

1. Added by Act A514, section 5, in force from 15-5-1981.

2. The words "or Deputy President" were deleted by Act A566, section 8, in force from 16-12-1983 but were again inserted by Act A1130, section 5, in force from 28-9-2001.

Note:

The amendments made in Clauses (5) and (6) of Article 56 by Act A566 shall apply only to a person elected Deputy President on or after 16-12-1983.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/57.Speaker and Deputy Speakers of the House of Representatives

57. Speaker and Deputy Speakers of the House of Representatives

(1) The House of Representatives shall from time to time elect--

(a) as Yang di-Pertua Dewan Rakyat (Speaker), a person who either is a member of the House or is qualified for election as such a member; and

(b) two Deputy Speakers from among members of the House, and the House shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.

(1a) Any person elected as Speaker who is not a member of the House of Representatives--

(a) shall, before he enters upon the duties of his office, take and subscribe before the House the oath of office and allegiance set out in the Sixth Schedule; and

(b) shall, by virtue of holding his office, be a member of the House additional to the members elected pursuant to Article 46: 

Provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43A, 43B, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the House.

(2) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office--

(a) when the House first meets after a general election;

(b) on his ceasing to be a member of the House otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1A), on his ceasing to be qualified to be a member;

(bb) upon being disqualified under Clause (5);

(c) if the House at any time so resolves. 

(2a) A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office--

(a) on his ceasing to be a member of the House;

(b) if the House at any time so resolves. 

(3) During any vacancy in the office of Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.

(4) If a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office.

(5) A person who is elected to be Speaker or a Deputy Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(6) Where any question arises regarding the disqualification of the Speaker or a Deputy Speaker under Clause (5) the decision of the House of Representatives shall be taken and shall be final.

EXPLANATORY NOTES:

Article 57:

1. Act 19/1964, subsection 7(1), in force from 30-7-1964, substituted Clauses (1), (1a), (2) and (2a) for Clauses (1) and (2). The earlier Clauses read as follows:

"57. (1) The House of Representatives shall from time to time choose one of its members to be Yang di-Pertua Dewan Rakyat (Speaker) and one to be Deputy Speaker, and shall transact no business while the office of Speaker is vacant other than the election of a Speaker.

(2) A member holding office as Speaker or Deputy shall vacate his office on ceasing to be a member of the House of Representatives and may at any time resign his office.".

2. Clause (1)(b): The present Clause was substituted by Act A566, paragraph 9(1)(a), in force from 16-12-1983. The earlier Clause as it stood at the date of repeal read as follows:

"(b) as Deputy Speaker, a person who is a member of the House;".

3. Clause (1a)(b):See Article 62(3).

Article 57(2):

Clause (2)(bb): Added by Act A514, section 4, in force from 15-5-1981.

Clause (2a): The word "A" was substituted for the word "The" by Act A566, paragraph 9(1)(b), in force from 16-12-1983.

Article 57(3):

1. The present Clause was substituted by Act A514, section 6, in force from 15-5-1981, and replaced the earlier Clause which read as follows:

"(3) During any absence of the Speaker from a sitting of the House of Representatives the Deputy Speaker or, if he is also absent, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.".

2. The words "one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant" were substituted for the words "the Deputy Speaker or, if the Deputy Speaker is also absent or if his office is also vacant" by Act A566, paragraph 9(1)(c), in force from 16-12-1983.

Article 57(4):

Added by Act 10/1960, section 9, in force from 31-5-1960.

Article 57(5) & (6):

1. Added by Act A514, section 6, in force from 15-5-1981. Clauses (2) and (2a): See note on previous page.

2. The words "or Deputy Speaker" were deleted by Act A566, paragraph 9(1)(d), in force from 16-12-1983 but were again inserted by Act A1130, section 6, in force from 28-9-2001.

Shoulder Note: The words "Deputy Speakers" were substituted for the words "Deputy Speaker" by Act A566, paragraph 9(1)(e), in force from 16-12-1983.

Note:

The amendments made in Clauses (5) and (6) of Article 57 by Act A566 shall apply only to a person elected as a Deputy Speaker of the House of Representatives on or after 16-12-1983.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/58.Remuneration of President, Deputy President, Speaker and Deputy Speakers

58. Remuneration of President, Deputy President, Speaker and Deputy Speakers

Parliament shall by law provide for the remuneration of the President and Deputy President of the Senate and the Speaker and Deputy Speakers of the House of Representatives, and the remuneration so provided for the President of the Senate and the Speaker of the House of Representative shall be charged on the Consolidated Fund.

EXPLANATORY NOTES:

Article 58:

1. See Members of Parliament (Remuneration) Act 1980 [Act 237].

2. The words "Deputy Speakers" were substituted for the words "Deputy Speaker" appearing in this Article and in the shoulder note thereto by Act A566, section 10, in force from 16-12-1983.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/59.Oaths by members

59. Oaths by members

(1) Every member of either House of Parliament shall before taking his seat take and subscribe before the person presiding in the House an oath in the form set out in the Sixth Schedule, but a member may before taking that oath take part in the election of a President of the Senate or Speaker of the House of Representatives.

(2) If a member has not taken his seat within six months from the date on which the House first sits after his election or such further time as the House may allow, his seat shall become vacant.

EXPLANATORY NOTES:

Article 59:

1. See Article 57(1a).

2. Clause 2: The word "six" was substituted for the word "three" by Act A566, section 11, in force from 16-12-1983.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/60.Address by the Yang di-Pertuan Agong

60. Address by the Yang di-Pertuan Agong

The Yang di-Pertuan Agong may address either House of Parliament or both Houses jointly.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/61.Special provisions as to Cabinet and Attorney General

61. Special provisions as to Cabinet and Attorney General

(1) In addition to his rights as a member of one of the Houses of Parliament every member of the Cabinet shall have the right to take part in the proceedings of the other House.

(2) Either House of Parliament may appoint as a member of any of its committees the Attorney General or any member of the Cabinet notwithstanding that he is not a member of that House.

(3) This Article does not authorize any person who is not a member of a House to vote in that House or any of its committees.

(4) In this Article "member of the Cabinet" includes a Deputy Minister and a Parliamentary Secretary.

EXPLANATORY NOTES:

Article 61(4):

1. Added by Act 10/1960, section 10, in force from 31-5-1960.

2. The words "Deputy Minister" substituted for "Assistant Minister" by Act A31, section 10, in force from 24-3-1971.

3. The words "and a Parliamentary Secretary" were added by Act A631, section 4, in force from 24-2-1986.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/62.Parliamentary procedure

62. Parliamentary procedure

(1) Subject to the provisions of this Constitution and of federal law, each House of Parliament shall regulate its own procedure.

(2) Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings.

(3) Subject to Clause (4) and to Articles 89(1) and 159(3) and to sections 10 and 11 of the Thirteenth Schedule, each House shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall unless he is a member of the House by virtue only of paragraph (b) of Clause (1A) of Article 57 cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.

(4) In regulating its procedure each House may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.

(5) Members absent from a House shall not be allowed to vote.

EXPLANATORY NOTES:

Article 62(3):

Act 14/1962, Schedule section 4, in force from 21-6-1962, inserted the words "and to sections 10 and 11 of the Thirteenth Schedule" and Act 19/1964, subsection 7(2), in force from 30-7-1964, inserted the words "unless he is a member of the House by virtue only of paragraph (b) of Clause (1a) of Article 57".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/63.Privileges of Parliament

63. Privileges of Parliament

(1) The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either House of Parliament or any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of either House of Parliament.

(4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 [Act 15] as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970 [P.U.(A) 282/1970 ].

(5) Notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Yang di-Pertuan Agong or a Ruler when taking part in any proceedings of either House of Parliament or any committee thereof except where he advocates the abolition of the constitutional position of the Yang di-Pertuan Agong as the Supreme Head of the Federation or the constitutional position of the Ruler of a State, as the case may be.

EXPLANATORY NOTES:

Article 63:

1. Clause (4): Added by Act A30, section 3, in force from 10-3-1971.

2. See Houses of Parliament (Privileges and Powers) Ordinance, No. 15 of 1952.

3. Clause (5): Added by Act A848, section 5, in force from 30-3-1993.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/64.Remuneration of members

64. Remuneration of members

Parliament shall by law provide for the remuneration of members of each House.

EXPLANATORY NOTES:

Article 64:

See Members of Parliament (Remuneration) Act 1980 [Act 237].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/65.Clerks of Senate and House of Representatives

65. Clerks of Senate and House of Representatives

(1) There shall be a Clerk to the Senate and a Clerk to the House of Representatives.

(2) The Clerk to the Senate and the Clerk to the House of Representatives shall be appointed by the Yang di-Pertuan Agong from among members of the general public service of the Federation and each shall hold office until he attains the age of compulsory retirement for members of the general public service unless he sooner resigns his office or is transferred to another office in the general public service.

(3) The persons holding the office of the Clerk to the Senate and Clerk to the House of Representatives immediately prior to the coming into force of this Clause shall, unless either person has not attained the age of fifty-five years and has opted to become a member of the general public service of the Federation, continue to hold office respectively on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court, and in this respect the representation mentioned in Article 125(3) shall be a representation made by the President of the Senate or, as the case may be, the Speaker of the House of Representatives.

(4) (Repealed).

(5) (Repealed).

EXPLANATORY NOTES:

Article 65(2):

1. Proviso added by Act A354, section 17, in force from Merdeka Day.

See section 7 of the Constitution (Amendment) Act 1992 [Act A837] on the status of members of the Parliamentary Service upon repeal of the Parliamentary Service Act 1963 [Act 394].

2. The words "the age of compulsory retirement for members of the general public service" were substituted for "the age of fifty-five years" by Act A1130, section 7, in force from 28-9-2001.

Article 65(3):

1. The words "Federal Court" were substituted for "Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963.

2. Subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

3. The word "Federal" substituted for the word "Supreme" by Act A885, section 7, in force from 24-6-1994.