2. Amendments are something that
are difficult to avoid especially
if a constitution is more of a
working document than a brief
statement of basic rules and
ideals But whatever the case a
balance must be struck between
those competing considerations.
3. On the one hand a constitution
is the basic law, containing
fundamental rules about state
running and so various
safeguards which cannot be
taken away so easily.
4. The philosophy behind the
amendments procedure in
Malaysia has been laid down by
the Reid Commission - namely
that the methods ‘should not be
too difficult as to produce
frustration nor too easy as to
weaken seriously the safeguards
of the Constitution’.
5. Methods of amending the
Malaysian Constitution
There are four different ways of amending the
Federal Constitution as laid down in Articles 159 and
161E. (Raja Azlan Shah FJ in Loh Kooi Choon)
1. Amendment by way of simple majority at both the
Senate and the House of Representative.
2. Requires the support of two-thirds majority of the
members of both houses.
6. Cont.
3. Requires the 2/3 majority and the consent of the
Conference of Rulers.
4. The fourth method of amendment stipulates a 2/3
majority and the consent of either the Yang diPertua Negeri of Sabah or Sarawak.
7. Another way of amending the
Constitution is through Article
150 which gives the executive
power to declare emergency.
Thus, effectively, there are
actually five different ways of
amending the Constitution.
8. 1. Amendment by way of simple majority
at both the Senate and the House of
Representative.
Article 159(4)
These are amendments with regards to:
a) amendments to part III of the second schedule
(containing supplementary provisions relating to
citizenship); to the sixth schedule (containing forms of
oath and affirmation); and to the seventh schedule
(dealing with the election and retirement of senators);
9. b) Any amendment incidental to
or consequential on the exercise
of any power to make law
conferred on Parliament by any
provision of the constitution other
than articles 74 and 76;
10. bb) Subject to art 161E (admission of
Sabah & Sarawak) any amendment
made for or in connection with the
admission of any state to the
Federation or its association with the
states of the Federation, or any
modification of the constitution made
as to its application to a state so
previously admitted or associated.
c) Any amendment consequential on an
amendment made under paragraph
(a).
11. 2. Requires the support of two-thirds
majority of the members of both
houses.
Amendments not included in the above categories
nor in the next, require only the approval of a twothirds majority in each House of Parliament, and do
not require for their validity the consent of the
Conference of Rulers nor the concurrence of any of
the Sabah and Sarawak’s Yang di-Pertua Negeri.
12. 3. Requires the 2/3 majority and the
consent of the Conference of Rulers.
Article 159(5)
A law making an amendment to Clause (4) of
Article 10, any law passed thereunder, the provisions
of Part III, Article 38, 63(4), 70,71, 72(4), 152 or 153 or
to this Clause shall not be passed without the
consent of the Conference of Rulers.
13. 4. The fourth method of amendment also
stipulates a 2/3 majority and the
consent of either the Yang di-Pertua
Negeri of Sabah or Sarawak.
These amendments of special interest to Sabah and
Sarawak enumerated in clause (2) of Article 161E
require not only the approval of a two-thirds
majority in each House of Parliament but also the
concurrence of the Yang di-Pertua Negeri of Sabah
and Sarawak.
14. They are amendments to the constitution
that affect the right of persons born
before Malaysia Day, the constitution and
jurisdiction of the High Court in Sabah
and Sarawak, the matters with respect
to which the legislature of the state
may or Parliament may make laws, and
religion in the state and the use of any
language and the special treatment of
natives of the states.
15. An overview of the amendments
since 1957.
A brief review of the nature, extent and implications
of the amendments since 1957 is necessary in order
for us to see whether the amending power has
been used within the confines laid down by the
Reid Commission.
16. The most notable feature in this
respect is the helplessness of the
states when it comes to
defending their position and
rights. This is because some of
which unfortunately lie outside
the constitutional structure,
particularly in the political
system.
