Important Provisions in

the Malaysian Constitution

Language
Language is always the most
important factor in determining the

the true identity of a nation

When Malaysia was on the threshold of
independence, the leaders of the country
decided that the future independent
Malaysia must have an official language to
replace the English language that was the
language of administration since the British
rule
The need for a National Language that
becomes the language for general

communication and the official language

was realized to be important for uniting the
people of different ethnic origin, each with
their own spoken language
As such it was agreed that there should be
embodied in the Constitution a national
language (Razak Report. 1957)
The language agreed upon to become the
National Language was the Malay Language

that later, until today is known as the

Malaysian language (Article 152)
The Rational of the Choice
All the parties had no difficulty in agreeing
upon the suitability of the Malay language
as the National language on the following
rationale:
1. The Malay language was the lingua franca
in the region for centuries and widely used

during the golden age of Malacca in their

business transactions
2. The Malay language, compared to other
languages in the region is very easy to
learn, was widely used among the
communal groups and the native speakers
of the Malay language far exceeded the
speakers of any other language at that
time

3. The Malay language was more solid

from the point of view of terms and
pronunciation throughout the country
except a little difference in
pronunciation for some words in one
or two states. On the other hand, the
Chinese language has many dialects
that are different so that different
dialectal groups find it easier to
communicate with one another in the

4. the Malay language uses the romanised

letters besides Jawi, which had been widely
used by all communities since the use of the
English language
5. The structure of the Malay language has
clear phonemes, that is, syllables that are
easy to spell based on fixed and firm
principles
These features provided for easy acceptance
of the Malay language as the national and

and official language of the country

Its Provisions in the Constiutution
In the Malaysian Constitution the
provision for the Malay Language as
the national language is recorded
under Article 152, Section XII wich
underlines that:
1. The National Language decided
upon is the Malay Language

2. Nobody will be prohibited or hindered from

using, teaching or learning another language
3. The government has the right to maintain
the use and learning of the language of any
other community in the Federation
However, the provision states that the
English language will continue to be used for
the time being, in Parliament and the State
Legislative Council as well for ten years after

independence or as decided by Parliament

A constitutional amendment Act (1971)
provided that the status of the Malay
language as the National Language as well
as the rights and terms recorded under
Article 152 cannot be questioned again and
cannot be amended without the permission
of the Council of Rulers; and whoever
raises that issue can be charged as having
committed an

offence under the 1948 Sedition Act

(emergency)
This order applies to everybody
including members of the legislative
bodies
Development of the National
Language
Various authorities such as the
Ministry of Education and agencies
like the Language and Literary

sponsored relevant meetings to

popularise the use of the Malay Language
as the National Language
Here are some of the efforts taken:
1. The 1971 Education Act underlined that
the National Language be used for all
official purposes
2. Corpus planning (the main division
involved in material collection) that is the

preparation and fixing of spwellings,

terminology, dictionary making and grammar
3. The Malay Language and Letters Congress, a
forum that formulated the resolution to set up
a center for the development of the language;
following which was born DBP which besides
doing translations and increasing the
terminology also took the initiative to
establish the Malaysi-Indonesia-Brunei
Language Council to standardise and enrich
the Malay language

4. Constitutional Act (Amendment) (No.2),

1971 underlined that the status of the
Malay language as the National and
Official Language and the status of other
languages cannot be questioned anymore
5. After the 1969 May 13 tragedy, the
strengthening of efforts at unity through
the National Language, underlined that
the Malay language be fully made the
main medium of

instruction at the secondary level of

education in 1982 (in Sabah and
Sarawak in 1990)
6. In 1974, the special Cabinet
committees, after assessing the
implementation of the language
policy, issued the Cabinet Report in
1980 with a re-emphasis on the use
of the Malay language as the means
to unify and integrate the multi-racial

Current Status
The Malay language has functioned
as the national language has been
implemented most convincingly at all
levels including the use in
Parliament, in the courts and as a
medium of instruction for 70-80-% of
the teaching in the universities

RELIGION
Religion is provided for in Part I, Chapter 3 of
the Malaysian Constitution which clarifies
that:
1. Islam is the official religion of the
Federation; but other religions are allowed
to be practised in peace and harmony in
any part of the Federation (article 1)
2. In states that have a ruler or sultan as head
of the state, the sultan or ruler is the head

of Islam in the state concerned

(Article 2)
3. For states without a sultan or ruler
(Sbah, Sarawak, Penang and
Malacca) and the Federal Territories
(K.L. , Labuan and Putrajaya) the
head of Islam is the YDP Agong
(Article 3)

The Importance of
Religion
Religion plays an important role in
instilling wholesome values, and
producing responsible citizens with
high morals, but is constantly being
challenged
For a balance in values and the
nurture of healthy qualities especially
in the context of religion, the
authorities have taken specific
actions that include :

1. The Rukun Negaras first principle is

Belief in God that emphasises the
importance of having a religion
2. Islam as a subject in the curriculum is
officially taught at every level in school.
For other religions, the appropriate
facilities are also provided that is other
religions can be taught if certain
conditions are fulfilled. Nevertheless, the
nurture of true values with

elements of moral and religion are

directed to non-Muslim pupils
through the subject of Moral
Education
3. Facilities for worship for each
religion are built throughout the
country and they are given financial
aid and other support such as
building site
4. Rituals or religious ceremonial

religions in all aspects, always gets

the cooperation of the authorities,
such as the police to safeguard
security and calm during religious
celebrations
5. Indeed religious belief is most basic
in nurturing the character of an
individual and to guide him in the life
he leads

CITIZENSHIP

IS A SPECIAL STATUS HELD BY THE

PEOPLE WHO HAVE THE RIGHT TO BE

IN A COUNTRY WHICH GIVES RIGHTS,
BENEFITS AND CERTAIN FACILITIES, BUT
ALSO DEMANDS CERTAIN
RESPONSIBILITIES
Rights of the citizen and importance
To vote to determine the government
To take active part in politics to
contest and hold position

 To fill a post that is exclusively for citizens

only job security and income
Free to own landed property and to be
considered for special terms relating to
property development to own a home
and for investment
To receive a number of benefits and
facilities in the country to get free
education/medical/protection/welfare help

 Not to be exiled to ensure we belong

to a state, not stateless
Freedom of movement throughout the
country to carry out daily
activities/business
Responsibilities of the citizen
Give national service including joining
the army if required
Abide by the laws

 Help run the systems in the country

Contribute to the productivity of the
country
Participate, and as far as possible,
support national programmes and
events such as Independence day
celebration

Citizenship laws
i. 1948 citizenship law
ii. amended citizenship law 1952
iii. citizenship law in the Malaysian
Constitution
iv. special status who have the right to be
in a country and enjoy rights , benefits
and certain facilities which come with
certain
responsibilities

Ways of acquiring
citizenship
1. Jus Soli
. This is based on the laws of the birth
place. Regardless of the status of the
mother or father, citizenship status is
automatic fo people born in Malaysia
between independence day (31st August
1957) and October 1962. Those born
after 1962 can become citizens if they
fulfill one of the conditions below:

1. The mother or father is a citizen at the time

of his birth
2. At the time of his birth, the mother or the
father has been residing in the country, or
3. At the time of his birth he was not a citizen
of any country
2. Jus Sanguinis
. This concept refers to the laws according to
blood descent. If the father is a citizen, he

too becomes a citizen, regardless of

whether he is born outside the
country. However, for the child who
is born outside the country, the child
only inherits the fathers citizenship
status if,
1. His own father was born in Malaysia,
or
2. His father holds a post in the Public
Service at the Federal or State level,

3. His birth was registered at the office

of a Malaysian Consulate or with the
Malaysian government within one
year after his birth
3. Marriage
Giving the right to a foreign woman
who is married to a Malaysian citizen
to apply to become a citizen with the
following conditions:

1. If the husband is a citizen in October

1962 or prior to that, and the
marriage is still binding; or
2. The foreign woman has lived in the
Federation for two years before the
application is made, has the
intention to continue living in the
Federation and is of good conduct

 Citizenship through registration are alo

given to those who fulfill several other
conditions like the citizenship of the
parents, the place of residence, knowledge
of the Malay language, interested to stay
permanently and takes an oath of
allegiance to Malaysia
4. Naturalisation
Article 19 provides the opportunity to
residents who are not born in Malaysia to

become Malaysian citizens if they

fulfill the following conditions:
1. Aged 21 and above, and
2. Have lived in the Federation for at
least 10 out of 12 years from and up
to the date of application, and
3. Have the intention to live
permanently in the country, and

4. Of good conduct, and

5. Have sufficient knowledge of the
Malay language
Every applicant is required to take an
oath of allegiance to the Federation

Loss of Citizenship Status

A person who becomes a citizen can lose
his citizenship in two ways, First, he
himself rejects the citizenship for personal
reasons. Second, he has violated the laws
and committed a prohibited action, that
can be one of the following:
1. He has become the citizen of another
country
2. He is enjoying all the rights and facilities
in

another country, whereas those rights are

given only to the citizens of those
countries, for example, he participates in
the foreign countrys elections or possesses
a foreign passport
3. A woman becomes the citizen of a foteign
country through marriage with a man from
the country concerned
4. Acts negatively showing he is no longer
loyal

Malaysia
5. Has business or ties with a hostile country
6. Has been sentenced in a state within a
period of five years after becoming a
citizen of the Federation, with a jail
sentence of not less than 12 months or
fined not less than RM5,000
7. Gives services to another country without
permission

8. Lives continuously for five years in a

foreign country unless he is on service with
or on behalf of the Malaysian government
9. The citizenship has been falsely obtained
10. A foreign woman who acquired her
citizenship status through marriage, is
divorced from the husband, except in the
case of divorce where the husband has
passed away

Fundamental Liberties
The provisions of basic rights in Malaysia
are collectively laid down (in a written
constitution)
It ensures a balance or the right ratio
between the power for the government and
the basic freedoms for the people as
summarised in the words expressed below:
Every person is free to speak, have
meetings, and form associations, but this
freedom is

restricted by parliament if it is deemed

important for the security of the country
or the peace and the moral good of all
Basic Rights in the Constiution
1. Freedom of Worship
. Article 11 and 12 elaborate this.
Among the important aspects are:
1. Every person has the right to practise a
religion

2. A person under 18 years cannot be

asked to take part in a religious
ceremony other than his own
3. A person cannot be asked to pay
whatever tax if what is collected is
used for the interest of a religion
other than his own
4. Groups of the same religion have
the right to organise religious
businesses inclusive of the

setting up of a foundation and owning

property, but all aspects of worship should
not disturb the public peace
2. Personal Freedom
It emphasises that a person cannot have
his life taken away or his freedom
destroyed except as required by the law. It
is necessary to underline here that all
these actions follow legal process. At the
start a person who is

arrested must be told of the reasons for his

arrest, and then should be given a chance to
defend himself. It also protects a person from
torture or exile from the Federation. A person
is also allowed to speak and voice his opinion
or to gather peacefully and to form
associations, but the law can restrict that
freedom to safeguard public interest. It was
under this power (provision of Article 149)
that Parliament passed the Internal Security
Act (ISA)

The power of the Act includes

detaining a person without trial if its
thought fitting to do so for the
security of the masses and the
country. To save a person from illtreatment as a result of the abuse of
power, Article 151 provides specific
protection to a person detained
under the ISA. SUHAKAM functions
as a neutral and transparent body as

3. Economic Freedom
Malaysian are protected from being turned
into slaves. It also prohibits the use of force
on a citizen to work except for the intent of
the country, but even then the authority
haas to get relevant regulations approved
through the Parliamentary process.
Malaysians have the right to own property,
and should the government need to take
over the property (land), proper
compensation is

made to the owner

It is also linked to the freedom of the
individual to form associations, through
which the workers can fight for their
economic interest through peaceful
industrial actions such as picket and strike
with the aim to get fairer treatment from
their employer
It should be stressed that Article 8 also has
provisions that prohibit partiality or special

treatment for any religion, race, origin or

place of birth to meet the needs of a
plural Malaysian society
In August 2001, an amendment to Article
8(2) that added the word gender to
emphasise (and to legally confirm) the
prohibition of discrimination of not only
religion, race, origin or birth place, but
also gender. Thus men and women are
equal.

Special Provision Article

153
It protects the special rights of the
Malays and the bumiputras of Sabah
and Sarawak
These provisions are also found
under Article 161A and in several
state constitutions which involves the
special reservation for Malays and
Bumiputras of quotas for
scholarships, posts in the public
service, business and individual

 The special provision seems to clash

with the statement that stresses on
equality of constitutional treatment
for all citizens, but it is a
consideration to bring the Malays
and the Bumiputras to the same
economic and educational status as
the other races to sustain political
stability and public peace