You are on page 1of 49

IMPORTANT PROVISIONS

IN MALAYSIAN
CONSTITUTION

Main Features of Constitution


1. Malaysian is a federation
2. Malaysia is a constitutional monarchy
3. Malaysia is a country that practises parliamentary
democracy
4. Religious freedom with Islam as the official
religion of Malaysia
5. Supremacy of the constitution and the rule of the
law
6. Doctrine of the separation of power in which the
judiciary, the legislative and the government has
its freedom to carry out different functions with no
conflict of interest

7. Validity and transparency of the judiciary with


exclusive powers subject to the provisions of
the constitution
8. National language , citizenship and the special
rights of the Malays and the native tribes of
Sabah and Sarawak

Language

We need a national language for general


communication and official language to unite the
people of different ethnic origin, each with their
own spoken language.
The Malay language was chosen as the national
and official language because :
1. The language was the lingua franca in the region
for centuries. It was widely used during the
golden age of Malacca. The foreign traders used
Malay language in their business transactions.
2. The Malay language is very easy to learn. The
native speakers of Malay language far exceeded
the speakers of other languages

3. The Malay was more solid in terms and


pronunciation.
4. The Malay language uses the romanised
letters besides Jawi.
5. The structure of Malay language has clear
phonemes, that is, syllables that are easy to
spell based on fixed and firm principles.

Religion
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
In states that have a ruler/sultan as head of state,
the ruler/sultan is the head of Islam in his own state
For states without a sultan (Sabah, Sarawak,
Malacca and Penang) and the Federal Territories
(Kuala Lumpur, Labuan and Putrajaya) the head of
Islam is the Yang di-Pertuan Agong.
Religion is very important because it is the most
basic matter in our life.
All religions teach god and condemn evil.

Citizenship

1.
2.
3.
4.

Citizenship is a special status held by the people


who have the rights to be in the country.
The status gives rights, benefits and certain
facilities.
The special rights of a citizen are :
The right to vote in an election
The right to take an active part in politics
including contesting for election seat
The right to fill a post that is exclusively for
citizens only
Free to own landed property and to be considered
for special terms relating to property development

5. The right to receive a number of benefits and facilities


in the country including welfare benefits and education
6. Freedom of movement throughout the country
7. The right not to be exiled
A citizen also should fulfill his responsibilities:
1. Give national service including joining the army if
required to
2. Abide by the laws and help run the systems in the
country
3. Contribute to the productivity of the country in whatever
field participate and support national programmes and
events such as Independence Day celebration

There are 4 ways of acquiring citizenship in


Malaysia:
1. Jus Soli
Based on the laws of the birth place.
Regardless of the status of the mother or father,
citizenship status is automatic for people born in
Malaysia between Independence Day (31 August
1957) and October 1962.
2. Jus Sanguinis
Refers to the laws according to blood descent.
It relies solely on the citizenship status of the
father

If the father of the newly born is a citizen, he too


becomes a citizen, regardless whether he is born
outside the country
3. Marriage
Giving the right to a foreign woman who is married
to a Malaysian citizen to apply to become a citizen.
The citizenship is given through registration.
The following conditions must be fulfilled:
a. If the husband is a citizen in October 1962 and the
marriage is still binding
b. The foreign woman has lived in federation for two
years before the application is made, has the
intention to continue living and is of good conduct

4. Naturalization
Provides the opportunity to residents who
are not in Malaysia to become Malaysian
citizens
They are required to fulfill the following
conditions:
1. Aged 21 and above
2. Have lived in federation for at least 10 out
of 12 years
3. Have he intention to live permanently
4. Have good conduct
5. Have sufficient language of Malay
language

Loss of Citizenship Status

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 prohibited action,
that can be one of the following:
1. He has become citizen of another country
2. He is enjoying all the rights and facilities in
another country whereas those rights are
only given to the citizens of those countries
only

3. A woman becomes citizen of a foreign


country through marriage with a man from
that country
4. Acts negatively showing he is no longer
loyal to Malaysia
5. Has business or ties with a hostile country
6. Gives services to another country without
permission
7. Has been sentenced in a state within a
period of 5 years after becoming citizen,
with jail sentence of not less that 12
months or fined not less than RM5000

8. Lives continuously for 5 years in a foreign


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

Fundamental Liberties

In the constitution, the fundamental rights


are written as fundamental liberties.
There are 3 parts of fundamental
liberties: freedom of worship, personal
freedom and economic freedom
1. Freedom of worship
Every person has the right to practise a
religion
A person under 18 years old cannot be
asked to take part in religious ceremony
other than his own

2. Personal freedom
A person cannot have his life taken away or
his freedom destroyed except as required by
the law
A person who is arrested must be told of the
reasons for his arrest
Then, he should be given chance to defend
himself
A person also cannot be exiled from the
federation
He is allowed to speak and voice his opinion
or to gather peacefully and form associations.

However, the law can restrict the freedom


mentioned above to safeguard the public
interest. Eg. Internal Security Act (ISA)
3. Economic freedom
Citizens are protected from being turned into
slaves
The use of force on the citizen to work is
prohibited except for the intent of the country
Citizens have the right to won property
Proper compensation is made to the owner
if the government needs to take over the
property

MALAYSIAN PLANS AND


POLICIES

Malaysian Plan
1. First Malayan Plan (1956-60)
Develop rural area to improve the
standard of living, reduce illiteracy,
enhance the standard of health, eradicate
poverty, extension of agricultural areas
Establishment of RIDA, FELDA, Ministry
of Rural Development
2. Second Malayan Plan (1961-65)
Improve system of services health,
education, water and electricity supply,
improve agricultural development

Diversify the people's sources of income,


reduce unemployment
Establishment of FAMA
3. First Malaysian Plan (1966-70)
Increase effort to eradicate economic
imbalance between sectors especially after
13 May, extend socio-economic development
plans to include Sabah and Sarawak
Establishment of FIDA (industrial
development), MARDI, Agricultural Bank

4. Second Fifth Malaysian Plan (197190)


New Economic Plan main focus to
create unity among all Malaysians.
Can be achieved through economic
development
The main aims are eradication of poverty
and restructuring Malaysian society so
that community identification does not
exist

5. Sixth Seventh Malaysian Plan (19912000)


Give new life to the expired NEP
Prepare an industrial society and develop
the socio-economic and harmonious life
of the people
6. Eighth Malaysian Plan (2001-05)
Develop a strong economy
Strengthen socio-economic sector
Extend usage of ICT
Upgrade the quality of life

5. Ninth Malaysian Plan (2006 10)


Establishment Iskandar Region
Development Authority (IRDA), building
and upgrading rural roads, biotechnology
(physical and soft infrastructures), second
bridge and monorail for Penang, disease
prevention
Setting up National Institute of Cancer,
National Forensic Institute and National
Institute for Oral Health, modernising
agriculture farming

NATIONAL POLICIES

Vision 2020

Introduced by former Prime Minister, Tun


Dr. Mahathir Mohamad in 1991 in his
paper work, Malaysia Looking Forward.
In the paperwork, Tun Dr Mahathir
mentioned about the main objective of
this vision, that is to be a developed
country.
He listed down all nine challenges in
order to be a developed country.
The nine challenges are:
1. Create nation that is united and with
common objective

2. Create a society that is free, peaceful and


advanced, confident of its own
capabilities, successfully proud and
strong in facing problems
3. Create a democratic society that is
matured and practises a shared
philosophy
4. Create a moral and ethical society with
strong religious and spiritual values
5. Create a society that is tolerant and
liberal and free to practise its own
customs, culture and religions

6. Create a scientific and progressive


society that is forward-looking and farsighted and is able to contribute to
improving civilization based on science
and technology
7. Create a caring society and practise a
caring culture
8. Create a society that is fair in distribution
of national wealth regardless of race
9. Create a prosperous society with a
competitive economy

New Economic Policy

Cover a period of 20 years (1971-1990)


and involves four five-year Malaysian
plans (MP2-MP5)
Two main objectives : to reduce and
eradicate poverty and restructure the
society and eliminate community
identification through economic sectors
There are some strategies to achieve the
objectives:
1. Modernize the living conditions of lower
income group and increase the provision
of basic facilities and those related to
education

2. Expand employment opportunities for all


Malaysians
3. Encourage participation in sectors with high
potential and high productive capacity such
as business, industries and services
4. Improve productivity of the poor and
increase their income
5. Raise peoples ownership in private sector
6. Build a business society among bumiputras
7. Develop areas that remained backward but
high in potential
8. Enhance education opportunities within and
outside the country

National Incorporation Policy

The objectives of this policy is to create


close cooperation between the public and
private sector
The concept of incorporation is defined
as a company that is a joint venture
between the private and public sector
Incorporation symbolizes the readiness of
the government sector to distribute
business opportunities, join or cooperate
with the private or public sector to
organize effective services to the people.

National Privatisation Policy


The objectives of this policy:
1. To reduce the financial and administrative
burden of the government
2. To improve efficiency, productivity and
competitiveness
3. To speed up economic growth particularly
through commercial programmes
4. To reduce the size and involvement of the
public sector in the economy
5. To widen corporate sector prospects

Programmes :
1. Communication (such as
telecommunication and television), port,
road construction, air and shipping TV3,
Port Klang Container Terminal, MAS,
Malaysia International Shipping
Corporation (MISC)
2. Services like postal, electricity, hospital
and others POS Malaysia, TNB,
Telekom Malaysia (TM).
3. Concessions especially public facilities
like water supply and roads Syabas

National Agricultural Policy

1.
2.
3.
4.

The objectives of this policy:


To raise production output through
optimum use of resources
To increase peoples income especially in
rural areas
To increase and provide sufficient food
resources for the people
To develop agricultural land by using
high, effective technology

Programmes :
1. The opening and development of new
land such as FELDA and FELCRA
2. Improve the use of public facilities like
roads, transportation, the use of
machines and modern fertilisation system
3. Various activities and agricultural support
services that include Research and
Development (R&D), training, marketing
and incentives to develop agriculture
among estate owners and farmers

National Education Policy

This policy was drawn up based on these


two reports: Tun Razak Report and
Rahman TAlib Report
The objectives of this policy :
1. Set up a system of education that can
fulfill the nations need and encourage
cultural, social, economic and political
development
2. Integrate the multiracial schoolchildren
and prepare a work force for the needs of
the economy

3. Achieve the objective of National


Education Philosophy to produce human
beings with knowledge and character,
balanced and harmonious for peace and
prosperity
Programmes :
1. Improve the quality of education
2. Increase educational opportunities for all
levels and ages
3. Extend educational opportunities through
private institutions
4. New Curriculum for Primary Schools
(KBSR)

5.
6.

1.
2.
3.
4.
5.

New Curriculum for Secondary Schools


(KBSM)
Restructure vocational and technical education
Strategies :
The national language as the main medium of
instruction
Have the same Malaysia oriented curriculum for
all types of students
Have the same examination system for all
Create the opportunity of nine years of basic
education
Make it compulsory for the Malay and English
language to be taught in schools

National Development Policy

The objectives of this policy:


1. To strengthen social, economic and
political stability
2. To achieve the status of advanced nation
in terms of social justice, moral and
ethical values, quality of life, efficiency in
administration and economic excellence


1.
2.
3.
4.

Programmes :
Development of state economy and
between urban and rural areas
FELDA training to rural youths
Create competitive activities in the
international market
Privatisation to improve bumiputra
participation

National Industrialisation Policy

The objectives:
1. To intensify industrial growth through
manufacturing
2. To optimize the use of the countrys
natural resources
3. To upgrade local research and
development of local technology

Strategies:
1. Increase the level of research and
development (R&D)
2. Exportation of manufactured goods in
large quantities to be more competitive
3. Develop selected heavy industries
4. Increase employment opportunities
5. Increase opportunities for technical
training and skills

National Cultural Policy

The objectives:
1. To strengthen unity of race and country
2. To nurture and protect a strong Malaysian
identity
3. Improve the quality of life that is balanced
physically, spiritually and in term of socioeconomic development

Programmes :
1. Development of arts and culture
2. Continuous art presentations by the
National Cultural Complex
3. Cultural programmes through mass
media especially RTM at festive seasons

Policy on Regional and World Affairs


ASEAN
Objectives : to speed up economic growth,
social and cultural progress and nurture
and protect regional peace and stability
founded on justice
Programmes :
1. Political cooperation on boundaries
2. Elimination of smuggling activities and
communist threat
3. ZOPFAN (Zone of Peace, Freedom and
Neutrality)
4. Asia-Pacific Economic Cooperation
(APEC)

5. ASEAN Economic Ministers Conference


(EAEC)
Strategies :
1. South East Asia as a zone of peace,
neutrality and freedom from foreign
interference and on good terms with the
Western and Communist blocs
2. Freedom from nuclear arms or South
East Asia Nuclear Free Zone (SAENFZ)
3. Regional cooperation

Commonwealth Organisation
An organization of former, independent
British colonies
Objectives : to provide facilities and benefit to
member countries and to have diplomatic
relations between member and non-member
countries
Programmes :
1. Cooperation in trade, research and
economic and social aid
2. Commonwealth Fund
3. Conferences among ministers of different
portfolios, members of parliament
4. Commonwealth Games

Organisation of Islamic Countries (OIC)


The membership consists of Islamic
countries all over the world
Objectives :
to forge closer unity and cooperation
among member countries economically,
socially, culturally and in the field of
science
solve problems of dispute involving
Islamic nations
Eliminate any oppression and colonialism
to bring about universal peace


1.
2.
3.
4.
5.

Programmes :
Islamic Unity Fund
Studies of the History of Islamic
Civilization and the Arabic language
International Islamic University of
Malaysia
Islamic University of Nigeria
International seminar or symposium

United Nations Organisation


Objectives: create a common peace and
improve the quality of life of member
countries
Programmes :
1. General Assembly Security to determine
and decide on security issues through the
power to veto
2. United Nations Economic and Social
Council to improve the quality of life
3. Emergency aid to war victims particularly
children
4. International Red Cross Organisation

You might also like