(1)No person shall be deprived of his life or personal liberty save in accordance with law. (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. (9)No certificate of naturalisation shall be granted to any person until he has taken the oath set out in the First Schedule. (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. (a)while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross State boundaries and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies; (b)regard ought to be had to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines; (c)the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies; (d)regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties. (5)A casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy: Provided that if a casual vacancy is established on a date within two years of the date the Legislative Assembly shall, in accordance with subsection (3), 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 Legislative Assembly 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. Rehabilitation of mining land and land which has suffered soil erosion. (1)The Prime Minister may appoint such number of persons as he may think fit to be Political Secretaries. (6)If on any review the Federal Government and the Government of a State are unable to reach agreement on any matter, it shall be referred to an independent assessor, and his recommendations thereon shall be binding on the governments concerned and shall be given effect as if they were the agreement of those governments. (2)The provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day. (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. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it. (iv)the continuation in force of any such ordinance. (2)A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the Federation, State, authority or organisation, as the case may be, to whose service he is seconded. (1)As from the passing of the Malaysia Act no amendment to the Constitution made in connection with the admission to the Federation of the State of Sabah or Sarawak shall be excepted from Clause (3) of Article 159 by Clause (4) (bb) of that Article; nor shall any modification made as to the application of the Constitution to the State of Sabah or Sarawak be so excepted unless the modification is such to equate or assimilate the position of that State under the Constitution to the position of the States of Malaya. (1)In relation to the State of Sabah or Sarawak Articles 91, 92, 94 and 95A shall have effect subject to the following Clauses. (3)The Legislature may by law make provision for enabling the Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, to appoint a person to exercise the functions of the Yang di-Pertua Negeri during any period during which the Yang di-Pertua Negeri is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appoint unless he would be qualified to be appointed a Yang di-Pertua Negeri. (b)is resident in a constituency on such qualifying date or, if not so resident, is an absent voter. (8)The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it. (3)During any absence of the Speaker from a sitting of the Legislative Assembly such member as may be determined by the rulers of procedure of the Assembly shall act as Speaker. (2)The Minister may also, with the consent of the Yang di-Pertuan Negeri of the State, delegate to an authority of the State of Sabah or Sarawak (subject or not to conditions providing for an appeal from that authority to the Minister) any of the Minister's functions under Clause (6) of Article 28A which are not required to be delegated by Clause (7) of that Article. Last amendment included here is the Federal Constitution (Amendment) Act 1995 which entered into force on 20 July 1995. Malaysia is a guaranteed government and parliamentary prevailing part controls plan of picked and state level. (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. These Articles cover a myriad of issues such as the structures of the Federal and State Governments, the (2)There shall be a court which shall be known as the Mahkamah Persekutuan (Federal Court) and shall have its principal registry in Kuala Lumpur, and the Federal Court shall have the following jurisdiction, that is to say: (a)jurisdiction to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof; (b)such original or consultative jurisdiction as is specified in Articles 128 and 130; and. (c)to the use of the English language in the State of Sabah or Sarawak in the Legislative Assembly or for other official purposes (including the official purposes of the Federal Government). (c)to fail to comply with any requirement imposed upon him by any rules made under section 6 with respect to the delivering up of certificates; (d)to personate or falsely represent himself to be or not to be a person to whom a certificate, whether issued in the Federation or elsewhere, has been duly issued or granted. (5)The provisions set out in Part I of the Eighth Schedule may be modified by substituting for section 2 or section 4 or both the provisions set out in Part II of that Schedule as an alternative thereto-. (5)A person taking the oath on becoming a judge of a High Court (but not Chief Judge) shall do so in the presence of the Chief Judge of that Court or, in his absence, the next senior judge available of that Court. If the Minister has reason to believe that an error appears in any register compiled under section 10, he shall, after giving notice to the person concerned and after considering such representations from him as he may choose to make, make such alteration on the register as appears to the Minister to be necessary to correct the error. It is included 13 states and two government zones, which are separated into two particular parts of Peninsular Malaysia and East Malaysia areas of Sabah and Sarawak in North Borneo. (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. (8)A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take pan in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein. Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and windingup of corporations so created. (a)any land acquired by that Government by agreement for that purpose; (b)on the application of the proprietor, and with the consent of every person having a right or interest therein, any other land. UNHCR is not responsible for, nor does it necessarily endorse, its content. 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. (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. Book. (2)Without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination. (3)Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. (1)There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or a High Court appointed by the Conference of Rulers. (c)Charities and charitable institutions; charitable trusts and trustees excluding Wakafs; Hindu endowments. Additional Physical Format: Online version: Mohamed Suffian, Tan Sri, 1917-2000. (2)Notwithstanding Article 75, a State law made under authority conferred by Act of Parliament as mentioned in Clause (1) may, if and to the extent that the Act so provides, amend or repeal (as regards the State in question) any federal law passed before that Act. CONSTITUTION OF MALAYSIA DEFINITIONS • K. Ramanathan: prinsip-prinsip asas yang mengasaskan sesebuah negara, memastikan bagaimanakah sesuatu keputusan kerajaan itu akan dibuat, bagaimana kuasa akan diagih-agihkan antara institusi-institusi kerajaan, menetapkan satu kewibawaan ideal sesebuah negara itu dan memperkenalkan satu sistem pemerintahan seperti termaktub sama … (2)Subject to Clause (3), a person shall not be appointed to be a member of any of the Commissions to which this Part applies if he is, and shall be removed by order of the Yang di-Pertuan Agong if he becomes-. (5)Notwithstanding the provisions of Clause (1), until Parliament otherwise provides, all proceedings in subordinate courts, other than the taking of evidence, shall be in the English language. (1)The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied-. (1)No Act of Parliament terminating or restricting the use of the English language for any of the purposes mentioned in Clauses (2) to (5) of Article 152 shall come into operation as regards the use of the English language in any case mentioned in Clause (2) of this Article until ten years after Malaysia Day. Machinery of the State Government, subject to the Federal List, but including-. Part I of this Schedule shall apply to the States of Sabah and Sarawak as it applies to the States of Penang and Malacca. (6)In this Article "amendment" includes addition and repeal; and in this Article and in Article 2 (a) "State" includes any territory. (b)any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commission within such time and in such manner as may be prescribed by any such law or regulations, and the Commission may make such order thereon as it may consider just.