List of amendments to the Constitution of Malaysia
As of February 2023, there have been 61 amendments to the Constitution of Malaysia since it was first enacted in 1957. The provision to amend the Constitution falls under Article 159. The constitution can be altered through an amendment Act supported by two-thirds of the members of Parliament.[1]
List edit
| # | Amendments | Amending law/authority and short title | In force from |
|---|---|---|---|
| 1st | Amend article 34 | Ord. 42/1958 Constitution (Temporary Amendment) Ordinance 1958 | 05-12-1958 |
| 2nd | Amend articles 15, 16, 17, 23, 30, 34, 42, 43, 48, 56, 57, 61, 76, 114, 119, 122, 125, 132, 135, 137, 138, 139, 140, 141, 142, 144, 145, 148, 149, 150, 151, 154, 174 Insert articles 43A, 95A Amend schedule 2 | Act 10/1960 Constitution (Amendment) Act 1960 | 31-05-1960 except s.13 and para.17(d): 31-08-1957; s.31: 08-08-1960; s.3: 11-09-1960; s.2, 33 and 35: 01-12-1960; s.22, 24 and para. 27(a) and (c):01-04-1961; s.26: 16-09-1963 |
| 3rd | Amend articles 14, 15, 18, 19, 23, 24, 25, 26, 35, 39, 46, 62, 65, 67, 76, 99, 108, 110, 113, 114, 115, 116, 117, 125, 132, 148, 155, 159, 160 Insert articles 15A, 26A, 26B Remove articles 17, 20, 21 Amend schedules 1, 2, 8, 10, 11, 13 | Act 14/1962 Constitution (Amendment) Act 1962 | s.8, 13, 24 and 30: 31-08-1957; s.32 (para.14 of Schedule:01-12-1960; |
| 4th | Amend articles 12, 16, 18, 50, 71, 74, 109, 118, 131, 139, 144, 159, 160, 161, 162, 166, 167 Remove articles 163, 164, 165, 168, 170, 171, 172, 173 Amend schedules 3, 7, 9, 10, 11 Remove schedule 12 | Act 25/1963 Constitution (Amendment) Act 1963 | 29-08-1963 except s.2 and 5: 31-08-1957; s.7: 01-01-1958 |
| 5th | Amend articles 1, 3, 4, 5, 6, 8, 9, 10, 14, 15, 16, 18, 19, 20, 22, 24, 25, 26A, 28, 30, 31, 37, 38, 42, 45, 46, 48, 53, 54, 65, 71, 76, 80, 87, 88, 89, 91, 92, 94, 95A, 105, 113, 114, 115, 116, 118, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 135, 137, 138, 139, 140, 142, 143, 144, 145, 148, 150, 151, 152, 158, 159, 160, 161, 169 Insert articles 16A, 19A, 28A, 30A, 30B, 76A, 95B, 95C, 95D, 95E, 112A, 112B, 112C, 112D, 112E, 122A, 122B, 122C, 131A, 146A, 146B, 146C, 146D, 159A, 161A, 161B, 161C, 161D, 161E, 161F, 161G, 161H Remove articles 21, 129, 174 Amend schedules 2, 4, 5, 6, 8, 9, 10, 11, 13 | Act 26/1963 Malaysia Act | 16-09-1963 except s.37: 31-08-1957 |
| When Sabah, Sarawak and Singapore joined Malaya to form Malaysia in 1963, the Malaysia Act was passed in Parliament to amend the Constitution to provide for the name change and the inclusion of the three new states. | |||
| 6th | Amend articles 9, 26, 35, 45, 57, 62, 160 Insert articles 43B, 43C Amend schedule 8 | Act 19/1964 Constitution (Amendment) Act 1964 | 30-07-1964 except s.5: 16-09-1963; s.4: 01-01-1965 |
| 7th | Amend articles 54, 95C, 120, 122, 132, 146A, 160 Insert article 118A Amend schedules 7, 8, 9, 11 | Act 31/1965 Constitution and Malaysia Act (Amendment) Act 1965 | 01-07-1965 except Part I of First Schedule and Second Schedule: 16-09-1963; Part II of First Schedule–amendment of Article 132 of the Constitution–Malacca: 01-05-1960 ; and Penang: 01-11-1959 |
| 8th | Act 53/1965 Constitution and Malaysia (Singapore Amendment) Act 1965 | 09-08-1965 | |
| Agreement relating to the separation of Singapore from Malaysia as an independent and sovereign state | |||
| 9th | Amend articles 1, 3, 9, 14, 15, 16, 16A, 18, 19, 26A, 28A, 30, 42, 46, 54, 55, 71, 88, 95B, 95D, 95E, 112A, 112B, 113, 121, 122A, 122B, 125, 139, 144, 146A, 146B, 146C, 148, 159, 159A, 160, 169 Remove articles 19A, 30A, 30B, 112E, 116F, 116G, 116H Amend schedules 2, 8, 9, 10 | Act 59/1966 Constitution (Amendment) Act 1966 | 19-09-1966 except Schedule (amendments of Articles 1, 3, 14, 15, 16, 16A, 18, 19, 19A, 26A, 28A, 30, 30A, 30B, 42, 46, 88, 95B, 95D, 95E, 112A, 112B, 112E, 113, 121, 122A, 122B, 146B, 146C(1), 159, 160, 161F-161H, 169, Second Schedule, Eighth Schedule (s.23) and Ninth Schedule: 09-08-1965; Schedule (amendments of Article 71): 16-09-1963; Schedule (amendments of Tenth Schedule: 01-01-1963) |
| 10th | Amend article 150 | Act 68/1966 Emergency (Federal Constitution and Constitution of Sarawak) Act 1966 | 20-09-1966 |
| 11th | Amend articles 135, 139 Amend schedule 8 | Act 27/1968 Constitution (Amendment) Act 1968 | 09-09-1968 |
| 12th | Amend article 54 Amend schedules 8, 13 | Act A1 Constitution (Amendment) Act 1969 | 18-11-1968 |
| 13th | Amend article 122A | P.U. (B) 83/1969 Resolution pursuant to Article 122A(1) | 10-04-1969 |
| 14th | P.U. (A) 146/1969 Emergency (Essential Powers) Ordinance 1969 | 15-05-1969 | |
| 15th | P.U. (A) 170/1969 Emergency (Essential Powers) Ordinance 1969 | 15-05-1969 | |
| 16th | P.U. (A) 143/1970 Emergency (Essential Powers) Ordinance No. 32, 1970 | 12-05-1970 | |
| 17th | Amend articles 10, 63, 72, 152, 153, 159, 161A | Act A30 Constitution (Amendment) Act 1971 | 10-03-1971 |
| One of the most controversial amendments in Malaysia's Constitution is the Constitution (Amendment) Act, 1971, which came in the wake of the May 13, 1969 racial riots. Known as the “Sensitive Matters Amendment,” it revised Article 10 – which safeguards freedom of speech – to empower Parliament to pass laws to restrict public discussion on four “sensitive” issues: citizenship; the national language and the languages of other communities; the special position and privileges of the Malays and natives of the Borneo states, and the legitimate interests of other communities; and the rulers’ sovereignty. Before the Act, the Conference of Rulers’ consent was required only for amendments to provisions related to the rulers, and the special rights and privileges of the Malays and the legitimate interests of other communities. As a result of the Act, consent was also required for other provisions, such as Article 10 (freedom of speech), Article 63 (privileges of Parliament), Article 72 (privileges of the state legislative assembly) and Article 152 (national language). Article 153 originally provided for the Yang di-Pertuan Agong to be the guardian of the special position of the Malays and the legitimate interests of other communities. It also empowered him to ensure that a reasonable proportion of opportunities was reserved for the Malays in public service, education, and for permits and licences. The 1971 amendment allowed the natives of the Borneo states to have the same status as the Malays. It also empowered the Agong to direct any institution of higher learning to reserve a reasonable proportion of places for the Malays and natives, should the number of places be less than the number of qualified candidates. | |||
| 18th | Amend articles 40, 43A, 43B, 54, 61, 125, 135, 137, 144, 159, 160, 162 Amend schedules 3, 5, 8 | Act A31 Constitution (Amendment) (No. 2) Act 1971 | 24-03-1971 except s.4: 19-09-1966 |
| 19th | Amend articles 132, 135, 144 Insert article 141A Amend schedule 8 | Act A193 Constitution (Amendment) Act 1973 | 05-05-1973 except s.2, 3, 4 and 5: 01-01-1974 |
| 20th | Amend articles 1, 3, 11, 42, 46, 97, 113, 116 Amend schedules 9, 11 | Act A206 Constitution (Amendment) (No. 2) Act 1973 | Part I and Schedule: 01-02-1974; Part II and III: 23-08-1973 |
| 21st | Amend articles 25, 48 Amend schedules 2, 8 | Act 160 Malaysian Currency (Ringgit) Act 1975 | 29-08-1975 |
| 22nd | Act A335 Constitution (Amendment) (No. 2) Act 1976 | 01-02-1974 | |
| 23rd | Amend articles 1, 3, 5, 11, 12, 19, 24, 25, 28A, 32, 33, 34, 35, 37, 38, 42, 48, 54, 55, 65, 70, 71, 76, 88, 91, 95A, 97, 99, 100, 101, 106, 107, 108, 111, 112, 112A, 112C, 113, 114, 121, 122, 122A, 122B, 128, 132, 135, 138, 140, 141A, 144, 145, 146, 146B, 146C, 146D, 148, 150, 151, 153, 160, 161, 161A, 161B, 161E, 169 Insert articles 125A Remove articles 146A, 161C, 161D Amend schedules 2, 3, 4, 5, 7, 8, 9, 10 | Act A354 Constitution (Amendment) Act 1976 | 27-08-1976 except s.48: 01-01-1976 |
| 24th | Amend schedule 10 | Act A392 Capitation Grant Act 1977 | 01-01-1976 |
| 25th | Amend articles 45, 135, 141A, 149 | Act A442 Constitution (Amendment) Act 1978 | 31-12-1978 |
| 26th | Amend articles 15, 16A, 28A, 38, 42, 45, 48, 52, 55, 56, 57, 70, 71, 88, 89, 95B, 95D, 95E, 112A, 112B, 112C, 112D, 114, 121, 122B, 139, 142, 143, 146D, 149, 150, 153, 161, 161A, 161B, 161E, 169 Remove articles 141, 146C, 146D Amend schedules 2, 5, 8, 9, 10 | Act A514 Capitation Grant Act 1981 | 15-05-1981 except s.19: 27-08-1976 |
| 27th | Amend article 122 | P.U. (A) 114/1982 Constitution of the Federal Court (Judges) Order 1982 | 01-05-1982 |
| 28th | Amend articles 1, 37, 43A, 43B, 46, 48, 53, 56, 57, 58, 59, 66, 80, 87, 90, 105, 114, 121, 122, 122A, 122B, 122C, 123, 124, 125, 125A, 126, 127, 128, 130, 131A, 138, 142, 143, 145, 150, 151, 152, 160, 161, 161A, 161B Remove article 131 Amend schedules 8, 9 | Act A566 Constitution (Amendment) Act 1983 | 16-12-1983 except s.15, 16, 17: 01-01-1985; s.2: 01-02-1974 |
| 29th | Amend articles 66, 150 Amend schedule 8 | Act A584 Constitution (Amendment) Act 1984 | 20-01-1984 except s.4: 16-12-1983 |
| 30th | Amend articles 1, 3, 11, 42, 45, 46, 54, 55, 86, 89, 97, 113, 140, 161A Amend schedules 8, 9, 11 | Act A585 Constitution (Amendment) (No. 2) Act 1984 | Part III: 14-04-1984 except s.24 : 01-02-1974; Part I and Part II: 16-04-1984 |
| 31st | Amend articles 46, 61 | Act A631 Constitution (Amendment) Act 1985 | 24-02-1986 |
| 32nd | Amend articles 5, 83, 85, 86, 118A, 121, 142, 145 Remove articles 84, 158 Amend schedule 9 | Act A704 Constitution (Amendment) Act 1988 | 10-06-1988 |
| 1988 Malaysian constitutional crisis Another milestone in the Constitution's evolution was the amendment to Article 121 in 1988, which effectively put the judiciary under Parliament's influence. The attorney-general was also empowered to determine the courts for cases to be heard. To the legal fraternity and civil society, this eroded the judiciary's autonomy and weakened the separation of powers between the three branches of government – the judiciary, the executive and the legislature. The amendment came in the wake of a series of court cases where the executive accused the judiciary of encroaching on its powers. These cases included a court ruling overturning the government's decision to revoke a foreign correspondent's work permit, judicial reviews of ministerial decisions such as the award of the North South Highway project to UEM, and the declaration of Umno as illegal following a dispute over the party's election in 1987. Then Lord President, Tun Salleh Abas, and several judges, wrote a letter to the King about the efforts to undermine public confidence in the judiciary. He was charged with writing the letter without the approval of all the judges and displaying bias against the government, and was dismissed in August 1988. Five Supreme Court judges who objected to the tribunal set up to decide Salleh's fate were suspended. They were the late Tan Sri Wan Suleiman Pawanteh and Tan Sri Eusoffe Abdoolcader, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Salleh and Datuk George Seah. After Salleh's dismissal, a second tribunal was convened to deal with the five judges, resulting in the dismissal of Wan Suleiman and Seah, while the others were acquitted. Another amendment in 1988 resulted in Article 121 (1)(A), which stipulated a separation of jurisdictions between the civil and syariah courts, whereby the former would have no say over any matter under the syariah court's purview. | |||
| 33rd | Amend articles 48, 139, 141A, 151 Amend schedule 8 | Act A767 Federal Constitution (Amendment) Act 1990 | 11-05-1990 |
| 34th | Amend article 139 | P.U. (A) 149/1990 Constitution of the Public Services Commission Order 1990 | 15-06-1990 |
| 35th | Amend article 141A | P.U. (A) 150/1990 Constitution of the Education Service Commission Order 1990 | 15-06-1990 |
| 36th | Amend articles 46, 65, 113, 132 | Act A837 Constitution (Amendment) Act 1992 | 20-11-1992 |
| 37th | Amend schedule 10 | Act 503 Capitation Grant Act 1993 | 01-01-1992 |
| 38th | Amend articles 32, 38, 42, 63, 72 Insert articles 33A, 181, 182, 183 Amend schedule 8 | Act A848 Constitution (Amendment) Act 1993 | 30-03-1993 |
| More controversial were the 1993 amendments that limited the monarchy's power, stripping the nine hereditary state rulers of immunity from prosecution. This came about after an incident where the then Sultan of Johor, Iskandar of Johor allegedly assaulted a sports coach. | |||
| 39th | Amend article 113 Amend schedule 8 | Act A849 Constitution (Amendment) (No. 2) Act 1993 | 16-07-1993 except s.2 and 4: 20-11-1992 |
| 40th | Amend articles 43, 54 Amend schedules 8, 11 | Act A857 Constitution (Amendment) (No. 3) Act 1993 | 20-08-1993 |
| 41st | Amend articles 4, 37, 40, 43A, 55, 65, 66, 80, 87, 105, 114, 121, 122, 122A, 122B, 122C, 123, 124, 125, 125A, 126, 127, 128, 130, 131A, 132, 134, 138, 139, 142, 143, 145, 148, 151, 152, 160, 161, 161B, 161E, 182 Insert articles 122AA, 122AB Amend schedules 6, 8, 9 | Act A885 Constitution (Amendment) Act 1994 | 24-06-1994 |
| 42nd | Amend schedule 8 | Act A919 Federal Constitution (Amendment) Act 1995 | 21-07-1995 |
| 43rd | Amend article 46 | Act A945 Constitution (Amendment) Act 1996 | 07-06-1996 |
| 44th | Amend articles 1, 3, 11, 42, 45, 46, 89, 97, 113 Amend schedules 9, 11 | Act A1095 Constitution (Amendment) Act 2001 | 01-02-2001 |
| 45th | Amend articles 8, 45, 56, 57, 65, 114, 119, 137 Insert articles 160A, 160B Amend schedules 7, 11 | Act A1130 Constitution (Amendment) (No. 2) Act 2001 | 28-09-2001 |
| 46th | Amend article 141A | P.U. (A) 169/2001 Constitution of the Education Service Commission Order 2001 | 01-03-2001 |
| 47th | Amend article 122A | P.U. (A) 378/2001 Constitution of the Court of Appeal Order 2001 | 01-01-2002 |
| 48th | Amend schedule 10 | Act 622 Capitation Grant Act 2002 | 01-01-2002 |
| 49th | Amend article 46 | Act A1198 Constitution (Amendment) Act 2003 | 15-08-2003 |
| 50th | Amend articles 122, 125 Amend schedules 9, 10 | Act A1239 Constitution (Amendment) Act 2005 | 21-03-2005 except para.5(a): 31-01-2007 |
| 51st | Amend article 122 | P.U. (A) 229/2005 Constitution of the Federal Court Order 2005 | 02-06-2005 |
| 52nd | Amend articles 46, 121, 124, 125 | Act A1260 Constitution (Amendment) (No. 2) Act 2005 | 19-01-2006 except para.3(b): 10-10-2003 |
| 53rd | Amend article 122AA | P.U. (A) 384/2006 Constitution of the High Court (Judges) Order 2006 | 01-10-2006 |
| 54th | Amend article 122A | P.U. (A) 385/2006 Constitution of the Court of Appeal Order 2006 | 01-10-2006 |
| 55th | Amend article 114 | Act A1320 Constitution (Amendment) Act 2007 | 27-12-2007 |
| 56th | Amend article 122 | P.U. (A) 163/2009 Constitution of the Federal Court Order 2009 | 01-05-2009 |
| 57th | Amend article 122A | P.U. (A) 164/2009 Constitution of the Court of Appeal Order 2009 | 01-05-2009 |
| 58th | Amend article 47, 119 Amend schedules 8 | Act A1603 Constitution (Amendment) Act 2019 | 11-09-2019 except s.3: 15-12-2021 |
| This amendment lowers the voting age from 21 to 18 and introduces automatic voter registration | |||
| 59th | Amend article 1, 160, 161A | Act A1642 Constitution (Amendment) Act 2022 | 11-02-2022 |
| 60th | Insert article 119A | Act A1656 Constitution (Amendment) (No. 2) Act 2022 | 15-12-2021 |
| 61st | Amend articles 10, 48, 160 Insert article 49A Amend schedule 8 | Act A1663 Constitution (Amendment) (No. 3) Act 2022 | 5-10-2022 except s.6: 08-12-2022 |
| 2020–2022 Malaysian political crisis Following the political crisis that caused by frequent party switching by MPs. The Constitution (Amendment) No. 3 Act 2022 is tabled to prevent another political crisis that caused by party hopping in the future. | |||
References edit
- ^ "Major changes to the Constitution - the Malaysian Bar".