Constitution of Malaysia - Constitutional Amendments

Constitutional Amendments

The Constitution itself provides by Articles 159 and 161E how it may be amended (it may be amended by federal law), and in brief there are four ways by which it may be amended:

1. Some provisions may be amended only by a two-thirds absolute majority in each House of Parliament but only if the Conference of Rulers consents. These include:

• Amendments pertaining to the powers of sultans and their respective states
• The status of Islam in the Federation
• The special position of the Malays and the natives of Sabah and Sarawak
• The status of the Malay language as the official language

2. Some provisions of special interest to East Malaysia, may be amended by a two-thirds absolute majority in each House of Parliament but only if the Governor of the East Malaysian state concurs. These include:

• Citizenship of persons born before Malaysia Day
• The constitution and jurisdiction of the High Court of Borneo
• The matters with respect to which the legislature of the state may or may not make laws, the executive authority of the state in those matters and financial arrangement between the Federal government and the state.
• Special treatment of natives of the state

3. Subject to the exception described in item four below, all other provisions may be amended by a two-thirds absolute majority in each House of Parliament, and these amendments do not require the consent of anybody outside Parliament

4. Certain types of consequential amendments and amendments to three schedules may be made by a simple majority in Parliament.