INTRODUCTION TO MALAYSIA’SYSTEM SYTEM AND STRUCTURE OF GOVERNMENT

INTRODUCTION TO MALAYSIA’SYSTEM SYTEM AND STRUCTURE OF GOVERNMENT

To administrator and rule a country is like running a huge organization. Malaysia’s system of administration and government practiced has functioned to ensure the well-being of the people as well as the building of a united nation. The hierarchical system of government, the federal and state government, is able to manage the state and national affairs according to the provisions in the constitution.
The former Malaysian government system two traditional fundamental bodies are the institution of the Yang di - Pertuan Agung and Council of Rulers.
The democratic system of government in the country is further enhanced by the practices of the concept of power being separated among three bodies in the administration of the country, the executive, legislative,
Judiciary.
All three bodies from the axis or pillar which safeguards, maintain, and stabilize the government and administration of the country .The power implemented by the ministries, departments or government agencies. Through federal and state government officers. Act and enactments, each of which is passed by parliament and state Legislative Assembly, help to ensure an efficient administrative government.
A democratic system of government separation of power, distribution and sharing practised by Malaysia a has impressed to people appreciate and support it.


Specialisation of Power (Separation of Power)
The Federation of Malaysia a system of parliamentary democracy. There are three main bodies in the system.
 The Executive
 The Legislative
 The Judiciary

The Executive Body
Although the Constitution accords the Yang di-Pertuan Agong with executive authority, subject to the provisions of any federal law and of the Second Schedule of the Constitution, Parliament may by law confer executive functions on other persons.
Except as otherwise provided for by the Constitution as regards his position and authority, the Yang di-Pertuan Agong usually acts in accordance with the advice of the Cabinet or more specifically, of the Prime Minister, in the exercise of his functions. However, the Yang di-Pertuan Agong is entitled to and at his request, any information concerning the government of the Federation which is available to the Cabinet.
Although the Yang di-Pertuan Agong is to act on the advice of the Cabinet or of a Minister or after consultation with or on the recommendation of any person or body of persons (other than the Cabinet), His Majesty may act in his discretion in the performance of the three following functions, that is to say:

 The appointment of a Prime Minister;
 Consent or the withholding of consent to a request for the dissolution of Parliament;
 The requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honor and dignity of Their Royal Highnesses, and any actions at such a meeting.

The appointment of a person (a member of Parliament) as the Prime Minister is based on his ability to command the confidence of the majority of the members of the House of Representatives. The appointment of members of the Cabinet and Deputy Ministers is made on the advice of the Prime Minister.
Articles 01 and 02 of the Federal Constitution state that:

"01. Executive Authority of Federation

The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable subject to the provision of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet, but Parliament may by law confer executive functions on other persons."

"02. Yang di-Pertuan Agong to act on advice

(1) In the exercise of his functions under this Constitution, or under federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government which is available to the Cabinet.
(1A) In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with that advice.

(2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say:
(a)the appointment of a Prime Minister;

(b)the withholding of consent to a request for the dissolution of Parliament;

(c)the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honour and dignity of Their Royal Highnesses, and any action at such a meeting, and in any other case mentioned in this Constitution.

(3) Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or a body of persons other then the Cabinet to exercise any of his functions other than:

(a)functions exercisable in his discretion; and

(b)functions with respect to the exercise of which provision is made in any other Article."
The Legislative Body
shall be vested The of the Federation legislative authority in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Houses (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives). Since the institution of the Yang di-Pertuan Agong is a component of the Parliament, His Majesty is empowered to exercise the following:

 Summon for the sittings of Parliament from time to time;
 Prorogation and dissolution of Parliament;
 Delivering of the Royal address in any of the two Houses or the two Houses of Parliament during the sitting of both Houses together; and




The Yang di-Pertuan Agong is also vested with the authority to appoint two members of the Senate for the Federal Territory of Kuala Lumpur and one member for the Federal Territory of Labuan. Apart from these members, forty other members of the Senate shall be appointed by the Yang di-Pertuan Agong.

The members of the Senate to be appointed by the Yang di-Pertuan Agong shall be persons who in His Majesty’s opinion are reputable personalities in their communities and have contributed significantly to the society. Other than the distinguished personalities in the fields of economy, commerce, industry, agriculture, cultural and social activities, reputable personalities representing the minority groups such as aborigines, may also be appointed as members of the Senate.


Constitution of Parliament.
The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives)."


Composition of Senate.
(1) Subject to Clause (4) the Senate shall consist of elected and appointed members as follows:
(a) two members for each State shall be elected in accordance with the Seventh Schedule; and
(aa) two members for the Federal Territory of Kuala Lumpur, one member for the Federal Territory of Labuan and one member for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong; and
(b) forty members shall be appointed by the Yang di Pertuan Agong.

(2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.

(3) The term of office of a member of the Senate shall, subject to provisions of the
Seventh Schedule, be three years and shall not be affected by dissolution of Parliament.

(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.

(4) Parliament may by law:
(a) increase to three the number of members to be elected for each State;
(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;
(c) decrease the number of appointed members or abolish appointed members."


The Judicial Body

The Yang di-Pertuan Agong also plays a significant role in the judiciary. It is the responsibility of the Yang di-Pertuan Agong to appoint the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, the judges of the Federal Court, the judges of the Court of Appeal and the judges of the High Courts on the advice of the Prime Minister after consultation with the Conference of Rulers. His Majesty may also appoint any person qualified as a judge of the High Court to be a Judicial Commissioner (who has the powers of a High Court judge) on the advice of the Prime Minister after consultation with the Chief Justice of the Federal Court (a transitional stage before being appointed as a High Court Judge.)

Apart from the abovementioned powers, the Yang di-Pertuan Agong may also extend the tenure of office of a judge who has reached the age of 65 years. However, such extension shall not exceed six months after he has attained the age of 65 years. A judge of the Federal Court may resign his office at any time by writing under his hand addressed to the Yang di-Pertuan Agong.

On the matter of removing a judge from office, the Federal Constitution provides that the Prime Minister or the Chief Justice of the Federal Court after consulting the Prime Minister
may make representations to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed from office on the grounds of breach of any provisions of the code of ethics or on the grounds of inability to discharge the functions of his office owing to infirmity of body or mind or any other cause. After receiving such representations the Yang di-Pertuan Agong shall appoint a tribunal and may on the recommendation of the tribunal remove the judge from office.

It should be noted that the Yang di-Pertuan Agong is not vested with the authority to remove a judge from office of his own free will. Only after receiving representations made by the Prime Minister or the Chief Justice of the Federal Court and on the recommendation of the tribunal, may the Yang di-Pertuan Agong remove a judge from office.
However, the Yang di-Pertuan Agong may act in his discretion to either accept or reject the recommendation of the tribunal to remove a judge or to allow the judge to continue in
his office.

HIERARCHICAL ORDER OF THE FEDERAL COURT, COURT OF APPEAL AND HIGH COURT JUDGES

Constitution of the Federal Court

Chief Justice of the Federal Court
-
1
President of the Court of Appeal - 1
Chief Judges of the High Courts of Malaya, Sabah and Sarawak - 2
Judges of the Federal Court - 7
Constitution of the Court of Appeal

President of the Court of Appeal
-
1
Judges of the Court of Appeal - 10
Constitution of the High Courts

Judges of the High Courts of Malaya
-
47
Judges of the High Courts of Sabah and Sarawak - 10
POWERS TO PROCLAIM EMERGENCY
His Majesty the Yang di-Pertuan Agong having been satisfied, in accordance with Article 150 of the Federal Constitution, that a grave state of emergency exists threatening the security, life, economy or public order in the Federation or in the States, may issue a Proclamation of Emergency.


Proclamation of Emergency 

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2a) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2b) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.
(2c) An ordinance promulgated under Clause (2b) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2b) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2b) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer of authority thereof.

(5) Subject to Clause (6a), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6a), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6a) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.
(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution:
(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2b) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and

(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of
(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1);
(ii) the continued operation of such Proclamation;
(iii) any ordinance promulgated under Clause (2b); or
(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House."


HEAD OF RELIGION OF ISLAM
Article A of the Federal Constitution requires that the Constitutions of the States of Malacca, Penang, Sabah and Sarawak make provisions for conferring on the Yang di-Pertuan Agong the position of Head of the religion of Islam in the States. His Majesty is also the Head of the religion of Islam in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan and in his own State. He may also appoint persons to occupy certain posts for the States of Penang, Malacca and the Federal Territories on the advice of the Council of the religion of Islam in these States. For the States of Sabah and Sarawak the power to appoint such persons has been delegated to the Yang di-Pertua Negeri by the Yang di-Pertuan Agong.
Article A of the Federal Constitution provides that:
"A. Religion of the Federation.
(1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.
(2) In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution of that State, and subject to that Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observances or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of religion of Islam authorize the Yang di-Pertuan Agong to represent him."