List of amendments to the Constitution of Malaysia

31-08-1957; s.32 (para.14 of Schedule:01-12-1960;
s.12, 14, 15, 17 to 23, 28, 29 and 34, s.32 (subsubpara.(c) of para.1 of Schedule and para.4 to para.11 of Schedule) : 21-06-1962; s.16, 25 and 33: 15-07-1962; s.2, 3, 4, 6, 9, 10, 11, 26 and 27, s.32 (para.3 and 12 of Schedule): 01-10-1962; s.5, s.32 (subsubpara.(a) and (b) of para.1 of Schedule): 01-07-1963; s.7, s.32 (para.2 of Schedule): 01-02-1964; s.32 (para.13 of Schedule): 16-09-1963

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.

s.2, 3, 4 and 5: 01-01-1974

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.