6.4   Federal List and State List

Presentation

As mentioned earlier, the Federal Constitution provided for a separation of powers between the federal government and the 13 states government. It ensures the smooth operation and prevents any disputes between the two systems. The Federal Constitution guaranteed the rights and powers of the state government to govern and administer their respective states as long as the states laws are not contradicting the federal laws.

In the Federal Constitution, there are three lists that define the powers of the state and the federal government.

1. Federal List : It states the federal government's powers
2. State List : It states the state government's powers
3. Concurrent List/Joint List : It states the shared powers between the Federal and state government

The powers of the federal government that are mentioned in List 1 of the Federal List under the Ninth Schedule are as follows:

1. External affairs
2. Defense of the federation
3. Internal security
4. Civil and criminal laws
5. Federal citizenship, naturalization and aliens
6. Machinery of government
7. Finance

6.4   Federal List and State List

8. Trade, industry and commerce
9. Shipping, navigation and fisheries
10. Communication and transport
11. Federal works and power
12. Survey, enquiries and research
13. Education
14. Medicine and health
15. Labour and social security
16. Welfare of the aborigines
17. Professional occupations
18. Newspapers and publications
19. Censorship
20. Tourism

Meanwhile, the powers of the state government are mentioned in List 1 of the Federal List under the Ninth Schedule are as follows:

1. Islamic law
2. Family law of Muslim family
3. Malay customs
4. Land
5. Malay reservations

6.4   Federal List and State List

6. Mining
7. Agriculture
8. Burial and cremation grounds
9. Markets and fairs
10. State holidays
11. Turtles and revering fishing

In the Concurrent List, the state governments and the federal government must cooperate and shares their power:

1. Social welfare
2. Scholarships
3. National parks
4. Animal husbandry
5. Town and country planning
6. Public health and sanitation
7. Rehabilitation of mining land
8. Culture and sports