6.5   How to Amend the Constitution?


Presentation

In principal, the Parliament and State Legislative Assembly can make amendment to the Constitution. Thus, the Constitution is not rigid. It is alive and functions all the time. However, not all matters can be amended and even cannot be questioned. Do you want to know what the matters that cannot be questioned are? Below are the matters:
  1. The status of Islam as the official religion of the country
  2. The status and privileges of the Malay Rulers, the Malays and Bumiputeras in Sabah and Sarawak
  3. The status of Malay language as the national language
  4. Issues on citizenship
About the amendment, Article 159 and 161 (E) state that the Parliament can amend the Constitution with the following conditions:
  1. Certain articles can be amended with a two-third majority in each chamber of the Parliament (Dewan Negara and Dewan Rakyat) without the consent of anyone outside the Parliament chambers - Article 159 (4)
  2. Certain articles concerning Sabah and Sarawak can be amended with more than a two-third majority in each chamber of the Parliament (Dewan Negara and Dewan Rakyat) provided that the respective Yang Dipertua Negeri agrees on it - Article 161 (E)
  3. Certain articles can only be amended with more than a two-third majority in each chamber of the Parliament (Dewan Negara and Dewan Rakyat) provided that the Council of Rulers (COR) approves it. The approval of COR is needed if the amendments related to the sovereignty of the Malay Rulers, special status and privileges of the Malays and other several sensitive matters of the Constitution

6.5   How to Amend the Constitution?


  1. Articles requiring a majority in the Parliament
The discussion above is about the amendments to the Constitution at the federal level. What about amendment to the State Constitution? Is it the same with the federal? Let us see. For you information and knowledge, the provisions in the State Constitution can be amended by the State laws only. All articles cannot be passed by the State Legislative Assembly (SLA) unless two-third of SLA members supports the amendment during the second and third readings. However, there are some article that do not require the two-thirds majority such amendment to add number of members of the SLA. Even though the federal government has no authority to amend the state constitutions, at the time emergency, the federal government can make amendment on the basis of national security.