Pakistan Muslim League-Nawaz (PML-N) government had introduced the 13th amendment in the interim constitution of AJK on May 31, 2018.

Pakistan Muslim League-Nawaz (PML-N) government had introduced the 13th amendment in the interim constitution of AJK on May 31, 2018.

Moreover, instead of originating the bill either in the council or the assembly, the government of AJK presented it directly in the joint sitting of AJK council and legislative assembly on the same day and got it passed. The bill presented and passed by the government of AJK was beyond the approved bill of the cabinet. The following amendments were made in the constitution. Continue reading

Azad Jammu and Kashmir Interim Constitution Act, 1974.

In 1970  the system of adult franchise was adopted and a democratic setup was introduced in Azad Jammu and Kashmir through Azad Jammu and Kashmir Act, 1970. For the first time, the Legislative Assembly, as well as President of Azad Jammu and Kashmir, were also elected on the basis of adult franchise by the people of Azad Jammu and Kashmir, and the refugees of Jammu and Kashmir settled in Pakistan.The presidential system of government worked for about 4 years when, in 1974, the parliamentary system was introduced in AJ&K under the AJ&K interim Constitution Act, 1974, which has undergone about 13 amendments so far. Continue reading

What is Constitution ?

In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held :-

The hierarchical structure of the legal order of a State is that the Constitution is the highest level within national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only when special prescriptions are observed. The purpose of special prescriptions is to render the change of these norms more difficult by regulating the manner and form of these amendments. The Constitution consists of those rules which regulate the creation of the general legal norms, in particular, the creation of statutes. It is because of the material Constitution that there is a special form for constitutional law. If there is a constitutional form then constitution laws must be distinguished front ordinary laws. The material Constitution may determine not only the organs and procedure of legislation, but also, to some degree the contents of future laws. The Constitution can negatively determine that the laws must not have a certain content e.g. that the Parliament may not pass any statute which restricts religious freedom. In this negative way not only contents of statutes but of the other norms of legal order, judicial and administrative decisions likewise, may be determined by the Constitution. The Constitution can also positively prescribe certain contents of future statutes. This may be illustrated with reference to the provisions in Article 22 that no person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

133. Articles 245 and 246 give plenary powers to legislatures to legislate. The only question is whether any provision of the Constitution is violated. The power of plenary body is not to be construed like the power of a delegate. The largest kind of power will be attributed to legislature. The only prohibition is with reference to the provisions of the Constitution. The Constitution is the conclusive instrument by which powers are affirmatively created or negatively restricted. The only relevant test for the validity of a statute made under Article 245 is whether the legislation is within the scope of the affirmative grant of power or is forbidden by some provision of the Constitution.

134. To accept the basic features or basic structures theory with regard to ordinary legislation would mean that there would be two kinds of limitations for legislative measures. One will pertain to legislative power under Articles 245 and 246 and the legislative entries and the provision in Article 13. The other would be that no legislation can be made as to damage or destroy basic features or basic structures. This will mean rewriting the Constitution and robbing the legislature of acting within the framework of the Constitution. No legislation can be free from challenge on this ground even though the legislative measure is within the plenary powers of the legislature.

135. The theory of implied limitations on the power of amendment of the Constitution has been rejected by seven Judges in Kesavananda Bharati’s case (supra). Our Constitution has not adopted the due process clause of the American Constitution. Reasonableness of legislative measures is unknown to our Constitution. The crucial point is that unlike the American Constitution where rights are couched in wide general terms leaving it to the Courts to evolve necessary limitations our Constitution has denied due process as a test of invalidity of law. In A. K. Gopalan v. State of Madras, (1950) SCR 88 due process was rejected by clearly limiting the rights acquired and by eliminating the indefinite due process. Our Constitution contemplates that considerations of justice or general welfare might require restriction on enjoyment of fundamental rights.

136. The theory of basic structures or basic features is an exercise in imponderables. Basic structures or basic features are indefinable. The legislative entries are the fields of legislation. The pith and substance doctrine has been applied in order to find out legislative competency, and eliminate encroachment on legislative entries. If the theory of basic structures or basic features will be applied to legislative measures it will denude Parliament and State legislatures of the power of legislation and deprive them of laying down legislative policies. This will be encroachment on the separation of powers.

137. The Constitutional validity of a statute depends entirely on the existence of the legislative power and the express provision in Article 13. Apart from the limitation the legislature is not subject to any other prohibition. The amendments made to the 1951 Act by the Amendment Acts, 1974 and 1975 are to give effect to certain views expressed by this Court in preference to certain views departed from or otherwise to clarify the original intention. It is within the powers of Parliament to frame laws with regard to elections. Parliament has power to enumerate and define election expenses Parliament has power to lay down limits on election expenses. Parliament has power to state whether certain expenses can be included or may be excluded from election expenses. Parliament has power to adopt conclusive proof with regard to matters of appointment resignation or termination of service. Parliament has power to state what can be considered to be office of profit. Parliament has power to state as to what will and what will not constitute corrupt practice. Parliament has power to enact what will be the ground for disqualification. Parliament has power to define “candidate”. Parliament has power to state what symbols will be allotted to candidates at election. These are all legislative policies.

138. The conclusive evidence or conclusive proof clause is an accepted legislative measure. Similarly, giving retrospective effect to legislative amendment is accepted to be valid exercise of legislative power. The well-known pattern of all Validation Acts by which the basis of judgments or orders of competent Courts and Tribunals is changed and the judgments and orders are made ineffective is to be found in M. P. V. Sundaramier and Co. v. The State of Andhra Pradesh, (1958) SCR 1422 . The power of the legislature to pass a law includes a power to pass it retrospectively. An important illustration with reference to retrospective legislation in regard to election is the decision of this Court in Kanta Kathuria’s case (supra). Kanta Kathuria was disqualified by reason of holding an office of profit. First the Ordinance and later the Act was passed to nullify the decision of the High Court. The Ordinance as well as the Act stated that notwithstanding any judgment or order of any Court or Tribunal, the officer shall not be disqualified or shall be deemed never to have disqualified the holders thereof as a member of the Legislative Assembly. The rendering of a judgment ineffective by changing the basis by legislative enactment is not encroachment on judicial power because the legislation is within the competence of the legislature.

Constitution of the Kingdom of the Netherlands of August 24, 1815

The Netherlands is a hereditary constitutional monarchy, with a parliamentary form of government based on the principles of ministerial responsibility, with the Monarch as the Head of State. The Kingdom of the Netherlands dates from 1814. The Constitution of the Netherlands (hereinafter “NC”) was adopted in 1814 and was last amended on 7 July 2002.

CHAPTER 1, Fundamental rights

Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23

CHAPTER 2, Government
§ 1. The King
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
§ 2. The King and the Ministers
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49

CHAPTER 3, The States General
§ 1. Organisation and composition
Article 50
Article 51
Article 52
Article 53
Article 54
Article 55
Article 56
Article 57
Article 58
Article 59
Article 60
Article 61
Article 62
Article 63
Article 64
§ 2. Procedure
Article 65
Article 66
Article 67
Article 68
Article 69
Article 70
Article 71
Article 72

CHAPTER 4, Council of State, Court of Audit, National Ombudsman and permanent advisory bodies
Article 73
Article 74
Article 75
Article 76
Article 77
Article 78
Article 78a
Article 79
Article 80

CHAPTER 5, Legislation and administration
§ 1. Acts of Parliament and other regulations
Article 81
Article 82
Article 83
Article 84
Article 85
Article 86
Article 87
Article 88
Article 89
§ 2. Miscellaneous Provisions
Article 90
Article 91
Article 92
Article 93
Article 94
Article 95
Article 96
Article 97
Article 98
Article 99
Article 99a
Article 100
Article 101
Article 102
Article 103
Article 104
Article 105
Article 106
Article 107
Article 108
Article 109
Article 110
Article 111

CHAPTER 6, The administration of justice
Article 112
Article 113
Article 114
Article 115
Article 116
Article 117
Article 118
Article 119
Article 120
Article 121
Article 122

CHAPTER 7, Provinces, municipalities, water boards and other public bodies
Article 123
Article 124
Article 125
Article 126
Article 127
Article 128
Article 129
Article 130
Article 131
Article 132
Article 133
Article 134
Article 135
Article 136

CHAPTER 8, Revision of the Constitution
Article 137
Article 138
Article 139
Article 140
Article 141
Article 142

Additional articles
Article I
Articles II-VIII
Article IX
Article X
Article XI
Articles XII-XVI
Article XVII
Article XVIII
Article XIX
Article XX
Article XXI
Articles XXII-XXIII
Articles XXIV-XXV
Articles XXVI-XXIX
Article XXX
Articles of the 1972 text of the Constitution which are to remain in force for the time being
Article 81
Article 130

The Constitution of the Kingdom of the Netherlands 2002
Published by the Ministry of the Interior and Kingdom Relations, Constitutional Affairs and Legislation Department, in collaboration with the Translation Department of the Ministry of Foreign Affairs

Fundamental rights 5
Government 10
The States General 15
National Ombudsman and permanent
advisory bodies
water boards and other public bodies
which are to remain in force for the time being
Council of State, Court of Audit, 19
Legislation and administration 21
The administration of justice 26
Provinces, municipalities, 28
Revision of the Constitution 31
Additional articles 33
Articles of the 1972 text of the Constitution 35

Devider

CHAPTER 1 Fundamental rights

Article 1

All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted.

Article 2

Dutch nationality shall be regulated by Act of Parliament.
The admission and expulsion of aliens shall be regulated by Act of Parliament.
Extradition may take place only pursuant to a treaty. Further regulations concerning extradition shall be laid down by Act of Parliament.
Everyone shall have the right to leave the country, except in the cases laid down by Act of Parliament.

Article 3

All Dutch nationals shall be equally eligible for appointment to public service.

Article 4

Every Dutch national shall have an equal right to elect the members of the general representative bodies and to stand for election as a member of those bodies, subject to the limitations and exceptions prescribed by Act of Parliament.

Article 5

Everyone shall have the right to submit petitions in writing to the competent authorities.

Article 6

Everyone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law.
Rules concerning the exercise of this right other than in buildings and enclosed places may be laid down by Act of Parliament for the protection of health, in the interest of traffic and to combat or prevent disorders.
Article 7

No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.
Rules concerning radio and television shall be laid down by Act of
Parliament. There shall be no prior supervision of the content of a radio or television broadcast.

No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.
The preceding paragraphs do not apply to commercial advertising.
Article 8

The right of association shall be recognised. This right may be restricted by Act of Parliament in the interest of public order.

Article 9

The right of assembly and demonstration shall be recognised, without prejudice to the responsibility of everyone under the law.
Rules to protect health, in the interest of traffic and to combat or prevent disorders may be laid down by Act of Parliament.

Article 10

Everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
Rules to protect privacy shall be laid down by Act of Parliament in connection with the recording and dissemination of personal data.
Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to have such data corrected shall be laid down by Act of Parliament.

Article 11

Everyone shall have the right to inviolability of his person, without prejudice to restrictions laid down by or pursuant to Act of Parliament.

Article 12

Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of Parliament, by those designated for the purpose by or pursuant to Act of Parliament.
Prior identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to the exceptions prescribed by Act of Parliament.
A written report of the entry shall be issued to the occupant as soon as possible. If the entry was made in the interests of state security or criminal proceedings, the issue of the report may be postponed under rules to be laid down by Act of Parliament. A report need not be issued in cases, to be determined by Act of Parliament, where such issue would never be in the interests of state security.
The privacy of correspondence shall not be violated except in the cases laid down by Act of Parliament, by order of the courts.
The privacy of the telephone and telegraph shall not be violated except, in the cases laid down by Act of Parliament, by or with the authorisation of those designated for the purpose by Act of Parliament.

Article 14

Expropriation may take place only in the public interest and on prior assurance of full compensation, in accordance with regulations laid down by or pursuant to Act of Parliament.
Prior assurance of full compensation shall not be required if in an emergency immediate expropriation is called for.
In the cases laid down by or pursuant to Act of Parliament there shall be a right to full or partial compensation if in the public interest the competent authority destroys property or renders it unusable or restricts the exercise of the owner’s rights to it.

Article 15

Other than in the cases laid down by or pursuant to Act of Parliament, no one may be deprived of his liberty.
Anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. In such a case he shall be heard by the court within a period to be laid down by Act of Parliament. The court shall order his immediate release if it considers the deprivation of liberty to be unlawful.
The trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period.
A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as the exercise of such rights is not compatible with the deprivation of liberty.
Article 16

No offence shall be punishable unless it was an offence under the law at the time it was committed.

Article 17

No one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law.

Article 18

Everyone may be legally represented in legal and administrative proceedings.
Rules concerning the granting of legal aid to persons of limited means shall be laid down by Act of Parliament.
It shall be the concern of the authorities to promote the provision of s u fficient employment.
Rules concerning the legal status and protection of working persons and concerning codetermination shall be laid down by Act of Pa r l i a m e n t .
The right of every Dutch national to a free choice of work shall be recognised, without prejudice to the restrictions laid down by or pursuant to Act of Pa r l i a m e n t .
Article 20

It shall be the concern of the authorities to secure the means of subsistence of the population and to achieve the distribution of wealth.
Rules concerning entitlement to social security shall be laid down by Act of Pa r l i a m e n t .
Dutch nationals resident in the Netherlands who are unable to provide for themselves shall have a right, to be regulated by Act of Parliament, to aid from the authorities.
Article 21

It shall be the concern of the authorities to keep the country habitable and to protect and improve the environment.

Article 22

The authorities shall take steps to promote the health of the population.
It shall be the concern of the authorities to provide sufficient living acco m m o d a t i o n .
The authorities shall promote social and cultural development and leisure activities.

Article 23

Education shall be the constant concern of the Government.
All persons shall be free to provide education, without prejudice to the a u t h o r i t i e s’ right of supervision and, with regard to forms of education designated by law, their right to examine the competence and moral integrity of teachers, to be regulated by Act of Pa r l i a m e n t .
Education provided by public authorities shall be regulated by Act of Parliament, paying due respect to everyone’s religion or belief.
The authorities shall ensure that primary education is provided in a s u fficient number of public-authority schools in every municipality. Deviations from this provision may be permitted under rules to be established by Act of Parliament on condition that there is opportunity to receive the said form of education.
The standards required of schools financed either in part or in full from public funds shall be regulated by Act of Parliament, with due regard, in the case of private schools, to the freedom to provide education according to religious or other belief.
The requirements for primary education shall be such that the standards both of private schools fully financed from public funds and of public-authority schools are fully guaranteed. The relevant provisions shall respect in particular the freedom of private schools to choose their teaching aids and to appoint teachers as they see fi t .
Private primary schools that satisfy the conditions laid down by Act of Parliament shall be financed from public funds according to the same standards as public-authority schools. The conditions under which private secondary education and pre-university education shall receive contributions from public funds shall be laid down by Act of Pa r l i a m e n t .

The Government shall submit annual reports on the state of education to the States Gene ral .

CHAPTER 2

Government

§ 1. The King

Article 24

The title to the Throne shall be hereditary and shall vest in the legitimate descendants of King William I, Prince of Orange-Nassau.

Article 25

On the death of the King, the title to the Throne shall pass by hereditary succession to the King’s legitimate descendants in order of seniority, the same rule governing succession by the issue of descendants who predecease the King. If the King has no descendants, the title to the Throne shall pass in the same way to the legitimate descendants of the K i n g’s parent and then of his grandparent who are in the line of succession but are not further removed from the deceased King than the third degree of consanguinity.

Article 26

For the purposes of hereditary succession, the child of a woman pregnant at the moment of the death of the King shall be deemed already born. If it is stillborn it shall be deemed to have never existed.

Article 27

Hereditary succession to the Throne in the event of abdication shall take place according to the rules set out in the above articles. Children born a fter an abdication and their descendants shall be excluded from the hereditary succession.

Article 28

The King shall be deemed to have abdicated if he contracts a marriage without having obtained consent by Act of Parliament .
Anyone in line of succession to the Throne who contracts such a marriage shall be excluded from the hereditary succession, together with any children born of the marriage and their issue.
The two Houses of the States General (Parliament) shall meet to consider and decide upon a Bill for granting such consent in joint session.

Article 29

One or more persons may be excluded from the hereditary succession by Act of Parliament if exceptional circumstances necessitate.
The Bill for this purpose shall be presented by or on behalf of the King. The two Houses of the States General shall consider and decide upon the matter in joint session. Such a Bill shall be passed only if at least two-thirds of the votes cast are in favour.
A successor to the Throne may be appointed by Act of Parliament if it appears that there will otherwise be no successor. The Bill shall be presented by or on behalf of the King, upon which the Houses shall be dissolved. The newly convened Houses shall discuss and decide upon the matter in joint session. Such a Bill shall be passed only if at least two-thirds of the votes cast are in favour.
The Houses shall be dissolved if there is no successor on the death or abdication of the King. The newly convened Houses shall meet in joint session within four months of the decease or abdication in order to decide on the appointment of a King. They may appoint a successor only if at least two-thirds of the votes cast are in favour.

Article 31

An appointed King may be succeeded only by his legitimate descendants by virtue of hereditary succession.
The provisions on hereditary succession and the first paragraph of this article shall apply mutatis mutandis to an appointed successor who has not yet become King.

Article 32

Upon assuming the royal prerogative the King shall be sworn in and inaugurated as soon as possible in the capital city, Amsterdam, at a public and joint session of the two Houses of the States General. The King shall swear or promise allegiance to the Constitution and that he will faithfully discharge his duties. Specific rules shall be laid down by Act of parliament .

Article 33

The King shall not exercise the royal prerogative before attaining the age of eighteen.

Article 34

Parental responsibility for and guardianship of a King who is a minor, and the supervision thereof, shall be regulated by Act of Parliament. The two Houses of the States General shall meet in joint session to consider and decide upon the matter.

Article 35

If the Cabinet (Ministerraad) is of the opinion that the King is unable to exercise the royal prerogative it shall inform the two Houses of the States General accordingly and shall also present to them the recommendation it has requested from the Council of State (Raad van State). The two Houses of the States General shall then meet in joint session.
If the two Houses of the States General share this opinion, they shall then resolve that the King is unable to exercise the royal prerogative. This
resolution shall be made public on the instructions of the Speaker presiding over the joint session and shall enter into force immediately.

As soon as the King regains the ability to exercise the royal prerogative, notice of the fact shall be given in an Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session. The King shall resume the exercise of the royal prerogative as soon as the Act has been made public.
If it has been resolved that the King is unable to exercise the royal prerogative, guardianship over his person shall, if necessary, be regulated by Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session.
Article 36

The King may temporarily relinquish the exercise of the royal prerogative and resume the exercise thereof pursuant to Act of Parliament. The relevant Bill shall be presented by or on behalf of the King. The two Houses of the States General shall consider and decide upon the matter in joint session.

Article 37

  1. The royal prerogative shall be exercised by a Regent:

a. until the King has attained the age of eighteen;
b. if the title to the Throne may vest in an unborn child;
c. if it has been resolved that the King is unable to exercise the royal prerogative;
d. if the King has temporarily relinquished the exercise of the royal prerogative;
e. in the absence of a successor following the death or abdication of the King.

The Regent shall be appointed by Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session.
In the cases specified in paragraph 1 (c) and (d) above, the descendant of the King who is the heir presumptive shall become Regent by right if he has attained the age of eighteen.
The Regent shall swear or promise allegiance to the Constitution and that he will faithfully discharge his duties before the two Houses of Parliament meeting in joint session. Rules regarding the office of Regent shall be made by Act of Parliament, which may contain provisions for succession and replacement. The two Houses of the States General shall consider and decide upon the matter in joint session.
Articles 35 and 36 shall apply mutatis mutandis to the Regent.

Article 38

The royal prerogative shall be exercised by the Council of State until such time as alternative provision is made for the exercise of such power.

Article 40

The King shall receive annual payments from the State according to rules to be laid down by Act of Parliament. The Act shall also specify which other members of the Royal House shall receive payments from the State and shall regulate the payments themselves.
The payments received by them from the State, together with such assets as are of assistance to them in the exercise of their duties, shall be exempt from personal taxation. In addition anything received by the King or his heir presumptive from a member of the Royal House by inheritance or as a gift shall be exempt from inheritance tax, transfer tax or gifts tax. Additional exemption from taxation may be granted by Act of Parliament.
Bills containing legislation as referred to in the previous paragraphs may be passed by the States General only if at least two-thirds of the votes cast are in favour.

Article 41

The King shall organise his Household, taking due account of the public interest.

§ 2. The King and the Ministers

Article 42

The Government shall comprise the King and the Ministers.
The Ministers, and not the King, shall be responsible for acts of government.

Article 43

The Prime Minister and the other Ministers shall be appointed and dismissed by Royal Decree.

Article 44

Ministries shall be established by Royal Decree. They shall be headed by a Minister.
Non-departmental Ministers may also be appointed.

Article 45

The Ministers shall together constitute the Cabinet.
The Prime Minister shall chair the Cabinet.
The Cabinet shall consider and decide upon overall government policy and shall promote the coherence thereof.
State Secretaries may be appointed and dismissed by Royal Decree.
A State Secretary shall act with ministerial authority in place of the Minister in cases in which the Minister considers it necessary; the State Secretary shall observe the Minister’s instructions in such cases. Responsibility shall rest with the State Secretary without prejudice to the responsibility of the Minister.

Article 47

All Acts of Parliament and Royal Decrees shall be signed by the King and by one or more Ministers or State Secretaries.

Article 48

The Royal Decree appointing the Prime Minister shall be countersigned by the latter. Royal Decrees appointing or dismissing Ministers and State Secretaries shall be countersigned by the Prime Minister.

Article 49

Upon accepting office Ministers and State Secretaries shall swear an oath or make an affirmation and promise in the presence of the King, in the manner prescribed by Act of Parliament, that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Constitution and that they will faithfully discharge their duties.

CHAPTER 3

The States General

§ 1. Organisation and composition

Article 50

The States General shall represent the entire people of the Netherlands.

Article 51

The States General shall consist of a Lower House (Tweede Kamer) and an Upper House (Eerste Kamer).
The Lower House shall consist of one hundred and fifty members.
The Upper House shall consist of seventy-five members.
The two Houses shall be deemed a single entity when they meet in joint session.
Article 52

The duration of both Houses shall be four years.
The duration of the Upper House shall be amended accordingly if the duration of the provincial councils (provinciale staten) is altered by Act of Parliament to a term other than four years.

Article 53

The members of both Houses shall be elected by proportional representation within the limits to be laid down by Act of Parliament.
Elections shall be by secret ballot.

Article 54

The members of the Lower House shall be elected directly by Dutch nationals who have attained the age of eighteen, with the exception of any Dutch nationals who may be excluded by Act of Parliament by virtue of the fact that they are not resident in the Netherlands.
The following persons shall not be entitled to vote:
a.
anyone who has committed an offence designated by Act of Parliament and has been sentenced as a result by a final and conclusive judgment of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting;
b.
anyone who has been deemed legally incompetent by a final and conclusive judgment of a court because of mental disorder.

Article 55

The members of the Upper House shall be chosen by the members of the provincial councils. The election shall take place not more than three months after the election of the members of the provincial councils except in the event of the dissolution of the House.

To be eligible for membership of the States General, a person must be a Dutch national, must have attained the age of eighteen years and must not have been disqualified from voting.

Article 57

No one may be a member of both Houses.
A member of the States General may not be a Minister, State Secretary, member of the Council of State, member of the Court of Audit (Algemene Rekenkamer), National Ombudsman or Deputy Ombudsman, member of the Supreme Court, or Procurator General or Advocate General at the Supreme Court.
Notwithstanding the above, a Minister or State Secretary who has offered to tender his resignation may combine the said office with membership of the States General until such time as a decision is taken on such resignation.
Other public functions which may not be held simultaneously by a person who is a member of the States General or of one of the Houses may be designated by Act of Parliament.

Article 58

Each House shall examine the credentials of its newly appointed members and shall decide with due reference to rules to be established by Act of Parliament any disputes arising in connection with the credentials or the election.

Article 59

All other matters pertaining to the right to vote and to elections shall be regulated by Act of Parliament.

Article 60

Upon accepting office members of the Houses shall swear an oath or make an affirmation and promise before the House in the manner prescribed by Act of Parliament that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Constitution and that they will faithfully discharge their duties.

Article 61

Each House shall appoint a Speaker from among its members.
Each House shall appoint a Clerk who, like the other officials of the two Houses, may not be a member of the States General.

Article 62

The Speaker of the Upper House shall preside when the two Houses meet in joint session.

Financial remuneration for members and former members of the States General and their dependants shall be regulated by Act of Parliament. The Houses may pass a Bill on the matter only if at least two-thirds of the votes cast are in favour.

Article 64

Each of the Houses may be dissolved by Royal Decree.
A decree for dissolution shall also require new elections to be held for the House which has been dissolved and the newly elected House to meet within three months.
The dissolution shall take effect on the day on which the newly elected House meets.
The duration of a Lower House that meets following a dissolution shall be determined by Act of Parliament; the term may not exceed five years. The duration of an Upper House that meets following a dissolution shall end at the time at which the duration of the dissolved House would have ended.

§ 2. Procedure

Article 65

A statement of the policy to be pursued by the Government shall be given by or on behalf of the King before a joint session of the two Houses of the States General that shall be held every year on the third Tuesday in September or on such earlier date as may be prescribed by Act of Parliament.

Article 66

The sittings of the States General shall be held in public.
The sittings shall be held in camera if one tenth of the members present so require or if the Speaker considers it necessary.
The House, or the two Houses meeting in joint session, shall then decide whether the deliberations are to continue and the decisions to be taken in camera.

Article 67

The two Houses may deliberate or take decisions, either separately or in joint session, only if more than half of the members are present.
Decisions shall be taken by majority.
The members shall not be bound by a mandate or instructions when casting their votes.
Voting on items of business not relating to individuals shall be oral and by roll call if requested by one member.
Ministers and State Secretaries shall provide, orally or in writing, the Houses either separately or in joint session with any information requested by one or more members, provided that the provision of such information does not conflict with the interests of the State.

Article 69

Ministers and State Secretaries shall have the right to attend sittings of the States General and may take part in the deliberations.
They may be invited to be present at sittings of the Houses of the States General meeting either separately or in joint session.
They may be assisted at the sittings by persons nominated by them.

Article 70

The two Houses shall jointly and separately have the right of inquiry (enquête) to be regulated by Act of Parliament.

Article 71

Members of the States General, Ministers, State Secretaries and other persons taking part in deliberations may not be prosecuted or otherwise held liable in law for anything they say during the sittings of the States General or of its committees or for anything they submit to them in writing.

Article 72

Each House of the States General and the two Houses in joint session shall draw up rules of procedure.

CHAPTER 4

Council of State, Court of Audit, National Ombudsman and permanent advisory bodies

Article 73

The Council of State or a division of the Council shall be consulted on Bills and draft orders in council as well as proposals for the approval of treaties by the States General. Such consultation may be dispensed with in cases to be laid down by Act of Parliament.
The Council or a division of the Council shall be responsible for investigating administrative disputes where the decision has to be given by Royal Decree, and for advising on the ruling to be given in the said dispute.
The Council or a division of the Council may be required by Act of Parliament to give decisions in administrative disputes.

Article 74

The King shall be President of the Council of State. The heir presumptive shall be legally entitled to have a seat on the Council on attaining the age of eighteen. Other members of the Royal House may be granted a seat on the Council by or in accordance with an Act of Parliament.
The members of the Council shall be appointed for life by Royal Decree.
They shall cease to be members of the Council on resignation or on attaining an age to be determined by Act of Parliament.
They may be suspended or dismissed from membership by the Council in instances specified by Act of Parliament.
Their legal status shall in other respects be regulated by Act of Parliament.

Article 75

The organisation, composition and powers of the Council of State shall be regulated by Act of Parliament.
Additional duties may be assigned to the Council or a division of the Council by Act of Parliament.

Article 76

The Court of Audit (Algemene Rekenkamer) shall be responsible for examining the State’s revenues and expenditures.

Article 77

The members of the Court of Audit shall be appointed for life by Royal Decree from a list of three persons per vacancy drawn up by the Lower
They shall cease to be members on resignation or on attaining an age to be determined by Act of Parliament.
They may be suspended or dismissed from membership by the Supreme Court in cases to be laid down by Act of Parliament.
Their legal status shall in other respects be regulated by Act of Parliament.

Article 78

The organisation, composition and powers of the Court of Audit shall be regulated by Act of Parliament.
Additional duties may be assigned to the Court of Audit by Act of Parliament.

Article 78a

The National Ombudsman shall investigate, on request or of his own accord, actions taken by administrative authorities of the State and other administrative authorities designated by or pursuant to Act of Parliament.
The National Ombudsman and a Deputy Ombudsman shall be appointed by the Lower House of the States General for a period to be determined by Act of Parliament. They may resign or retire on attaining an age to be determined by Act of Parliament. They may be suspended or dismissed by the Lower House of the States General in instances specified by Act of Parliament. Their legal status shall in other respects be regulated by Act of Parliament.
The powers and methods of the National Ombudsman shall be regulated by Act of Parliament.
Additional duties may be assigned to the National Ombudsman by or pursuant to Act of Parliament.

Article 79

Permanent bodies to advise on matters relating to legislation and administration of the State shall be established by or pursuant to Act of Parliament.
The organisation, composition and powers of such bodies shall be regulated by Act of Parliament.
Duties in addition to advisory ones may be assigned to such bodies by or pursuant to Act of Parliament.

Article 80

The recommendations made by the bodies referred to in the present chapter shall be made public according to rules to be laid down by Act of Parliament.
Other than in cases to be laid down by Act of Parliament, recommendations made in respect of Bills presented by or on behalf of the King shall be submitted to the States General.

CHAPTER 5

Legislation andadministration
§ 1. Acts of Parliament and other regulations

Article 81

Acts of Parliament shall be enacted jointly by the Government and the States General.

Article 82

Bills may be presented by or on behalf of the King or by the Lower House of the States General.
Bills which require consideration by a joint session of the States General may be presented by or on behalf of the King or by a joint session of the States General insofar as this is consistent with the relevant articles of Chapter 2.
Bills to be presented by the Lower House or by a joint session of the States General shall be introduced in the House or the joint session as the case may be by one or more members.

Article 83

Bills presented by or on behalf of the King shall be sent to the Lower House or to the joint session if consideration by a joint session of the States General is required.

Article 84

A Bill presented by or on behalf of the King that has not yet been passed by the Lower House or by a joint session of the States General may be amended by the House or the joint session as the case may be on the proposal of one or more members or by the Government.
Any Bill being presented by the Lower House or a joint session of the States General that has not yet been passed may be amended by the House or joint session as the case may be on the proposal of one or more members or by the member or members introducing the Bill.

Article 85

As soon as the Lower House passes a Bill or resolves to present a Bill, it shall send it to the Upper House which shall consider the Bill as sent to it by the Lower House. The Lower House may instruct one or more of its members to defend a Bill presented by it in the Upper House.

Article 86

A Bill may be withdrawn by or on behalf of the proposer until such time as it is passed by the States General.
A Bill which is to be presented by the Lower House or by a joint session of the States General may be withdrawn by the member or members introducing it until such time as it is passed.

Article 87

A Bill shall become an Act of Parliament once it has been passed by the States General and ratified by the King.
The King and the States General shall inform each other of their decision on any Bill.

Article 88

The publication and entry into force of Acts of Parliament shall be regulated by Act of Parliament. They shall not enter into force before they have been published.

Article 89

Orders in council shall be established by Royal Decree.
Any regulations to which penalties are attached shall be embodied in such orders only in accordance with an Act of Parliament. The penalties to be imposed shall be determined by Act of Parliament.
Publication and entry into force of orders in council shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
The second and third paragraphs shall apply mutatis mutandis to other generally binding regulations established by the State.
§ 2. Miscellaneous Provisions

Article 90

The Government shall promote the development of the international legal order.

Article 91

The Kingdom shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the States General. The cases in which approval is not required shall be specified by Act of Parliament.
The manner in which approval shall be granted shall be laid down by Act of Parliament, which may provide for the possibility of tacit approval.
Any provisions of a treaty that conflict with the Constitution or which lead to conflicts with it may be approved by the Houses of the States General only if at least two-thirds of the votes cast are in favour.

Article 92

Legislative, executive and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where

Article 93

Provisions of treaties and of resolutions by international institutions which may be binding on all persons by virtue of their contents shall become binding after they have been published.

Article 94

Statutory regulations in force within the Kingdom shall not be applicable if such application is in conflict with provisions of treaties that are binding on all persons or of resolutions by international institutions.

Article 95

Rules regarding the publication of treaties and decisions by international institutions shall be laid down by Act of Parliament.

Article 96

A declaration that the Kingdom is in a state of war shall not be made without the prior approval of the States General.
Such approval shall not be required in cases where consultation with Parliament proves to be impossible as a consequence of the actual existence of a state of war.
The two Houses of the States General shall consider and decide upon the matter in joint session.
The provisions of the first and third paragraphs shall apply mutatis mutandis to a declaration that a state of war has ceased.

Article 97

There shall be armed forces for the defence and protection of the interests of the Kingdom, and in order to maintain and promote the international legal order.
The Government shall have supreme authority over the armed forces.

Article 98

The armed forces shall consist of volunteers and may also include conscripts.
Compulsory military service and the power to defer the call-up to active service shall be regulated by Act of Parliament.

Article 99

Exemption from military service because of serious conscientious objections shall be regulated by Act of Parliament.

Article 99a

Duties may be assigned for the purpose of civil defence in accordance with rules laid down by Act of Parliament.

Article 100

The Government shall inform the States General in advance if the armed forces are to be deployed or made available to maintain or promote the international legal order. This shall include the provision of humanitarian aid in the event of armed conflict.
The provisions of paragraph 1 shall not apply if compelling reasons exist to prevent the provision of information in advance. In this event, information shall be supplied as soon as possible.

Article 101

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 401)

Article 102

(Lapsed in accordance with Kingdom Act of 22 June 2000, Bulletin of Acts and Decrees, 294)

Article 103

The cases in which a state of emergency, as defined by Act of Parliament, may be declared by Royal Decree in order to maintain internal or external security shall be specified by Act of Parliament. The consequences of such a declaration shall be governed by Act of Parliament.
Such a declaration may depart from the provisions of the Constitution relating to the powers of the executive bodies of the provinces, municipalities and water boards (waterschappen), the basic rights laid down in Article 6, insofar as the exercise of the right contained in this Article other than in buildings and enclosed places is concerned, Articles 7, 8, 9 and 12 paragraphs 2 and 3, Article 13 and Article 113 paragraphs 1 and 3.
Immediately after the declaration of a state of emergency and whenever it considers it necessary, until such time as the state of emergency is terminated by Royal Decree, the States General shall decide the duration of the state of emergency. The two Houses of the States General shall consider and decide upon the matter in joint session.

Article 104

Taxes imposed by the State shall be levied pursuant to Act of Parliament. Other levies imposed by the State shall be regulated by Act of Parliament.

Article 105

The estimates of the State’s revenues and expenditures shall be laid down by Act of Parliament.
Bills containing general estimates shall be presented by or on behalf of the King every year on the date specified in Article 65.
A statement of the State’s revenues and expenditures shall be presented to the States General in accordance with the provisions of the relevant Act of Parliament. The balance sheet approved by the Court of Audit shall be presented to the States General.
Rules relating to the management of the State’s finances shall be prescribed by Act of Parliament.

Article 106

The monetary system shall be regulated by Act of Parliament.

Article 107

Civil law, criminal law and civil and criminal procedure shall be regulated by Act of Parliament in general legal codes without prejudice to the power to regulate certain matters in separate Acts of Parliament.
The general rules of administrative law shall be laid down by Act of Parliament.
Article 108

(Lapsed in accordance with Kingdom Act of 25 February 1999, Bulletin of Acts and Decrees, 133)

Article 109

The legal status of public servants shall be regulated by Act of Parliament. Rules regarding employment protection and codetermination for public servants shall also be laid down by Act of Parliament.

Article 110

In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament.

Article 111

Honours shall be established by Act of Parliament.

CHAPTER 6

The administration of justice

Article 112

The adjudication of disputes involving rights under civil law and debts shall be the responsibility of the judiciary.
Responsibility for the adjudication of disputes which do not arise from matters of civil law may be granted by Act of Parliament either to the judiciary or to courts that do not form part of the judiciary. The method of dealing with such cases and the consequences of decisions shall be regulated by Act of Parliament.

Article 113

The trial of offences shall also be the responsibility of the judiciary.
Disciplinary proceedings established by government bodies shall be regulated by Act of Parliament.
A sentence entailing deprivation of liberty may be imposed only by the judiciary.
Different rules may be established by Act of Parliament for the trial of cases outside the Netherlands and for martial law.

Article 114

Capital punishment may not be imposed.

Article 115

Appeal to a higher administrative authority shall be admissible in the case of the disputes referred to in Article 112, paragraph 2.

Article 116

The courts which form part of the judiciary shall be specified by Act of Parliament.
The organisation, composition and powers of the judiciary shall be regulated by Act of Parliament.
In cases provided for by Act of Parliament, persons who are not members of the judiciary may take part with members of the judiciary in the administration of justice.
The supervision by members of the judiciary responsible for the administration of justice of the manner in which such members and the persons referred to in the previous paragraph fulfil their duties shall be regulated by Act of Parliament.

Article 117

Members of the judiciary responsible for the administration of justice and the Procurator General at the Supreme Court shall be appointed for life by Royal Decree.
Such persons shall cease to hold office on resignation or on attaining an age to be determined by Act of Parliament.
In cases laid down by Act of Parliament such persons may be suspended or dismissed by a court that is part of the judiciary and designated by Act of Parliament.
Their legal status shall in other respects be regulated by Act of Parliament.

Article 118

The members of the Supreme Court of the Netherlands shall be appointed from a list of three persons drawn up by the Lower House of the States General.
In the cases and within the limits laid down by Act of Parliament, the Supreme Court shall be responsible for annulling court judgments which infringe the law (cassation).
Additional duties may be assigned to the Supreme Court by Act of Parliament.

Article 119

Present and former members of the States General, Ministers and State Secretaries shall be tried by the Supreme Court for offences committed while in office. Proceedings shall be instituted by Royal Decree or by a resolution of the Lower House.

Article 120

The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.

Article 121

Except in cases laid down by Act of Parliament, trials shall be held in public and judgments shall specify the grounds on which they are based. Judgments shall be pronounced in public.

Article 122

Pardons shall be granted by Royal Decree upon the recommendation of a court designated by Act of Parliament and with due regard to regulations to be laid down by or pursuant to Act of Parliament.
Amnesty shall be granted by or pursuant to Act of Parliament.

CHAPTER 7

Provinces, municipalities,water boards and other public bodies

Article 123

Provinces and municipalities may be dissolved and new ones established by Act of Parliament.
Revisions to provincial and municipal boundaries shall be regulated by Act of Parliament.

Article 124

The powers of provinces and municipalities to regulate and administer their own internal affairs shall be delegated to their administrative organs.
Provincial and municipal administrative organs may be required by or pursuant to Act of Parliament to provide regulation and administration.

Article 125

The provinces and municipalities shall be headed by provincial and municipal councils respectively. Their meetings shall be public except in cases provided for by Act of Parliament.
In addition, the administration of a province shall consist of the provincial executive and the King’s Commissioner (Commissaris van de Koning); the administration of a municipality shall consist of the municipal executive (College van Burgemeester en Wethouders) and the mayor.
King’s Commissioners and mayors shall preside over the meetings of provincial councils and municipal councils respectively.

Article 126

The King’s Commissioner may also be charged by Act of Parliament with the execution of official instructions to be given by the Government.

Article 127

Provincial and municipal ordinances shall be enacted by the provincial or municipal councils respectively, except in cases specified by Act of Parliament or by them pursuant to an Act of Parliament.

Article 128

Except in cases laid down in Article 123, the powers referred to in Article 124, paragraph 1 may be assigned to bodies other than those specified in Article 125 only by the provincial or municipal councils respectively.

The members of provincial and municipal councils shall be directly elected by Dutch nationals resident in the province or municipality as the case may be who satisfy the requirements laid down for elections to the Lower House of the States General. The same conditions apply to membership.
The members shall be elected by proportional representation within the boundaries to be laid down by Act of Parliament.
Articles 53, paragraph 2, and 59 shall apply.
The duration of provincial and municipal councils shall be four years unless otherwise provided for by Act of Parliament.
The positions which may not be held simultaneously with membership shall be specified by Act of Parliament. The Act may also provide that obstacles to membership will arise from family ties or marriage and that the commission of certain acts designated by Act of Parliament may result in loss of membership.
The members shall not be bound by a mandate or instructions when casting their votes.

Article 130

The right to elect members of a municipal council and the right to be a member of a municipal council may be granted by Act of Parliament to residents who are not Dutch nationals provided they fulfil at least the requirements applicable to residents who are Dutch nationals.

Article 131

The King’s Commissioners and the mayors shall be appointed by Royal Decree.

Article 132

Both the organisation of provinces and municipalities and the composition and powers of their administrative organs shall be regulated by Act of Parliament.
Supervision of the administrative organs shall be regulated by Act of Parliament.
Decisions by the administrative organs shall be subject to prior supervision only in cases specified by or pursuant to Act of Parliament.
Decisions by the administrative organs may be quashed only by Royal Decree and on the grounds that they conflict with the law or the public interest.
Provisions in the event of non-compliance in matters of regulation and administration required under Article 124, paragraph 2, shall be regulated by Act of Parliament. Provisions may be made by Act of Parliament notwithstanding Articles 125 and 127 in cases of gross neglect of duty by the administrative organs of a province or municipality.
The taxes which may be levied by the administrative organs of provinces and municipalities and their financial relationships with the central government shall be regulated by Act of Parliament.

Article 133

Insofar as it is not otherwise provided by or pursuant to Act of Parliament, the establishment or dissolution of water boards (waterschappen), the regulation of their duties and organisation together with the composition of their administrative organs shall be effected by provincial ordinance according to rules laid down by Act of Parliament.
The legislative and other powers of the administrative organs of water boards and public access to their meetings shall be regulated by Act of Parliament.
Supervision of these administrative organs by provincial and other bodies shall be regulated by Act of Parliament. Decisions by the administrative organs may be quashed only if they conflict with the law or the public interest.

Article 134

Public bodies for the professions and trades and other public bodies may be established and dissolved by or pursuant to Act of Parliament.
The duties and organisation of such bodies, the composition and powers of their administrative organs and public access to their meetings shall be regulated by Act of Parliament. Legislative powers may be granted to their administrative organs by or pursuant to Act of Parliament.
Supervision of the administrative organs shall be regulated by Act of Parliament. Decisions by the administrative organs may be quashed only if they are in conflict with the law or the public interest.
Article 135

Rules pertaining to matters in which two or more public bodies are involved shall be laid down by Act of Parliament. These may provide for the establishment of a new public body, in which case Article 134, paragraphs 2 and 3, shall apply.

Article 136

Disputes between public bodies shall be settled by Royal Decree unless they fall within the competence of the judiciary or decisions are referred to other bodies by Act of Parliament.

CHAPTER 8

Revision of the Constitution

Article 137

An Act of Parliament shall be passed stating that an amendment to the Constitution in the form proposed shall be considered.
The Lower House may divide a Bill presented for this purpose into a number of separate Bills, either upon a proposal presented by or on behalf of the King or otherwise.
The Lower House shall be dissolved after the Bill referred to in the first paragraph has been published.
After the new Lower House has assembled, the two Houses of the States General shall consider, at second reading, the Bill referred to in the first paragraph. The Bill shall be passed only if at least two thirds of the votes cast are in favour.
The Lower House may divide a Bill for the amendment of the Constitution into a number of separate Bills, either upon a proposal presented by or on behalf of the King or otherwise, if at least two-thirds of the votes cast are in favour.
Article 138

  1. Before Bills to amend the Constitution which have been given a second reading have been ratified by the King, provisions may be introduced by Act of Parliament whereby:

a.
the proposals adopted and the unamended provisions of the Constitution are adjusted to each other as required;
b.
the division into chapters, sections and articles and the headings and numbering thereof are modified.
2. A Bill containing provisions as referred to under paragraph 1(a) shall be passed by the two Houses only if at least two-thirds of the votes cast are in favour.

Article 139

Amendments to the Constitution passed by the States General and ratified by the King shall enter into force immediately after they have been published.

Article 140

Existing Acts of Parliament and other regulations and decrees which are in conflict with an amendment to the Constitution shall remain in force until provisions are made in accordance with the Constitution.

Article 141

The text of the revised Constitution shall be published by Royal Decree in which the chapters, sections and articles may be renumbered and references to them altered accordingly.

Article 142

The Constitution may be brought into line with the Charter for the Kingdom of the Netherlands by Act of Parliament. Articles 139, 140 and 141 shall apply mutatis mutandis.
Devider

Additional articles
Article I

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 402)

Articles II-VIII

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 404)

Article IX

Article 16 shall not apply to offences made punishable by the Wartime Offences Decree (Besluit Buitengewoon Strafrecht).

Article X

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 404)

Article XI

(Lapsed in accordance with Kingdom Act of 6 October 1999, Bulletin of Acts and Decrees, 454)

Articles XII-XVI

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 404)

Article XVII

(Lapsed in accordance with Kingdom Act of 25 February 1999, Bulletin of Acts and Decrees, 135)

Article XVIII

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 404)

Article XIX

The wording of the proclamation of Acts of Parliament as laid down in Article 81 of the 1972 version of the Constitution, the wording of messages accompanying Bills sent from one House to the other or to the King and of the King’s message to the States General containing his decision on the Bill, as laid down in Articles 123,124,127,128 and 130 of the 1972 version of the Constitution, shall remain in force until such time as other arrangements are made.

Article XX

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 402)

Article XXI

(Lapsed in accordance with Kingdom Act of 6 October 1999, Bulletin of Acts and Decrees, 454)

Articles XXII-XXIII

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 404)

Articles XXIV-XXV

(Lapsed in accordance with Kingdom Act of 25 February 1999, Bulletin of Acts and Decrees, 135)

Articles XXVI-XXIX

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 404)

Article XXX

(Lapsed in accordance with Kingdom Act of 6 October 1999, Bulletin of Acts and Decrees, 454)

Articles of the 1972 text of the Constitution which are to remain in force for the time being
Article 81

The form of promulgating laws shall be as follows:
«We» etc. «King of the Netherlands,» etc.
«Greetings to all those who shall see or hear these presents! be it known:
«Whereas we have considered that» etc.
(The reasons of the law.)
«Thus it is that We, having heard the Council of State, and in
consultation with the States General, have approved and decreed, as we
hereby approve and decree» etc.
(The contents of the law.)
«Given», etc.
In the event that a Queen reigns or royal authority is exercised by a
regent or by the Council of State, the necessary modification shall be
made in this form.

Article 130

The King shall notify the States General as soon as possible whether he
approves or disapproves a Bill which has been passed by it. Such
notification shall take place by means of one of the following forms:
«The King assents to the Bill.»
or:
«The King is considering the Bill.»

The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī

The Constitution of the Islamic Republic of Iran replaced the monarchical constitution of 1906

Contents

PREAMBLE

Introduction to the Constitution
The Dawn of the Movement
Islamic Government
The Wrath of the People
The Price the Nation Paid
The Form of Government in Islam
The Economy is a Means, Not an End
Woman in the Constitution
An Ideological Army
The Judiciary in the Constitution
Executive Power
Mass-Communication Media
Representatives

  • Chapter I -Article 1 to 14-
    General Principles
  • Chapter II -Article 15 to 18-
    The Official Language, Script, Calendar, and Flag of the Country
  • Chapter III -Article 19 to 42-
    The Rights of the People
  • Chapter IV -Article 43 to 55-
    Economy and Financial Affairs
  • Chapter V -Article 56 to 61-
    The Right of National Sovereignty and the Powers Deriving There from
  • Chapter VI -Article 62 to 99-
    The Legislative Power [The Islamic Consultative Assembly, its Powers and Authority]
  • Chapter VII -Article 100 to 106-
    Councils
  • Chapter VIII -Article 107 to 112-
    The Leader or Leadership Council
  • Chapter IX -Article 113 to 151-
    The Executive Power [The Presidency, The President, The Ministers, The Army and The Islamic Revolutionary Guards Corps]
  • Chapter X -Article 152 to 155-
    Foreign Policy
  • Chapter XI -Article 156 to 174-
    The Judiciary
  • Chapter XII -Article 175-
    Radio and Television
  • Chapter XIII -Article 176-
    Supreme Council for National Security
  • Chapter XIV -Article 177-
    Revision of the Constitution

Devider

Adopted: 24 October 1979
Effective: 3 December 1979
Amended: 28 July 1989

In the Name of Allah, Most Gracious, Most Merciful

He sent aforetime our messengers with clear signs. And sent down with them the
book and the balance (of right and wrong), that men may stand in justice

Introduction to the Constitution

The Constitution of the Islamic Republic of Iran advances the cultural, social, political, and economic institutions of Iranian society based on Islamic principles and norms, which represent an honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of the great Islamic Revolution of Iran, and by the course of the Muslim people’s struggle, from its beginning until victory, as reflected in the decisive and forceful calls raised by all segments of the populations. Now, at the threshold of this great victory, our nation, with all its beings, seeks its fulfillment. The basic characteristic of this revolution, which distinguishes it from other movements that have taken place in Iran during the past hundred years, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional movement and the anti-colonialist movement centered on the nationalization of the oil industry, the Muslim people of Iran learned from this costly experience that the obvious and fundamental reason for the failure of those movements was their lack of an ideological basis. Although the Islamic line of thought and the direction provided by militant religious leaders played an essential role in the recent movements, nonetheless, the struggles waged in the course of those movements quickly fell into stagnation due to departure from genuine Islamic positions. Thus it was that the awakened conscience of the nation, under the leadership of Imam Khumayni, came to perceive the necessity of pursuing a genuinely Islamic and ideological line in its struggles. And this time, the militant ‘ulama’ of the country, who had always been in the forefront of popular movements, together with the committed writers and intellectuals, found new impetus by following his leadership.

The Dawn of the Movement

The devastating protest of Imam Khumayni against the American conspiracy known as the “White Revolution,” which was a step intended to stabilize the foundations of despotic rule and to reinforce the political, cultural, and economic dependence of Iran on world imperialism, brought into being a united movement of the people and, immediately afterwards, a momentous revolution of the Muslim nation in June 1963. Although this revolution was drowned in blood, in reality it heralded the beginning of the blossoming of a glorious and massive uprising, which confirmed the central role of Imam Khumayni as an Islamic leader. Despite his exile from Iran after his protest against the humiliating law of capitulation (which provided legal immunity for American advisers), the firm bond between the Imam and the people endured, and the Muslim nation, particularly committed intellectuals and militant ‘ulama’, continued their struggle in the face of banishment and imprisonment, torture and execution. Throughout this time, the conscious and responsible segment ofsociety was bringing enlightenment to the people from the strongholds of the mosques, centers of religious teaching, and universities. Drawing inspiration from the revolutionary and fertile teachings of Islam, they began the unrelenting yet fruitful struggle of raising the level of ideological awareness and revolutionary consciousness of the Muslim people. The despotic regime which had begun the suppression of the Islamic movement with barbaric attacks on the Faydiyyah Madrasah, Tehran University, and all other active centers of revolution, in an effort to evade the revolutionary anger of the people, resorted to the most savage and brutal measures. And in these circumstances, execution by firing squads, endurance of medieval tortures, and long terms of imprisonment were the price our Muslim nation had to pay to prove its firm resolve to continue the struggle. The Islamic Revolution of Iran was nurtured by the blood of hundreds of young men and women, infused with faith, who raised their cries of “Allahu Akbar” at daybreak in execution yards, or were gunned down by the enemy in streets and marketplaces. Meanwhile, the continuing declarations and messages of the Imam that were issued on various occasions, extended and deepened the consciousness and determination of the Muslim nation to the utmost.

Islamic Government

The plan of the Islamic government as proposed by Imam Khumayni at the height of the period of repression and strangulation practiced by the despotic regime, produced a new specific, and streamline motive for the Muslim people, opening up before them the true path of Islamic ideological struggle, and giving greater intensity to the struggle of militant and committed Muslims both within the country and abroad. The movement continued on this course until finally popular dissatisfaction and intense rage of the public caused by the constantly increasing repression at home, and the projection of the struggle at the international level after exposure of the regime by the ‘ulama’ and militant students, shook the foundations of the regime violently. The regime and its sponsors were compelled to decrease the intensity of repression and to “liberalize” the political atmosphere of the country. This, they imagined, would serve as a safety valve, which would prevent their eventual downfall. But the people, aroused, conscious, and resolute under the decisive and unfaltering leadership of the Imam, embarked on a triumphant, unified, comprehensive, and countrywide uprising.

The Wrath of the People

The publication of an outrageous article meant to malign the revered ‘ulama’ and in particular Imam Khumayni on 7 Jan 1978 by the ruling regime accelerated the revolutionary movement and caused an outburst of popular outrage across the country. The regime attempted to quiet the heat of the people’s anger by drowning the protest and uprising in blood, but the bloodshed only quickened the pulse rate of the Revolution. The seventh-day and fortieth-day commemorations of the martyrs of the Revolution, like a series of steady heartbeats, gave greater vitality, intensity, vigor, and solidarity to this movement all over the country. In the course of this popular movement, the employees of all government establishments took an active part in the effort to overthrow the tyrannical regime by calling a general strike and participating in street demonstrations. The widespread solidarity of men and women of all segments of society and of all political and religious factions, played a clearly determining role in the struggle. Especially the women were actively and massively present in a most conspicuous manner at all stages of this great struggle. The common sightof mothers with infants in their arms rushing towards the scene of battle and in front of the barrels of machine-guns indicated the essential and decisive role played by this major segment of society in the struggle.

The Price the Nation Paid

After slightly more than a year of continuous and unrelenting struggle, the sapling of the evolution, watered by the blood of more than 60,000 martyrs and 100,000 wounded and disabled, not to mention property damage, came to bear fruit amidst the cries of “Independence! Freedom! Islamic government!” This great movement, which attained victory through reliance upon faith, unity, and the decisiveness of its leadership at every critical and sensitive juncture, as well as the self-sacrificing spirit of the people, succeeded in upsetting all the calculations of imperialism and destroying all its connections and institutions, thereby opening a new chapter in the history of all-embracing popular revolutions of the world. On 12 and 13 Feb 1979, the world witnessed the collapse of the monarchical regime. Domestic tyranny and foreign domination, both of which were based upon it, were shattered. This great success proved to be the vanguard of Islamic government — a long-cherished desire of the Muslim people — and brought with it the glad tidings of final victory. Unanimously, the Iranian people declared their final and firm decision, in the referendum on the Islamic Republic, to bring about a new political system, that of the Islamic Republic. A majority of 98.2% of the people voted for this system. The Constitution of the Islamic Republic of Iran, setting forth as it does the political, social, cultural, and economic institutions and their relations that are to exist in society, must now provide for the consolidation of the foundations of Islamic government, and propose the plan of a new system of government to be erected on the ruins of the previous order.

The Form of Government in Islam

In the view of Islam, government does not derive from the interests of a class, nor does it serve the domination of an individual or a group. Rather, it represents the fulfillment of the political ideal of a people who bear a common faith and common outlook, taking an organized form in order to initiate the process of intellectual and ideological evolution towards the final goal, i.e., movement towards Allah. Our nation, in the course of its revolutionary developments, has cleansed itself of the dust and impurities that accumulated during the past and purged itself of foreign ideological influences, returning to authentic intellectual standpoints and world-view of Islam. It now intends to establish an ideal and model society on the basis of Islamic norms. The mission of the Constitution is to realize the ideological objectives of the movement and to create conditions conducive to the development of man in accordance with the noble and universal values of Islam. With due attention to the Islamic content of the Iranian Revolution, the Constitution provides the necessary basis for ensuring the continuation of the Revolution at home and abroad. In particular, in the development of international relations, the Constitution will strive with other Islamic and popular movements to prepare the way for the formation of a single world community (in accordance with the Koranic verse “This your community is a single community, and I am your Lord, so worship Me” [21:92]), and to assure the continuation of the struggle for the liberation of all deprived and oppressed peoples in the world. With due attention to the essential character of this great movement, the Constitution guarantees the rejection of all forms of intellectual and social tyranny and economic monopoly, and aims at entrusting the destinies of the people to the people themselves in order to break completely with the system of oppression. (This is in accordance with the Koranic verse “He removes from them their burdens an the fetters that were upon them” [7:157]). In creating, on the basis of ideological outlook, the political infrastructures and institutions that are the foundation of society, the righteous will assume the responsibility of governing and adMinistering the country (in accordance with the Koranic verse “Verily My righteous servants shall inherit the earth” [21:105]). Legislation setting forth regulations for the administration of society will revolve around the Koran and the Sunnah. Accordingly, the exercise of meticulous and earnest supervision by just, pious, and committed scholars of Islam is an absolute necessity. In addition, the aim of government is to foster the growth of man in such a way that he progresses towards the establishment of a Divine order (in accordance with the Koranic phrase “And toward God is the journeying” [3 28]); and to create favorable conditions for the emergence and blossoming of man’s innate capacities, so that the theomorphic dimensions of the human being are manifested (in accordance with the injunction of the Prophet (S) “Mould yourselves according to the Divine morality”); this goal cannot be attained without the active and broad participation of all segments of society in the process of social development. With due attention to this goal, the Constitution provides the basis of such participation by all members of society at all stages of the political decision-making process on which the destiny of the country depends. In this way during the course of human development towards perfection, each individual will himself be involved in, and responsible for the growth, advancement, and leadership of society. Precisely in this lies the realization of the holy government upon earth (in accordance with the Koranic verse “And we wish to show favor to those who have been oppressed upon earth, and to make them leaders and the inheritors.” [28:5]). The Principles of Governance of the Just Holy Person In keeping with the principles of governance and the perpetual necessity of leadership, the Constitution provides for the establishment of leadership by a holy person possessing the necessary qualifications and recognized as leader by the people (this is in accordance with the saying “The direction of affairs is in the hands of those who are learned concerning God and are trustworthy in matters pertaining to what He permits and forbids”). Such leadership will prevent any deviation by the various organs of State from their essential Islamic duties.

The Economy is a Means, Not an End

In strengthening the foundations of the economy, the fundamental consideration will be fulfillment of the material needs of man in the course of his overall growth and development. This principle contrasts with other economic systems, where the aim is concentration and accumulation of wealth and maximization of profit. In materialist schools of thought, the economy represents an end in itself, so that it comes to be a subversive and corrupting factor in the course of man’s development. In Islam, the economy is a means, and all that is required of a means is that it should be an efficient factor contributing to the attainment of the ultimate goal. From this viewpoint, the economic program of Islam consists of providing the means needed for the emergence of the various creative capacities of the human being. Accordingly, it is the duty of the Islamic government to furnish all citizens with equal and appropriate opportunities, to provide them with work, and to satisfy their essential needs, so that the course of their progress may be assured.

Woman in the Constitution

Through the creation of Islamic social infrastructures, all the elements of humanity that served the multifaceted foreign exploitation shall regain their true identity and human rights. As a part of this process, it is only natural that women should benefit from a particularly large augmentation of their rights, because of the greater oppression that they suffered under the old regime. The family is the fundamental unit of society and the main center for the growth and edification of human being. Compatibility with respect to belief and ideal, which provides the primary basis for man’s development and growth, is the main consideration in the establishment of a family. It is the duty of the Islamic government to provide the necessary facilities for the attainment of this goal. This view of the family unit delivers woman from being regarded as an object or instrument in the service of promoting consumerism and exploitation. Not only does woman recover thereby her momentous and precious function of motherhood, rearing of ideologically committed human beings, she also assumes a pioneering social role and becomes the fellow struggler of man in all vital areas of life. Given the weighty responsibilities that woman thus assumes, she is accorded in Islam great value and nobility.

An Ideological Army

In the formation and equipping of the country’s defence forces, due attention must be paid to faith and ideology as the basic criteria. Accordingly, the Army of the Islamic Republic of Iran and the Islamic Revolutionary Guards Corps are to be organized in conformity with this goal, and they will be responsible not only for guarding and preserving the frontiers of the country, but also for fulfilling the ideological mission of jihad in God’s way; that is, extending the sovereignty of God’s law throughout the world (this is in accordance with the Koranic verse “Prepare against them whatever force you are able to muster, and strings of horses, striking fear into the enemy of God and your enemy, and others besides them” [8:60]).

Preamble 10 : The Judiciary in the Constitution

The judiciary is of vital importance in the context of safeguarding the rights of the people in accordance with the line followed by the Islamic movement, and the prevention of deviations within the Islamic nation. Provision has therefore been made for the creation of a judicial system based on Islamic justice and operated by just judges with meticulous knowledge of the Islamic laws. This system, because of its essentially sensitive nature and the need for full ideological conformity, must be free from every kind of unhealthy relation and connection (this is in accordance with the Koranic verse “When you judge among the people, judge with justice” [4:58]).

Executive Power

Considering the particular importance of the executive power in implementing the laws and ordinances of Islam for the sake of establishing the rule of just relations over society, and considering, too, its vital role in paving the way for theattainment of the ultimate goal of life, the executive power must work toward the creation of an Islamic society. Consequently, the confinement of the executive power within any kind of complex and inhibiting system that delays or impedes the attainment of this goal is rejected by Islam. Therefore, the system of bureaucracy, the result and product of old forms of government, will be firmly cast away, so that an executive system that functions efficiently and swiftly in the fulfillment of its administrative commitments comes into existence.

 Mass-Communication Media

The mass-communication media, radio and television, must serve the diffusion of Islamic culture in pursuit of the evolutionary course of the Islamic Revolution. To this end, the media should be used as a forum for healthy encounter of different ideas, but they must strictly refrain from diffusion and propagation of destructive and anti-Islamic practices. It is incumbent on all to adhere to the principles of this Constitution, for it regards as its highest aim the freedom and dignity of the human race and provides for the growth and development of the human being. It is also necessary that the Muslim people should participate actively in the construction of Islamic society by selecting competent and believing officials and keeping close and constant watch on their performance. They may then hope for success in building an ideal Islamic society that can be a model for all people of the world and a witness to its perfection (in accordance with the Koranic verse “Thus We made you a median community, that you might be witnesses to men” [2:143]).

 Representatives

The Assembly of Experts, composed of representatives of the people, completed its task of framing the Constitution, on the basis of the draft proposed by the government as well as all the proposals received from different groups of the people, in one hundred and seventy-five articles arranged in twelve chapters, in 1979, and in accordance with the aims and aspirations set out above, with the hope that this century will witness the establishment of a universal holy government and the downfall of all others.

Devider

Chapter 1 : General Principles

Article 1

The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their longstanding belief in the sovereignty of truth and Qur’anic justice, in the referendum of Farwardin 9 and 10 in the year 1358 of the solar Islamic calendar, corresponding to Jamadi al-‘Awwal 1 and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji’ al-taqlid, Ayatullah al-Uzma Imam Khumayni.

Article 2

The Islamic Republic is a system based on belief in:

1.The One God (as stated in the phrase “There is no god except Allah”), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands; 2.Divine revelation and its fundamental role in setting forth the laws; 3.the return to God in the Hereafter, and the constructive role of this belief in the course of man’s ascent towards God; 4.the justice of God in creation and legislation; 5.continuous leadership (imamah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam; 6.the exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to:

1.continuous ijtihad of the fuqaha’ possessing necessary qualifications, exercised on the basis off the Qur’an and the Sunnah of the Ma’sumun, upon all of whom be peace; 2.sciences and arts and the most advanced results of human experience, together with the effort to advance them further;

3.negation of all forms of oppression, both the infliction of and the submission to it, and of dominance, both its imposition and its acceptance.

Article 3

In order to attain the objectives specified in Article 2, the government of the Islamic Republic of Iran has the duty of directing all its resources to the following goals:

1.the creation of a favorable environment for the growth of moral virtues based on faith and piety and the struggle against all forms of vice and corruption; 2.raising the level of public awareness in all areas, through the proper use of the press, mass media, and other means; 3.free education and physical training for everyone at all levels, and the facilitation and expansion of higher education; 4.strengthening the spirit of inquiry, investigation, and innovation in all areas of science, technology, and culture, as well as Islamic studies, by establishing research centers and encouraging researchers; 5.the complete elimination of imperialism and the prevention of foreign influence; 6.the elimination of all forms of despotism and autocracy and all attempts to monopolize power; 7.ensuring political and social freedoms within the framework of the law; 8.the participation of the entire people in determining their political, economic, social, and cultural destiny; 9.the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres; 10.the creation of a correct administrative system and elimination of superfluous government organizations; 11.all round strengthening of the foundations of national defence to the utmost degree by means of universal military training for the sake of safeguarding the independence, territorial integrity, and the Islamic order of the country; 12.the planning of a correct and just economic system, in accordance with Islamic criteria in order to create welfare, eliminate poverty, an(i abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all; 13.the attainment of self-sufficiency in scientific, technological, industrial, agricultural, and military domains, and other similar spheres; 14.securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of-all before the law; 15.the expansion and strengthening of Islamic brotherhood and public cooperation among all the people; 16.framing the foreign policy of the country on the basis of Islamic criteria, fraternal commitment to all Muslims, and unsparing support to the mustad’afiin of the world.

Article 4

All civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the fuqaha’ of the Guardian Council are judges in this matter.

Article 5

During the Occultation of the Wali al-Asr (may God hasten his reappearance), the wilayah and leadership of the Ummah devolve upon the just (‘adil] and pious [muttaqi] faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.

Article 6

In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the President, the representatives of the Islamic Consultative Assembly, and the members of councils, or by means of referenda in matters specified in other articles of this Constitution.

Article 7

In accordance with the command of the Qur’an contained in the verse (“Their affairs are by consultations among them” [42:38]) and (“Consult them in affairs” [3:159]), consultative bodies – such as the Islamic Consultative Assembly, the Provincial Councils, and the City, Region, District, and Village Councils and the likes of them – are the decision-making and administrative organs of the country. The nature of each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the Constitution and laws derived from it.

Article 8

In the Islamic Republic of Iran, al-‘amr bilma’ruf wa al-nahy ‘an al-munkar is a universal and reciprocal duty that must be fulfilled by the people with respect to one another, by the government with respect to the people, and by the people with respect to the government. The conditions, limits, and nature of this duty will be specified by law. (This is in accordance with the Qur’anic verse; “The believers, men and women, are guardians of one another; they enjoin the good and forbid the evil” [9:71]).

Article 9

In the Islamic Republic of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.

Article 10

Since the family is the fundamental unit of Islamic society, all laws, regulations, and pertinent programmes must tend to facilitate the formation of a family, ,and to safeguard its sanctity and the stability of family relations on the basis of the law and the ethics of Islam.

Article 11

In accordance with the sacred verse of the Qur’an (“This your community is a single community, and I am your Lord, so worship Me” [21:92]), all Muslims form a single nation, and the government of the Islamic Republic of Iran has the duty of formulating its general policies with a view to cultivating the friendship and unity of all Muslim peoples, and it must constantly strive to bring about the political, economic, and cultural unity of the Islamic world.

Article 12

The official religion of Iran is Islam and the Twelver Ja’fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi’i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.

Article 13

Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.

Article 14

In accordance with the sacred verse; (“God does not forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes” [60:8]), the government of the Islamic Republic of Iran and all Mu slims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran.

Chapter 2 : The Official Language, Script, Calendar, and Flag of the Country
Article 15

The official language and script of Iran, the lingua franca of its people, is Persian. Official documents, correspondence, and texts, as well as text-books, must be in this language and script. However, the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian.

Article 16

Since the language of the Qur’an and Islamic texts and teachings is Arabic, and since Persian literature is thoroughly permeated by this language, it must be taught after elementary level, in all classes of secondary school and in all areas of study.

Article 17

The official calendar of the country takes as its point of departure the migration of the Prophet of Islam – God’s peace and blessings upon him and his Family. Both the solar and lunar Islamic calendars are recognized, but government offices will function according to the solar calendar. The official weekly holiday is Friday.

Article 18

The official flag of Iran is composed of green, white and red colors with the special emblem of the Islamic Republic, together with the motto [Allah-o Akbar].

Chapter 3 : The Rights of the People
Article 19

All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; and color, race, language, and the like, do not bestow any privilege.

Article 20

All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

Article 21

The government must ensure the rights of women in all respects, in conformity with Islamic criteria, and accomplish the following goals:

1.create a favorable environment for the growth of woman’s personality and the restoration of her rights, both the material and intellectual; 2.the protection of mothers, particularly during pregnancy and childbearing, and the protection of children without guardians; 3.establishing competent courts to protect and preserve the family; 4.the provision of special insurance for widows, and aged women and women without support; 5.the awarding of guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian.

Article 22

The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.

Article 23

The investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.

Article 24

Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law.

Article 25

The inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the willful failure to transmit them, eavesdropping, and all forms of covert investigation are forbidden, except as provided by law.

Article 26

The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.

Article 27

Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam.

Article 28

Everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests, and does not infringe the rights of others. The government has the duty, with due consideration of the need of society for different kinds of work, to provide every citizen with the opportunity to work, and to create equal conditions for obtaining it.

Article 29

To benefit from social security with respect to retirement, unemployment, old age, disability, absence of a guardian, and benefits relating to being stranded, accidents, health services, and medical care and treatment, provided through Insurance or other means, is accepted as a universal right. The government must provide the foregoing services and financial support for every individual citizen by drawing, in accordance with the law, on the national revenues and funds obtained through public contributions.

Article 30

The government must provide all citizens with free-education up to secondary school, and must expand free higher education to the extent required by the country for attaining self-sufficiency.

Article 31

It is the right of every Iranian individual and family to possess housing commensurate with his nods. The government must maker land available for the implementation of this article, according priority to those whose need is greatest, in particular the rural population and the workers.

Article 33

No one can be banished from his place of residence, prevented from residing in the place of his choice, or compelled to reside in a given locality, except in cases provided by law.

Article 34

It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse.

Article 35

Both parties to a lawsuit have the right in all courts of law to select an attorney, and if they are unable to do so, arrangements must be made to provide them with legal counsel.

Article 36

The passing and execution of a sentence must be only by a competent court and in accordance with law.

Article 37

Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court.

Article 38

All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.

Article 39

All affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the law, whatever form they may take, are forbidden and liable to punishment.

Article 40

No one is entitled to exercise his rights in a way injurious to others or detrimental to public interests.

Article 41

Iranian citizenship is the indisputable right of every Iranian, and the government cannot withdraw citizenship from any Iranian unless he himself requests it or acquires the citizenship of another country.

Article 42

Foreign nationals may acquire Iranian citizenship within the framework of the laws. Citizenship may be withdrawn from such persons if another State accepts them as its citizens or if they request it.

Chapter 4 : Economy and Financial Affairs
Article 43

The economy of the Islamic Republic of Iran, with its objectives of achieving the economic independence of the society, uprooting poverty and deprivation, and fulfilling human needs in the process of development while preserving human liberty, is. based on the following criteria:

1.the provision of basic necessities for all citizens: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for the establishment of a family; 2.ensuring conditions and opportunities of employment for everyone, with a view to attaining full employment; placing the means of work at the disposal of everyone who is able to work but lacks the means, in the form of cooperatives, through granting interest-free loans or recourse to any other legitimate means that neither results in the concentration or circulation of wealth in the hands of a few individuals or groups, nor turns the government into a major absolute employer. These steps must be taken with due regard for the requirements governing the general economic planning of the country at each stage of its growth; 3.the plan for the national economy, must be structured in such a manner that the form, con-tent, and hours of work of every individual will allow him sufficient leisure and energy to engage, beyond his professional endeavor, in intellectual, political, and social activities leading to all-round development of his self, to take active part in leading the affairs of the country, improve his skills, and to make full use of his creativity; 4.respect for the right to choose freely one’s occupation; refraining from compelling anyone to engage in a particular job; and preventing the exploitation of another’s labor; 5.the prohibition of infliction of harm and loss upon others, monopoly, hoarding, usury, and other illegitimate and evil practices; 6.the prohibition of extravagance and wastefulness in all matters related to the economy, including consumption, investment, production, distribution, and services; 7.the utilization of science and technology, and the training of skilled personnel in accordance with the developmental needs of the country’s economy; 8.prevention of foreign economic domination over the country’s economy; 9.emphasis on increase of agricultural, livestock, and industrial production in order to satisfy public needs and to make the country self-sufficient and free from dependence.

Article 44

The economy of the Islamic Republic of Iran is to consist of three sectors: state, cooperative, and private, and is to be based on systematic and sound planning. The state sector is to include all large-scale and mother industries, foreign trade, major minerals, banking, insurance, power generation, dams and large-scale irrigation networks, radio and television, post, telegraph and telephone services, aviation, shipping, roads, railroads and the like; all these will be publicly owned and administered by the State. The cooperative sector is to include cooperative companies and enterprises concerned with production and distribution, in urban and rural areas, in accordance with Islamic criteria. The private sector consists of those activities concerned with agriculture, animal husbandry, industry, trade, and services that supplement the economic activities of the state and cooperative sectors. Ownership in each of these three sectors is protected by the laws of the Islamic Republic, in so far as this ownership is in conformity with the other articles of this chapter, does not go beyond the bounds of Islamic law, contributes to the economic growth and progress of the country, and does not harm society. The [precise] scope of each of these sectors, as well as the regulations and conditions governing their operation, will be specified by law.

Article 45

Public wealth and property, such as uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other public water- ways, mountains, valleys, forests, marshlands, natural forests, unenclosed pastureland, legacies without heirs, property of undetermined ownership, and public property recovered from usurpers, shall be at the disposal of the Islamic government for it to utilize in accordance with the public interest. Law will specify detailed procedures for the utilization of each of the foregoing items.

Article 46

Everyone is the owner of the fruits of his legitimate business and labor, and no one may deprive another of the opportunity of business and work under the pretext of his right to ownership.

Article 47

Private ownership, legitimately acquired, is to be respected. The relevant criteria are determined by law.

Article 48

There must be no discrimination among the various provinces with regard to the exploitation of natural resources, utilization of public revenues, and distribution of economic activities among the various provinces and regions of the country, thereby ensuring that every region has access to the necessary capital and facilities in accordance with its needs and capacity for growth.

Article 49

The government has the responsibility of confiscating all wealth accumulated through usury, usurpation, bribery, embezzlement, theft, gambling, misuse of endowments, misuse of government contracts and transactions, the sale of uncultivated lands and other resources subject to public ownership, the operation of centers of corruption, and other illicit means and sources, and restoring it to its legitimate owner; and if no such owner can be identified, it must be entrusted to the public treasury. This rule must be executed by the government with due care, after investigation and furnishing necessary evidence in accordance with the law of Islam.

Article 50

The preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public duty in the Islamic Republic. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden.

Article 51

No form of taxation may be imposed except in accordance with the law. Provisions for tax exemption and reduction will be determined by law.

Article 52

The annual budget of the country will be drain up by the government, in the manner specified by law, and submitted to the Islamic Consultative Assembly for discussion and approval. Any change in the figures contained in the budget will be in accordance with the procedures prescribed by law.

Article 53

All sums collected by the government will be deposited into the government accounts at the central treasury, and all disbursements, within the limits of allocations approved, shall be made in accordance with law.

Article 54

The National Accounting Agency is to be directly under the supervision of the Islamic Consultative Assembly. Its organization and mode of operation in Tehran and at the provincial capitals, are to be determined by law.

Article 55

The National Accounting Agency will inspect and audit, in the manner prescribed by law, all the accounts of ministries, government institutions and companies as well as other organizations that draw, in any way, on the general budget of the country, to ensure that no expenditure exceeds the allocations approved and that all sums are spent for the specified purpose. It will collect all relevant accounts, documents, and records, in accordance with law, and submit to the Islamic Consultative Assembly a report for the settlement of each year’s budget together with its own comments. This report must be made available to the public

Chapter 5 : The Right of National Sovereignty
Article 56

Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.

Article 57

The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-‘amr and the leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.

Article 58

The function of the legislature are to be exercised through the Islamic Consultative Assembly, consisting of the elected representatives of the people. Legislation approved by this body, after going through the stages specified in the articles below, is communicated to the executive and the judiciary for implementation.

Article 59

In extremely important economic, political, social, and cultural matters, the function of the legislature may be exercised through direct recourse to popular vote through a referendum. Any request for such direct recourse to public opinion must be approved by two-thirds of the members of the Islamic Consultative Assembly.

Article 60

The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leadership by the Constitution, are to be exercised by the president and the ministers.

Article 61

the function of the judiciary are to be performed by courts of justice, which are to be formed in accordance with the criteria of Islam, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice, and implement the Divine limits [al-hudud al-Ilahiyyah].

Chapter 6 : The Legislative Powers
Article 62

The Islamic consultative Assembly is constituted by the representatives of the people elected directly and by secret ballot. The qualifications of voters and candidates, as well as the nature of election, will be specified by law.

Article 64

There are to be two hundred seventy members of the Islamic Consultative Assembly which, keeping in view the human, political, geographic and other similar factors, may increase by not more than twenty for each ten-year period from the date of the national referendum of the year 1368 of the solar Islamic calendar. The Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christians in the north and those in the south of the country will each elect one representative. The limits of the election constituencies and the number of representatives will be deter-mined by law.

Article 65

After the holding of elections, sessions of the Islamic Consultative Assembly are considered legally valid when two-thirds of the total number of members are present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum. The consent of two-thirds of all members present is necessary for the approve of the code of procedure of the Assembly.

Article 66

The manner of election of the Speaker and the Presiding Board of the Assembly, the number of committees and their term of office, and matters related to conducting the discussions and maintaining the discipline of the Assembly will be determined by the code of procedure of the Assembly.

Article 67

Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text:

In the Name of God, the Compassionate, the Merciful. In the presence of the Glorious Qur’an, I swear by God, the Exalted and Almighty, and undertake, swearing by my own honor as a human being, to protect the sanctity of Islam and guard the accomplishments of the Islamic Revolution of the Iranian people and the foundations of the Islamic Republic; to protect, as a just trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my duties as people’s representative; to remain always committed to the independence and honor of the country; to fulfil my duties towards the nation and the service of the people; to defend the Constitution; and to bear in mind, both in speech and writing and in the expression of my views, the independence of the country, the freedom of the people, and the security of their interests. Members belonging to the religious minorities will swear by their own sacred books while taking this oath. Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.

Article 68

In time of war and the military occupation of the country, elections due to be held in occupied areas or countrywide may be delayed for a specified period if proposed by the President of the Republic, and approved by three-fourths of the total members of the Islamic Consultative Assembly, with the endorsement of the Guardian Council. If a new Assembly is not formed, the previous one will continue to function.

Article 69

The deliberations of the Islamic Consultative Assembly must be open, and full minutes of them made available to the public by the radio and the official gazette. A closed session may be held in emergency conditions, if it is required for national security, upon the requisition of the President, one of the ministers, or ten members of the Assembly. Legislation passed at a closed session is valid only when approved by three-fourths of the members in the presence of the Guardian Council. After emergency conditions have ceased to exist, the minutes of such closed sessions, together with any legislation approved in them, must be made available to the public.

Article 70

The President, his deputies and the ministers have the right to participate in the open sessions of the Assembly either collectively or individually. They may also have their advisers accompany them. If the members of the Assembly deem it necessary, the ministers are obliged to attend. [Conversely], whenever they request it, their statements are to be heard.

Article 71

The Islamic Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution.

Article 72

The Islamic Consultative Assembly cannot enact laws contrary to the usual and ahkam of the official religion of the country or to the Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96.

Article 73

The interpretation of ordinary laws falls within the competence of the Islamic Consultative Assembly. The intent of this Article does not prevent the interpretations that judges may make in the course of cassation.

Article 74

Government bills are presented to the Islamic Consultative Assembly after receiving the approval of the Council of Ministers. Members’ bills may be introduced in the Islamic Consultative Assembly if sponsored by at least fifteen members.

Article 75

Members’ bills and proposals and amendments to governments bills proposed by members that entail the reduction of the public income or the increase of public expenditure may be introduced in the Assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified.

Article 76

The Islamic Consultative Assembly has the right to investigate and examine all the affairs of the country.

Article 77

International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.

Article 78

All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the Islamic Consultative Assembly.

Article 79

The proclamation of martial law is forbidden. In case of war or emergency conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Islamic Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.

Article 80

The taking and giving of loans or grants-in-aid, domestic and foreign, by the government, must be approved by the Islamic Consultative Assembly.

Article 81

The granting of concessions to foreigners for the formation of companies or institutions dealing with commerce, industry, agriculture, services or mineral extraction, is absolutely forbidden.

Article 82

The employment of foreign experts is forbidden, except in cases of necessity and with the approval of the Islamic Consultative Assembly.

Article 83

Government buildings and properties forming part of the national heritage cannot be transferred except with the approval of the Islamic Consultative Assembly; that, too, is not applicable in the case of irreplaceable treasures.

Article 84

Every representative is responsible to the entire nation and has the right to express his views on all internal and external affairs of the country.

Article 85

The right of membership is vested with the individual, and is not transferable to others. The Assembly cannot delegate the power of legislation to an individual or committee. But whenever necessary, it can delegate the power of legislating certain laws to its own committees, in accordance with Article 72. In such a case, the laws will be implemented on a tentative basis for a period specified by the Assembly, and their final approval will-rest with the Assembly. Likewise, the Assembly may, in accordance with Article 72, delegate to the relevant committees the responsibility for permanent approval of articles of association of organizations, companies, government institutions, or organizations affiliated to the government and or invest the authority in the government. In such a case, the government approvals must not be inconsistent with the principles and commandments of the official religion in the country and or the Constitution which question shall be determined by the Guardian Council in accordance with what is stated in Article 96. In addition to this, the government approvals shall not be against the laws and other general rules of the country and, while calling for implementation, the same shall be brought to the knowledge of the Speaker of the Islamic Consultative Assembly for his study and indication that the approvals in question are not inconsistent with the aforesaid rules.

Article 86

Members of the Assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the Assembly or votes cast in the course of performing their duties as representatives.

Article 87

The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.

Article 88

Whenever at least one-fourth of the total members of the Islamic Consultative Assembly pose a question to the President, or any one member of the Assembly poses a question to a minister on a subject relating to their duties, the President or the minister is obliged to attend the Assembly and answer the question. This answer must not be delayed more than one month in the case of the President and ten days in the case of the minister, except with an excuse deemed reasonable by the Islamic Consultative Assembly.

Article 89

1.Members of the Islamic Consultative Assembly can interpolate the Council of Ministers or an individual minister in instances they deem necessary. Interpolations can be tabled if they bear the signatures of at least ten members. The Council of Ministers or interpolated minister must be present in the Assembly within ten days after the tabling of the interpolation in order to answer it and seek a vote of confidence. If the Council of Ministers or the minister concerned fails to attend the Assembly, the members who tabled the interpolation will explain their reasons, and the Assembly will declare a vote of no- confidence if it deems it necessary. If the Assembly does not pronounce a vote of confidence, the Council of Ministers or the minister subject to interpolation is dismissed. In both cases, the ministers subject to interpolation cannot become members of the next Council of Ministers formed immediately afterwards.

2.In the event at least one-third of the members of the Islamic Consultative Assembly interpolate the President concerning his executive responsibilities in relation with the Executive Power and the executive affairs of the country, the President must be present in the Assembly within one month after the tabling of the interpolation in order to give adequate explanations in regard to the matters raised. In the event, after hearing the statements of the opposing and favoring members and the reply of the President, two-thirds of the members of the Assembly declare a vote of no confidence, the same will be communicated to the Leadership for information and implementation of Section (10) of Article 110 of the Constitution.

Article 90

Whoever has a complaint concerning the work of the Assembly or the executive power, or the judicial power can forward his complaint in writing to the Assembly. The Assembly must investigate his complaint and give a satisfactory reply. In cases where the complaint relates to the executive or the judiciary, the Assembly must demand proper investigation in the matter and an adequate explanation from them, and announce the results within a reasonable time. In cases where the subject of the complaint is of public interest, the reply must be made public.

Article 91

With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition:

1.six ‘adil fuqaha’ conscious of the present needs and the issues of the day, to be selected by the Leader, and 2.six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Head of the Judicial Power.

Article 92

Members of the Guardian Council are elected to serve for a period of six years, but during the first term, after three years have passed, half of the members of each group will be changed by lot and new members will be elected in their place.

Article 93

The Islamic Consultative Assembly does not hold any legal status if there is no Guardian Council in existence, except for the purpose of approving the credentials of its members and the election of thee six jurists on the Guardian Council.

Article 94

All legislation passed by the Islamic Consultative Assembly must be sent to the Guardian Council. The Guardian Council must review it within a maximum of ten days from its receipt with a view to ensuring its compatibility with the criteria of Islam and the Constitution. If it finds the legislation incompatible, it will return it to the Assembly for review. Otherwise the legislation will be deemed enforceable.

Article 95

In cases where the Guardian Council deems ten days inadequate for completing the process of review and delivering a definite opinion, it can request the Islamic Consultative Assembly to grant an extension of the time limit not exceeding ten days.

Article 96

The determination of compatibility of the legislation passed by the Islamic Consultative Assembly with the laws of Islam rests with the majority vote of the fuqaha’ on the Guardian Council; and the determination of its compatibility with the Constitution rests with the majority of all the members of the Guardian Council.

Article 97

In order to expedite the work, the members of the Guardian Council may attend the Assembly and listen to its debates when a government bill or a members’ bill is under discussion. When an urgent government or members’ bill is placed on the agenda of the Assembly, the members of the Guardian Council must attend the Assembly and make their views known.

Article 98

The authority of the interpretation of the Constitution is vested with the Guardian Council, which is to be done with the consent of three-fourths of its members.

Article 99

The Guardian Council has the responsibility of supervising the elections of the Assembly of Experts for Leadership, the President of the Republic, the Islamic Consultative Assembly, and the direct recourse to popular opinion and referenda.

Chapter 7 : Councils
Article 100

In order to expedite social, economic, development, public health, cultural, and educational programmes and facilitate other affairs relating to public welfare with the cooperation of the people according to local needs, the administration of each village, division, city, municipality, and province will be supervised by a council to be named the Village, Division, City, Municipality, or Provincial Council. Members of each of these councils will be elected by the people of the locality in question. Qualifications for the eligibility of electors and candidates for these councils, as well as their functions and powers, the mode of election, the jurisdiction of these councils, the hierarchy of their authority, will be determined by law, in such a way as to preserve national unity, territorial integrity, the system of the Islamic Republic, and the sovereignty of the central government.

Article 101

In order to prevent discrimination in the preparation of programmes for the development and welfare of the provinces, to secure the cooperation of the people, and to arrange for the supervision of coordinated implementation of such programmes, a Supreme Council of, the Provinces will be formed, composed of representatives of the Provincial Councils. Law will specify the manner in which this council is to be formed and the functions that it is to fulfil.

Article 102

The Supreme Council of the Provinces has the right within its jurisdiction, to draft bills and to submit them to the Islamic Consultative Assembly, either directly or through the government. These bills must be examined by the Assembly.

Article 103

Provincial governors, city governors, divisional governors, and other officials appointed by the government must abide by all decisions taken by the councils within their jurisdiction.

Article 104

In order to ensure Islamic equity and cooperation in chalking out the programmes and to bring about the harmonious progress of all units of production, both industrial and agricultural, councils consisting of the representatives of the workers, peasants, other employees, and managers, will be formed in educational and administrative units, units of service industries, and other units of a like nature, similar councils will be formed, composed of representatives of the members of those units. The mode of the formation of these councils and the scope of their ‘functions and powers,~are t,o be specified by law.

Article 105

Decisions taken by the councils must not be contrary to the criteria of Islam and the laws of the country.

Article 106

The councils may not be dissolved unless they deviate from their legal duties. The body responsible for determining such deviation, as well as the manner for dissolving the councils and re-forming them, will be specified by law. Should a council have any objection to its dissolution, it has the right to appeal to a competent court, and the court is duty-bound to examine its complaint outside the docket sequence.

Chapter 8 : The Leader or Leadership Council

Article 107

After the demise of the eminent marji’ al-taqlid and great leader of the universal Islamic revolution, and founder of the Islamic Republic of Iran, Ayatullah al-‘Uzma Imam Khumayni – quddisa sirruh al-sharif – who was recognized and accepted as marji’ and Leader by a decisive majority of the people, the task of appointing the Leader shall be vested with the experts elected by the people. The experts will review and consult among themselves concerning all the fuqaha’ possessing the qualifications specified in Articles 5 and 109. In the event they find one of them better versed in Islamic regulations, the subjects of the fiqh, or in political and social Issues, or possessing general popularity or special prominence for any of the qualifications mentioned in Article 109, they shall elect him as the Leader. Otherwise, in the absence of such a superiority, they shall elect and declare one of them as the Leader. The Leader thus elected by the Assembly of Experts shall assume all the powers of the wilayat al-amr and all the responsibilities arising therefrom. The Leader is equal with the rest of the people of the country in the eyes of law.

Article 108

The law setting out the number and qualifications of the experts [mentioned in, the preceding article], the mode of their election, and the code of procedure regulating the sessions during the first term must be drawn up by the fuqaha’ on the first Guardian Council, passed by a majority of votes and then finally approved by the Leader of the Revolution. The power to make any subsequent change or a review of this law, or approval of all the provisions concerning the duties of the experts is vested in themselves.

Article 109

Following are the essential qualifications and conditions for the Leader:

1.scholarship, as required for performing the functions of mufti in different fields of fiqh. 2.Justice and piety, as required for the leadership of the Islamic Ummah. 3.right political and social perspicacity, prudence, courage, administrative facilities and adequate capability for leadership. In case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference.

Article 110

Following are the duties and powers of the Leadership:

1.Delineation of the general policies of the Islamic Republic of Iran after consultation with the Nation’s Exigency Council. 2.Supervision over the proper execution of the general policies of the system. 3.Issuing decrees for national referenda. 4.Assuming supreme command of the armed forces. 5.Declaration of war and peace, and the mobilization of the armed forces. 6.Appointment, dismissal, and acceptance of resignation of: 1.the fuqaha’ on the Guardian Council. 2.the supreme judicial authority of the country. 3.the head of the radio and television network of the Islamic Republic of Iran. 4.the chief of the joint staff. 5.the chief commander of the Islamic Revolution Guards Corps. 6.the supreme commanders of the armed forces. 7.Resolving differences between the three wings of the armed forces and regulation of their relations. 8.Resolving the problems, which cannot be solved by conventional methods, through the Nation’s Exigency Council. 9.Signing the decree formalizing the election of the President of the Republic by the people. The suitability of candidates for the Presidency of the Republic, with respect to the qualifications specified in the Constitution, must be confirmed before elections take place by the Guardian Council;, and, in the case of the first term [of the Presidency], by the Leadership; 10.Dismissal of the’ President of the Republic, with due regard for the interests of the country, after the Supreme Court holds him guilty of the violation of his constitutional duties, or after a vote of the Islamic Consultative Assembly testifying to his incompetence on the basis of Article 89 of the Constitution. 11.Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, on a recommendation [to that effect] from the Head of judicial power. The Leader may delegate part of his duties and powers to another person.

Article 111

Whenever the Leader becomes incapable of fulfilling his constitutional duties, or lobs one of the qualifications mentioned in Articles 5 and 109, or it becomes known that he did not possess some of the qualifications initially, he will be dismissed. The authority of determination in this matter is vested with the experts specified in Article 108. In the event of the death, or resignation or dismissal of the Leader, the experts shall take steps within the shortest possible time for the appointment of the new Leader. Till the appointment of the new Leader, a council consisting of the President, head of the judicial power, and a faqih from the Guardian Council, upon the decision of the Nation’s Exigency Council, shall temporarily take over all the duties of the Leader. In the event, during this period, any one of them is unable to fulfil his duties for whatsoever reason, another person, upon the decision of majority of fuqaha’ in the Nation’s Exigency Council shall be elected in his place. This council shall take action in respect of items 1,3,5, and 10, and sections d,e and f of item 6 of Article 110, upon the decision of three-fourths of the members of the Nation’s Exigency Council. Whenever the Leader becomes temporarily unable to perform the duties of leadership owing to his illness or any other incident, then during this period, the council mentioned in this Article shall assume his duties.

Article 112

Upon the order of the Leader, the Nation’s Exigency Council shall meet at any time the Guardian Council judges a proposed bill of the Islamic Consultative Assembly to be against the principles of Shariah or the Constitution, and the Assembly is ‘unable to meet the expectations of the Guardian Council. Also, the Council shall meet for consideration on any issue forwarded to it by the Leader and shall carry out any other responsibility as mentioned in this Constitution. The permanent and changeable members of the Council shall be appointed by the Leader. The rules for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader.

Chapter 9 : The Executive Power

Article 113

After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the Leadership.

Article 114

The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once.

Article 115

The President must be elected from among religious and political personalities possessing the following qualifications: Iranian origin; Iranian nationality; administrative capacity and resourcefulness; a good past-record; trustworthiness and piety; convinced belief in the fundamental principles of the Islamic Republic of Iran and the official madhhab of the country.

Article 116

Candidates nominated for the post of President must declare their candidature officially. Law lays down the manner in which the President is to be elected.

Article 117

The President is elected by an absolute majority of votes polled by the voters. But if none of the candidates is able to win such a majority In the first round, voting will take place a second time on Friday of the following week. In the second round only the two candidates who received greatest number of votes in the first round will participate. If, however, some of the candidates securing greatest votes in the first round withdraw from the elections, the final choice will be between the two candidates who won greater number of votes than all the remaining candidates.

Article 118

Responsibility for the supervision of the election, of the President lies with the Guardian Council, as stipulated in Article 99. But before the establishment of the first Guardian Council, however, it lies with a supervisory body to be constituted by law.

Article 119

The election of a new President must take place no later than one month before the end of the term of the outgoing President. In the interim period before the election of the new President and the end of the term of the outgoing President, the outgoing President will perform the duties of the, President.

Article 120

In case any of the candidates whose suitability is established in terms of the qualifications listed above should die within ten days before polling day, the elections will be postponed for two weeks. If one of the candidates securing greatest number of votes dies in the intervening period between the first and second rounds of voting, the period for holding (the second round of) the election will be extended for two weeks.

Article 121

The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:

In, the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence of the Noble Qur’an and the people of Iran, by God, the Exalted and Almighty, that I will guard the official religion of the country, the order of the Islamic Republic and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, the propagation of religion and morality, and the support of truth and justice, refraining from every kind of arbitrary behavior; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not shirk any necessary measure; that, seeking help from God and following the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me.

Article 122

The President, within the limits of his powers and duties, which he has by virtue of this Constitution or other laws, is responsible to the people, the Leader and the Islamic Consultative Assembly.

Article 123

The President is obliged to sign legislation approved by the Assembly or the result of a referendum, after the (related) legal procedures have been completed and it has been communicated to him. After signing, he must forward it to the responsible authorities for implementation.

Article 124

The President may have deputies for the performance of his constitutional duties. With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.

Article 125

The President or his legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded by the Iranian government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the Islamic Consultative Assembly.

Article 126

The President is responsible for national planning and budget and state employment affairs and may entrust the administration of these to others.

Article 127

In special circumstances, subject to approval of the Council of Ministers the President may appoint one or more special representatives with specific powers. In such cases, the decisions of his representative(s) will be considered as tee same as those of the President and the Council of Ministers.

Article 128

The ambassadors shall be appointed upon the recommendation of the foreign minister and approval of the President. The President signs the credentials of ambassadors and receives the credentials presented by the ambassadors ,of the foreign countries.

Article 129

The award of state decorations is a prerogative of the President.

Article 130

The President shall submit his resignation to the Leader and shall continue performing his duties until his resignation is not accepted.

Article 131

In case of death, dismissal, resignation, absence, or illness lasting longer than two months of the President, or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, his first deputy shall assume, with the approval of the Leader, the powers and functions of the President. The Council, consisting of the Speaker of the Islamic Consultative Assembly, head, of the judicial power, and the first deputy of the President, is obliged to arrange for a new President to be elected within a maximum period of fifty days. In case of death of the first deputy to the President, or other matters which prevent him to perform his duties, or when the President does not have a first deputy, the Leader shall appoint another person in his place.

Article 132

During the period when the powers and responsibilities of the President are assigned to his first deputy or the other person in accordance with Article 131, neither can the ministers be interpolated nor can a vote of no-confidence be passed against them. Also,neither can any step be undertaken for a review of the Constitution, nor a national referendum be held.

Article 133

Ministers will be appointed by the President and will be presented to the Assembly for a vote of confidence. With the change of Assembly, a new vote of confidence will not be necessary. The number of ministers and the jurisdiction of each will be determined by law.

Article 134

The President is the head of the Council of Ministers. He supervises the work of the ministers and takes all necessary measures to coordinate the decisions of the government. With the cooperation of the ministers, he determines the programme and policies of the government and implements the laws. In the case of discrepancies, or interferences in the constitutional duties of the government agencies, the decision of the Council of Ministers at the request of the President shall be binding provided it does not call for an interpretation of or modification in the laws. The President is responsible to the Assembly for the actions of the Council of Ministers.

Article 135

The ministers shall continue in office unless they are dismissed, or given a vote of no-confidence by the Assembly as a result of their interpolation, or a motion for a vote of no- confidence against them. The resignation of the Council of Ministers, or that of each of them shall be submitted to the President, and the Council of Ministers shall continue to function until such time as the new government is appointed. The President can appoint a caretaker for a maximum period of three months for the ministries having no minister.

Article 136

The President can dismiss the ministers and in such a case he must obtain a vote of confidence for the new minister(s) from the Assembly. In case half of the members of the Council of Ministers are changed after the government has received its vote of confidence from the Assembly, the government must seek a fresh vote of confidence from the Assembly.

Article 137

Each of the ministers is responsible for his duties to the President and the Assembly, but in meters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.

Article 138

In addition to instances in which the Council of Ministers or a single minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the ministers also has the right to frame regulations and issue circular in matters within his jurisdiction and in conformity with the decisions of the Council of Ministers. However, the content of all such regulations must not violate the letter or the spirit of the law. The government can entrust any portion of its task to the commissions composed of some ministers. The decisions of such commissions within the rules will be binding after the endorsement of the President. The ratification and the regulations of the government and the decisions of the commissions mentioned under this Article shall also be brought to the notice of the Speaker of the Islamic Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the Council of Ministers.

Article 139

The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.

Article 140

Allegations of common crimes against the President, his deputies, and the ministers will be investigated in common courts of justice with the’ knowledge of the Islamic Consultative Assembly.

Article 141

The President, the deputies to the President, ministers, and government employees cannot hold more than one government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the Islamic Consultative Assembly, to practice the profession of attorney or legal adviser, or to hold the post of president, managing director, or membership of the board of directors of any kind of private company, with the exception of cooperative companies affiliated to the government departments and institutions. Teaching positions in universities and research institutions are exempted from this rule.

Article 142

The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.

Article 143

The Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.

Article 144

The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to Islamic ideology and the people, and must recruit into its service individuals who have faith in the objectives of the Islamic Revolution and are devoted to the cause of realizing its goals.

Article 145

No foreigner will be accepted into the Army or security forces of the country.

Article 146

The establishment of any kind of foreign military base in Iran, even for peaceful purposes, is forbidden.

Article 147

In time of peace, the government must utilize the personnel and technical equipment of the Army in relief operations, and for educational and productive ends, and the Construction Jihad, while fully observing the criteria of Islamic justice and ensuring that such utilization does not harm the combat-readiness of the Army.

Article 148

All forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of Army personnel as personal servants and chauffeurs or in similar capacities, are forbidden.

Article 149

Promotions in military rank and their withdrawal take place in accordance with the law.

Article 150

The Islamic Revolution Guards Corps, organized in the early days of the triumph of the Revolution, is to be maintained so that it may continue in its role of guarding the Revolution and its achievements. The scope of the duties of this Corps, and its areas of responsibility, in relation to the duties and areas of responsibility of the other armed forces, are to be determined by law, with emphasis on brotherly cooperation and harmony among them.

Article 151

In accordance with the noble Qur’anic verse:

(Prepare against them whatever force you are able to muster, and horses ready for battle, striking fear into God’s enemy and your enemy, and others beyond them unknown to you but known to God… [8:60]). the government is oblige to provide a programme of military training, with all requisite facilities, fob all its citizens, in accordance with the Islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the Islamic Republic of Iran. The possession of arms, however, requires the granting of permission by the competent authorities.

Chapter 10 : Foreign Policy

Article 152

The foreign policy of the Islamic Republic of Iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defence of the rights of all Muslims, non-alignment with respect to the hegemonist superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.

Article 153

Any form of agreement resulting in foreign control over the natural resources, economy, army, or culture of the country, as well as other aspects of the national life, is forbidden.

Article 154

The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the mustad’afun against the mustakbirun in every corner of the globe.

Article 155

The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.

Chapter 11 : The Judiciary
Article 156

The judiciary is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties:

1.investigating and passing judgement on grievances, violations of rights, and complaints; the resolving of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine; 2.restoring public rights and promoting justice and legitimate freedoms; 3.supervising the proper enforcement of laws; 4.uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the Islamic penal code; 5.taking suitable measures to prevent the occurrence of crime and to reform criminals.

Article 157

In order to fulfil the responsibilities of the judiciary power in all the matters concerning judiciary, administrative and executive areas, the Leader shall appoint a just Mujtahid well versed in judiciary affairs and possessing prudence. and administrative abilities as the head of the judiciary power for a period of five years who shall be the highest judicial authority.

Article 158

The head of the judiciary branch is responsible for the following:

1.Establishment of the organizational structure necessary for the administration of justice commensurate with the responsibilities mentioned under Article 156. 2.Drafting judiciary bills appropriate for the Islamic Republic. 3.Employment of just and worthy judges, their dismissal, appointment, transfer, assignment to particular duties, promotions, and carrying out similar administrative duties, in accordance with the law.

Article 159

The courts of justice are the official bodies to which all grievances and complaints are to be referred. The formation of courts and their jurisdiction is to be determined by law.

Article 160

The Minister of Justice owes responsibility in all matters concerning the relationship between the judiciary, on the one hand, and the executive and legislative branches, on the other hand. He will be elected from among the individuals proposed to the President by the head of the judiciary branch. The head of the judiciary may delegate full authority to the Minister of Justice in financial and administrative areas and for employment of personnel other than judges in which case the Minister of Justice shall have the same authority and responsibility as those possessed by the other ministers in their capacity as the highest ranking government executives.

Article 161

The Supreme Court is to be formed for the purpose of supervising the correct implementation of the laws by the courts, ensuring uniformity of judicial procedure, and fulfilling any other responsibilities assigned to it by law, on the basis of regulations to be established by the head of the judicial branch.

Article 162

The chief of the Supreme Court and the Prosecutor-General must both be just mujtahids well versed in judicial matters. They will be nominated by the head of the judiciary branch for a period of five years, in consultation with the judges of the Supreme Court.

Article 164

A judge cannot be removed, whether temporarily or permanently, from the post he occupies except by trial and proof of his guilt, or in consequence of a violation entailing his dismissal. A judge cannot be transferred or redesignated without his consent, except in cases when the interest of society necessitates it, that too, with the decision of the head of the judiciary branch after consultation with the chief of the Supreme Court and the Prosecutor General. The periodic transfer and rotation of judges will be in accordance with general regulations to be laid down by law.

Article 165

Trials are to be held openly and members of the public may attend without any restriction; unless the court determines that an open trial would be detrimental to public morality or discipline, or if in case of private disputes, both the parties request not to hold open hearing.

Article 166

The verdicts of courts must be well reasoned out and documented with reference to the articles and principles of the law in accordance with which they are delivered.

Article 167

The judge is bound to endeavor to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgement on the basis of authoritative Islamic sources and authentic fatawa. He, on the pretext of the silence of or deficiency of law in the matter, or its brevity or contradictory nature, cannot refrain from admitting and examining cases and delivering his judgement.

Article 168

Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law in accordance with the Islamic criteria.

Article 169

No act or omission may be regarded as a crime with retrospective effect on the basis of a law framed subsequently.

Article 170

Judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws or the norms of Islam, or lie outside the competence of,the executive power. Everyone has the right to demand the annulment of any such regulation from the Court of Administrative Justice.

Article 171

Whenever an individual suffers moral or material loss as the result of a default or error of the judge with respect to the subject matter of a case or the verdict delivered, or the application of a rule in a particular case, the defaulting judge must stand surety for the reparation of that loss in accordance with the Islamic criteria, if it be a case of default. Otherwise, losses will be compensated for by the State. In all such cases, the repute and good standing of the accused will be restored.

Article 172

Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie, the police, and the Islamic Revolution Guards Corps. They will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.

Article 173

In order to investigate the complaints, grievances, and objections of the people with respect to government officials, organs, and statutes, a court will be established to be known as the Court of Administrative Justice under the supervision of the head of the judiciary branch. The jurisdiction, powers, and mode of operation of this court will be laid down by law.

Article 174

In accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization I will be constituted under the supervision of the head of the judiciary branch to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law.

Chapter 12 : Radio & Television
Article 175

The freedom of expression and dissemination of thoughts in the Radio and Television of the Islamic Republic of Iran must be guaranteed in keeping with the Islamic’ criteria and the best interests of the country. The appointment and dismissal of the head of the Radio and Television of the Islamic Republic of Iran rests with the Leader. A council consisting of two representatives each of the President, the head of the judiciary branch and the Islamic Consultative Assembly shall supervise the functioning of this organization. The policies and the manner of managing the organization and its supervision will be determined by law.

Chapter 13 : Supreme Council for National Security

Article 176

In order to safeguarding the national interests and preserving the Islamic Revolution, the territorial integrity and national sovereignty, a Supreme Council for National Security presided over by the President shall be constituted to fulfil the following responsibilities:

1.Determining the defence and national security policies within the framework of general policies determined by the Leader. 2.Coordination of activities in the areas relating to politics, intelligence, social, cultural and economic fields in regard to general defence and security policies. 3.Exploitation of materialistic and intellectual resources of the country for facing the internal and external threats. The Council shall consist of: heads of three branches of the government, chief of the Supreme Command Council of the Armed Forces, the officer in charge of the planning and budget affairs, two representatives nominated by the Leader, ministers of foreign affairs, interior, and information, a minister related with the subject, and the highest ranking officials from the Armed Forces and the Islamic Revolution’s Guards Corps. Commensurate with its duties, the Supreme Council for National Security shall form sub-councils such as Defence Sub-council and National Security Sub-council. Each Sub-council will be presided over by the President or a member of the Supreme Council for National Security appointed by the President. The scope of authority and responsibility of the Sub-councils will be determined by law and their organizational structure will be approved by the Supreme Council for National Defence. The decisions of the Supreme Council for National Security shall be effective after the confirmation by the Leader.

Chapter 14 : The Revision of the Constitution

Article 177

The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner: The Leader issues an edict to the President after consultation with the Nation’s Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of:

1.Members of the Guardian Council. 2.Heads of the three branches of the government. 3.Permanent members of the Nation’s Exigency Council. 4.Five members from among the Assembly of Experts. 5.Ten representatives selected by the Leader. 6.Three representatives from the Council of Ministers. 7.Three representatives from the judiciary branch. 8.Ten representatives from among the members of the Islamic Consultative Assembly. 9.Three representatives from among the university professors. The method of working, manner of selection and the terms and conditions of the Council shall be determined by law. The decisions of the Council, after the confirmation and signatures of the Leader, shall be valid if approved by an absolute majority vote in a national referendum. The provisions of Article 59 of the Constitution shall not apply to the referendum for the, “Revision of the Constitution.” The contents of the Articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the wilayat al-‘mr the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran [Islam] and the school [Twelver Ja’fari] are unalterable.

Constitution is meant for all the people of the country and not for the people of their own way of thinking alone.

AIR 1973 SC 947 : (1973) 2 SCR 541 : (1973) 1 SCC 20 : (1973) CriLJ SC 370

(SUPREME COURT OF INDIA)

Jagmohan Singh Appellant
Versus
State of U.P. Respondent

(Before : S. M. Sikri, C.J.I., A. N. Ray, I. D. Dua, D. G. Palekar And M. H. Beg, JJ.)

Criminal Appeal No. 173 of 1971, Decided on : 03-10-1972.

Constitution of India, 1950—Interpretation of the Constitution and the Statutes—Test for reasonableness of enactments according to the Constitution—Depends upon various factors and considerations—It is inevitable that the social philosophy and scale of values of the interpreting Judges may play an important part in interpreting and interfering with legislative judgment—But Judges should be dictated by their sense of responsibility and self-restraint governed by the sobering reflection that Constitution is meant for all the people of the country and not for the people of their own way of thinking alone.

Counsel for the Parties:

M/s. R. K. Garg, A. K. Gupta, Miss. Indira Jai Singh, M/s. V. J. Francis and R. S. Sharma, Advocates, for Appellants

Mr. O. P. Rana, Advocate, for Respondent, Mr. A. V. Rangam and Miss A. Subhashini Advocates, for the State of Tamil Nadu; Mr. R. N. Bagra, Advocate General for State of Mysore (Mr. M. Veerappa, Advocate with him), for the State of Mysore, Mr. F. S. Nariman Addl. Solicitor General of India (M/s. P. Parameshwara Rao and B. D. Sharma Advocates with him) for the Attorney General

Mr. Bakshi Sita Ram, Advocate General for the State of Himachal Pradesh, (Mr. R. N. Sachthey, Advocate with him, for Advocate General Himachal Pradesh; Mr. A. K. Gupta Advocate for Intervener (Mr. Shyam Narain) M/s. R. K. Jain and R. K. Garg Advocates of M/s. Ramamurthi and Co. for Interveners (M/s. Duraipandi Thevar and Krishna Thevar.)

Judgement

Palekar, J—The appellant Jagmohan Singh has been convicted under Section 302, IPC for the murder of one Chhotey Singh and sentenced to death by the learned Sessions Judge, Shahjahanpur. The conviction and the sentence are confirmed by the Allahabad High Court. On the appellant coming to this Court by special leave, special leave was granted limited to the question of sentence only.

2. The short facts of the case are that some six or seven years before the present offence one Shivraj Singh, father of Jagbir Singh a cousin of the appellant, was murdered. The deceased Chhotey Singh was charged for that murder but was eventually acquitted by the High Court. As a result of that murder, there was ill-feeling between Chhotey Singh, on the one hand, and the appellant and Jagbir Singh, on the other. Both of them were minors at the time of the murder of Shivraj Singh. But by now they had grown up and it is plain from the evidence that Chhotey Singh’s murder was the result of this ill-feeling. Chhotey Singh was murdered on September 10, 1969 at about 5.00 P. M. A day earlier, there was a quarrel between Jagmohan Singh and Jagbir Singh, on the one hand and Chhotey Singh, on the other on the question of a right to irrigate their fields. However, the dispute was settled by persons who reached the spot at the time and nothing untoward happened. Next day, however, the appellant armed with a country made pistol and Jagbir Singh armed with a lathi concealed themselves in a bajra field and emerged from the same as Chhotey Singh passed by to go to his field for fetching fodder. The appellant asked Chhotey Singh to stop so that the matter between them could be settled once for all. Naturally Chhotey Singh tried to run away but he was chased by the appellant and shot in the back. Chhotey Singh fell down after running some distance and died. That is how the murder was committed.

3. On the facts and circumstances of the case the learned Sessions Judge held that the appellant deserved the extreme penalty. The High Court, while confirming the death sentence, observed that there were no extenuating circumstances and the sentence of death awarded to the appellant was just and proper. The question is whether this Court should interfere with the sentence.

4. Under Section 367 (5) of the Criminal Procedure Code as it stood before its amendment by Act 26 of 1955 the normal rule was to sentence the accused to death on a conviction for murder and to impose the lesser sentence of imprisonment for life for reasons to be recorded in writing. That provision is now deleted and it is left to the judicial discretion of the Court whether the death sentence or the lesser sentence should be imposed. That discretion has been exercised concurrently by the Trial Court and the High Court and the question is whether there are sufficient reasons for this Court to interfere with that discretion. As pointed out by this Court in Ram Narain v. The State of U. P. AIR 1971 SC 757 this Court normally does not interfere with the discretion exercised by the High Court on the question of sentence unless the High Court has disregarded recognised principles in imposing the sentence and there has been a failure of justice. It cannot be said on the facts of this case that there has been any breach of the principles governing the matter of sentence. The appellant had armed himself with a gun and was lying in wait for the victim to pass. There was no immediate cause. The murder was entirely motivated by ill-feelings nurtured for years. The offence was premeditated. On seeing the appellant Chhotey Singh started running away but he was chased and done to death. In these circumstances, it can hardly be said that the High Court did not exercise its discretion properly. We are, therefore, not inclined to interfere with the sentence imposed by the High Court.

5. Mr. Garg appearing on behalf of the appellant however raised the question of constitutional impermissibility of the death sentence for murder and we have to deal with the question at some length. In the first place, he contended, the death sentence, puts an end to all fundamental rights guaranteed under clauses (a) to (g) of sub-clause (1) of Art. 19 and, therefore, the law with regard to capital sentence is unreasonable and not in the interest of the general public. Secondly, he contended the discretion invested in the Judges to impose capital punishment is not based on any standards or policy required by the Legislature for imposing capital punishment in preference to imprisonment for life. In his submission, this was a stark abdication of essential legislative function, and, therefore, Section 302-IPC is vitiated by the vice of excessive delegation of essential legislative function. Thirdly, he contended, the uncontrolled and unguided discretion in the Judges to impose capital punishment or imprisonment for life is hit by Article 14 of the Constitution, because two persons found guilty of murder on similar facts are liable to be treated differently one forfeiting his life and the other suffering merely a sentence of life imprisonment. Lastly it was contended that the provisions of the law do not provide a procedure for trial of factors and circumstances crucial for making the choice between the capital penalty and imprisonment for life. The trial under the Criminal Procedure Code is limited to the question of guilt. In the absence of any procedure established by law in the matter of sentence, the protection given by Art. 21 of the Constitution was violated and hence for that reason also the sentence of death is unconstitutional.

6. The first submission is based on the provisions of Article 19 of the Constitution. That Article does not directly deal with the freedom to live. It deals with 7 freedoms like freedom of speech and expression freedom to assemble peaceably and without arms etc. but not directly with the freedom to live. It is, however, contended that freedom to live is basic to all the several freedoms and since the enjoyment of those seven freedoms is impossible without conceding freedom to bye the latter cannot be denied by any law unless such law is reasonable and is required in general public interest. It was therefore contended that unless it was shown that the sentence of death for murder passed the test of reasonableness and general public interest, it would not be a valid law.

7. We will assume for the purposes of the present argument that the right to live is basic to the freedoms mentioned in Article 19 and that no law can deprive the life of a citizen unless it is reasonable and in the public interest. The question, therefore, for our consideration is whether the law, namely. Section 302-IPC which prescribes the sentence of death for murder passes the above test.

8. In this connection it would be proper to recall the observations of Patanjali Sastri, C. J. in State of Madras v. V. G. Row (1952) SCR 597 at page No. 607 :

“It is important in this context to bear in mind that the test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern, of reasonableness can be laid down as applicable to all cases. The nature of the right alleged to have been infringed, the underlying purpose of the restrictions imposed, the extent and urgency of the evil sought to be remedied thereby, the disproportion of the imposition, the prevailing conditions at the time should all enter into the judicial verdict. In evaluating such elusive factors and forming their own conception of what is reasonable, in all the circumstances of a given case, it is inevitable that the social philosophy and the scale of values of the judges participating in the decision should play an important part, and the limit to their interference with legislative judgment in such cases can only be dictated by their sense of responsibility and self-restraint and the sobering reflection that the Constitution is meant not only for people of their way of thinking but for all, and that the majority of the elected representatives of the people have in authorising the imposition of the restrictions, considered them to be reasonable.” The responsibility of Judges in that respect is the greater, since the question as to whether capital sentence for murder is appropriate in modern times has raised serious controversy the world over sometimes with emotional overtones. It is therefore, essential that we approach this constitutional question with objectivity and a proper measure of self restraint.

9. The arguments advanced by Mr. Garg against death penalty per se were practically similar to those which were addressed recently to the Supreme Court of America in the case of Furman v. State of Georgia (Nos. 69-5003, 69-5030 and 69-5031 decided on June 29, 1972) and obtained the assent of two Judges, Mr. Justice Brennan and Mr. Justice Marshall. In that case the Judges were invited to reject capital punishment on the ground that it violated the Eighth Amendment which forbade “cruel and unusual punishments”. Brennan, J. accepted the validity of the challenge in these words:

“If a punishment is unusually severe, if there is a strong probability that it is inflicted arbitrarily, if it is substantially rejected by contemporary justice and if there is no reason to believe that it serves any judicial purpose more effectively than some less severe punishment, then the due infliction of that punishment violates the command of the clause that the state may not inflict inhuman and uncivilized punishments upon those convicted of crimes.”

Marshal, J. observed as follows:

“There is but one conclusion that can be drawn from all of this – i.e., the death penalty is an excessive and unnecessary punishment which violates the Eighth Amendment. The statistical evidence is not convincing beyond all doubt, but, it is persuasive. It is not improper at this point to take judicial notice of the fact that for more than 200 years men have labored to demonstrate that capital punishment serves no purpose that life imprisonment could not serve equally as well. And they have done so with great success. Little if any evidence had been adduced to prove the contrary. The point has now been reached at which deference to the legislatures is tantamount to abdication of our judicial roles as factfinders. Judges, and ultimate arbiters of the constitution. We know that at some point the presumption of constitutionality accorded to legislative acts gives way to a realistic assessment of those acts. This point comes when there is sufficient evidence available so that Judges can determine not whether the legislature acted wisely, but whether it had any rational basis whatsoever for acting. We have this evidence before us now. There is no rational basis for concluding that capital punishment is not excessive. It therefore violates the Eighth Amendment.”

In another place he observed:

“I believe that the great mass of citizens would conclude on the basis of the material already considered that the death penalty is immoral and therefore unconstitutional.”

10. The arguments advanced by Mr. Garg were intended to persuade us to come to the above conclusion on the abstract question at to whether death penalty for murder was cosnstitutionally permissible.

11. It is, however, to be noted in the above case of Nos. 69-5003, 69-5030 and 69-5031, D/- 29-6-1972 (S. C. of America), that though the learned Judges by a majority of 5 to 4 set aside the sentences of death with which they were concerned. It was only Brennan and Marshal, JJ. who were prepared to outlaw capital punishment on the ground that it was an anachronism, degrading to human dignity and unnecessary in modern life. The other three Judges namely Mr. Justice Douglas, Mr. Justice Stewart and Mr. Justice White who formed the majority along with Brennan and Marshall, JJ. did not take the view that the Eighth Amendment prohibited capital punishment for all crimes and under all circumstances. Mr. Justice Douglas, indeed, held that the death penalty contravened the Eighth Amendment. But his judgment is not capable of being read as requiring the final abolition of capital punishment. Mr. Justice Steward and Mr. Justice White merely concluded that the death sentence before them must be set aside because prevailing sentencing practices did not comply with the Eighth Amendment. The minority of four Judges (Burger, C. J. Blackmun-Powell and Rehnquist JJ.) held that death penalty did not contravene the Eighth Amendment, Mr. Justice Douglas in reversing the death sentence was of the view that “the Eighth Amendment required legislatures to write penal laws that are even-handed, non-selective and non-arbitrary and to require Judges to see to it that general laws are not applied sparsely, selectively, and spottily to unpopular groups.” As is clear from his judgment Douglas, J. was very much exercised by the fact that the law with regard to death penalty was being enforced in a discriminatory manner – the victim being mostly the poor and the despised, especially, if he was a member of a suspect or unpopular minority-obviously meaning the Negros. At the end of the judgment, however, he made it clear that he was not considering in that case whether mandatory death penalty would be constitutional if it was enforced even-handedly and in a non-discriminatory manner. Mr. Justice Stewart after noting that at least two of his brothers (Brennan and Marshall, JJ) had concluded that the infliction of the death penalty is constitutionally impermissible in all circumstances under the Eighth and Fourteenth Amendments stated “their case is a strong one. But I find it unnecessary to reach the ultimate question they would decide.” At a later stage he made it clear that “the constitutionality of capital punishment in the abstract is not, however, before us in these cases.” Mr. Justice White stated his opinion “In joining the Court’s judgment, therefore. I do not at all intimate that the death penalty is unconstitutional per se or that there is no system of capital punishment that would comport with the Eighth Amendment. That question, ably argued by several of my Brethern, is not presented by these cases and need not be decided.” It will thus be seen that although the death sentences in that case were set aside by a majority three out of five Judges who formed the majority did not consider it necessary to outlaw capital punishment on the social and moral considerations which prevailed upon the other two Judges namely Brennan and Marshall JJ. In short, even when the Court was presented with a wealth of evidence compiled by Sociologist and research workers in refutation of the necessity of retaining capital punishment, only two Judges out of nine could be persuaded to hold that capital punishment per se is constitutionally impermissible.

12. So far as we are concerned in this country, we do not have, in our Constitution any provision like the Eighth Amendment nor are we at liberty to apply the test of reasonableness with the freedom with which the Judges of the Supreme Court of America are accustomed to apply “the due process” clause. Indeed what is cruel and unusual may, in conceivable circumstances, be regarded as unreasonable. But when we are dealing with punishments for crimes as prescribed by law we are confronted with a serious problem. Not a few are found to hold that life imprisonment, especially, as it is understood in U. S. A. is cruel. On the other hand, capital punishment cannot be described as unusual because that kind of punishment has been with us from ancient times right upto the present day though the number of offences for which it can be imposed has continuously dwindled. The framers of our Constitution were well aware of the existence of capital punishment as a permissible punishment under the law. For example. Article 72 (1) (c) provides that the President shall have power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of an offence “in all cases where the sentence is a sentence of death”. Article 72 (3) further provides that “Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.” The obvious reference is to Sections 401 and 402 of the Criminal Procedure Code. Then again entries 1 and 2 in List III of the Seventh Schedule refer to Criminal Law and criminal procedure. In entry No. 1 the entry Criminal Law is extended by specifically including therein “all matters included in the Indian Penal Code at the commencement of this Constitution.” All matters not only referred to offences but also punishments – One of which is the death sentence. Article 134 gives a right of appeal to the Supreme Court where the High Court reverses an order of acquittal and sentences a person to death. All these provisions clearly go to show that the Constitution-makers had recognised the death sentence as a permissible punishment and had made constitutional provisions for appeal, reprieve and the like. But more important than these provisions in the Constitution is Article 21 which provides that no person shall be deprived of his life except according to procedure established by law. The implication is very clear. Deprivation of life is constitutionally permissible if that is done according to procedure established by law. In the face of these indications of constitutional postulates it will be very difficult to hold that capital sentence was regarded per se as unreasonable or not in the public interest.

13. Reference was made by Mr. Garg to several studies made by Western Scholars to show the ineffectiveness of capital punishment either as a deterrent or as appropriate retribution. There is large volume of evidence complied in the West by kindly social reformers and research workers to confound those who want to retain the capital punishment. The controversy is not yet ended and experiments are made by suspending the death sentence where possible in order to see its effect. On the other hand most of these studies suffer from one grave defect namely that they consider all murders as stereotypes, the result of sudden passion or the like, disregarding motivation in each individual case. A large number of murders is undoubtedly of the common type. But some at least are diabolical in conception and cruel in execution. In some others where the victim is a person of high standing in the country Society is liable to be rocked to its very foundation. Such murders cannot be simply whisked away by finding alibis in the social maladjustment of the murderer. Prevalence of such crimes speaks, in the opinion of many, for the inevitability of death penalty not only by way of deterrence but as a token of emphatic disapproval by the society.

14. We have grave doubts about the expediency of transplanting Western experience in our country. Social conditions are different and so also the general intellectual level. In the context of our criminal law which punishes murder one cannot ignore the fact that life imprisonment works out in most cases to a dozen years of imprisonment and it may be seriously questioned whether that sole alternative will be an adequate substitute for the death penalty. We have not been referred to any large scale studies of crime statistics complied in this country with the object of estimating the need of protection of the society against murders. The only authoritative study is that of the Law Commission of India published in 1967. It is its Thirty-Fifth Report. After collecting as much available material as possible and assessing the views expressed in the West both by abolitionists and the retentionists the Law Commission has come to its conclusion at paras 262 to 264. These paragraphs are summarized by the Commission as follows at page 354 of the Report:

“The issue of abolition or retention has to be decided on a balancing of the various arguments for and against retention. No single argument for abolition or retention can decide the issue. In arriving at any conclusion on the subject the need for protecting society in general and individual human beings must be borne in mind.

It is difficult to rule out the validity of, or the strength behind many of the arguments for abolition. Nor does the Commission treat lightly the argument based on the irrevocability of the sentence of death the need for a modern approach, the severity of capital punishment and the strong feeling shown by certain sections of public opinion in stressing deeper questions of human values.

Having regard, however, to the conditions in India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, India cannot risk the experiment of abolition of capital punishment.

Arguments which would be valid in respect of one area of the world may not hold good in respect of another area, in this context. Similarly, even if abolition in some parts of India may not make a material difference, it may be fraught with serious consequences in other parts.

On a consideration of all the issues involved, the Commission is of the opinion, that capital punishment should be retained in the present state of the country.”

14. A very responsible body has come to the above conclusion after considering all the relevant factors. On the conclusions thus offered to us, it will be difficult to hold that capital punishment as such is unreasonable or not required in the public interest.

15. In dealing with the question of reasonableness we cannot ignore the procedural safeguards provided by the statute. An accused charged for murder is first put up before a Magistrate who on an examination of the evidence commits him to the Court of Session for trial. The accused knows at this stage what is the evidence against him. The trial is conducted before a Sessions Judge or an Additional Sessions Judge with considerable experience in the trial of criminal cases. If the Sessions Judge after trial comes to the conclusion that the accused is guilty of murder and deserves to be sentenced to death he is required under Section 374 of the Criminal Procedure Code to submit to the High Court the proceedings before him and it is the High Court which has to review the whole evidence and consider whether the sentence of death passed by the Sessions Judge should be confirmed. The rule under Section 378 is that this review of the evidence shall be made by a bench of not less than two Judges. If the sentence of death is confirmed, the accused can in appropriate cases appeal to the Supreme Court by special leave. In cases where the Sessions Judge acquits the accused of murder but the High Court in appeal sets aside the acquittal and sentences him to death, the accused is entitled under the Constitution to prefer an appeal as of right to this Court. It will be thus seen that there are inbuilt procedural safeguards against any hasty decision.

16. As is well known, the subject of capital punishment is a difficult and controversial subject, long and hotly debated. It has evoked strong views. In that state of affairs if the Legislature decides to retain capital punishment for murder it will be difficult for this Court in the absence of objective evidence regarding its unreasonableness to question the wisdom and propriety of the legislature in retaining it. A Bill for the abolition of capital punishment was introduced in the Lok Sabha in 1956 but the same was rejected on November 23, 1956. Similarly a resolution for the abolition of capital punishment was introduced in the Rajya Sabha in 1958 but the same was withdrawn after debate. Later in 1961 a similar resolution was moved in the Rajya Sabha but the same was negatived in 1962. A resolution for its abolition was discussed in the Lok Sabha but the same was withdrawn after discussion. All this goes to show that the representatives of the people do not welcome the prospect of abolishing capital punishment. In this state of affairs, we are not prepared to conclude that capital punishment as such is either unreasonable or not in the public interest.

17. The next contention of Mr. Garg was that by providing in Section 302-IPC that one found guilty thereunder is liable to be punished either with death sentence or imprisonment for life, the legislature has abdicated its essential function in not providing by legislative standards in what cases the Judge should sentence the accused to death and in what cases he should sentence him only to life imprisonment. It may be noted here that prior to the Amending Act 26 of 1955. Section 367 (5) of the Criminal Procedure Code read as follows:

“If the accused is convicted of an offence punishable with death and the Court sentences him to any punishment other than death the Court shall in its judgment state the reason why sentence of death was not passed.”

By the amendment this provision is deleted and as the Code at present stands punishment for murder is one of the two – namely death or imprisonment for life. Neither Section 302 IPC nor any other provision in the Criminal Procedure Code says in what cases the capital punishment is to be imposed and in what others the lesser punishment. It is therefore, argued by Mr. Garg that the Legislature has left this awful duty to the Judge or Judges concerned without laying down any standards to guide them in their decision. In fact he says the Legislature has abdicated its legislative function and this delegation of its power to the Judges is vitiated by the vice of excessive delegation. We think there is no merit in this submission. In this connection we have to take note of the policy of the law with regard to crimes and their punishments. The position in England is stated by Halsbury in Laws of England. Third Edition, Volume 10 at page 486. The relevant portion of para 888 is as follows:

“Decision of Court as to punishment. In all crimes except those for which the sentence of death must be pronounced a very wide discretion in the matter of fixing the degree of punishment is allowed to the Judge who tries the case.

The policy of the law is, as regards most crimes, to fix a maximum penalty, which is intended only for the worst cases, and to leave to the discretion of the judge the determination of the extent to which in a particular case the punishment awarded should approach to or recede from the maximum limit. The exercise of this discretion is a matter of prudence and not of law, but an appeal lies by the leave of the Court of Criminal Appeal against any sentence not fixed by law, and if leave is given, the sentence can be altered by that Court. Minimum penalties have in some instances been prescribed by the enactment creating the offence.”

18. The position in India is practically the same. The exception made in English Law with regard to the sentence of death does not hold good in India. The policy of our criminal law as regards all crimes, including the crime of murder, is to fix a maximum penalty – the same being intended for the worst cases, leaving a very wide discretion in the matter of punishment to the Judge. In England, murder and treason were offences for which the death sentence was mandatory. If after trial the accused was found guilty by the Jury, neither the Jury nor the Judge had any discretion in the matter of sentence. The Judge had to sentence the accused to death. The sentence may be reprieved by the Home Secretary after taking all the circumstances of the case and other matters, into consideration. But that was no part of the judicial process. 19. Absence of any discretion with regard to the sentence raised strong criticism in England because it was recognised as was done in many other countries that death penalty was not the only appropriate punishment for murder. A Royal Commission was thereupon appointed in 1949 to consider and report whether liability under the Criminal Law in Great Britain to suffer capital punishment for murder should be limited or modified and if so to what extent and by what means. In its report published in 1953 the Commission found it impossible to improve the position either by re-defining murder or by dividing murder into degrees. In para 535 of the Report it pointed out that “the general liability under the existing law to suffer capital punishment for murder cannot be satisfactorily limited by such means. (i e. re-defining murder or dividing murder into degrees) because no legal definition can cover all the multifarious considerations, relating to the offender as well as to his crime, which ought to be taken into account in deciding whether the supreme penalty should be exacted in each individual case.” The Commission considered various alternatives – one of them being a provision on the lines of Section 302-IPC which was pressed with great force by Sir John Beaumont – a former Chief Justice of the Bombay High Court, and later a Privy Councillor. He pressed on the Commission the advisability of leaving it to the Judge whether the death sentence should be imposed or the lesser sentence adding further that this procedure had worked quite well in India for generations and there was no reluctance on the part of the Judges to assume the responsibility to pass the death sentence. The Judges in England, however unanimously refused to accept such a responsibility. The question then arose whether the responsibility for the death sentence may be given to the Jury as was done in some of the States in America. The Royal Commission fell in with this suggestion and expressed itself as follows (See para 595 of the Report).

“It is not questioned that the liability to suffer capital punishment under the existing law is rigorous to excess. We cannot but regard it as a reproach to our criminal law that this excessive rigour should be tolerated merely because it is corrected by executive action. The law itself should mitigate it. We have been forced to the conclusion that this cannot be done by a redefinition of murder or by dividing murder into degrees. No formula is possible that would provide a reasonable criterion for the infinite variety of circumstances that may affect the gravity of the crime of murder. Discretionary judgment on the facts of each case is the only way in which they can be equitably distinguished. This conclusion is borne out by American experience there the experiment of degrees of murder, introduced long ago, has had to be supplemented by giving to the Courts a discretion that in effect supersedes it. Such a discretion, if it is to be part of the legal process and not an act of executive clemency must be given either to the Judge or to the jury. We find that the Judges in this country, for reasons we respect, would be most reluctant to assume this duty. There remains the method of entrusting it to the jury. We are satisfied that as long as capital punishment is retained this is the only practicable way of correcting the outstanding defects of the existing law.”

20. In India the difficulty encountered by the Commission had been overcome long ago and it is accepted by the public that only the Judges shall decide the sentence. Where an error is committed in the matter of sentence the same is liable to be corrected by appeals and revisions to higher Courts for which appropriate provision was made in the Criminal Procedure Code. The structure of our criminal law which is principally contained in the Indian Penal Code and the Criminal Procedure Code underlines the policy that when the Legislature has defined an offence with sufficient clarity and prescribed the maximum punishment therefor, a wide discretion in the matter of fixing the degree of punishment should be allowed to the Judge. As pointed out by Ratanlal in his Law of Crimes. Twenty-Second Edition page 98.

“The authors of the Code had in many cases not heinous, fixed a minimum as well as a maximum punishment. The Committee were of opinion that, considering the general terms in which offences were defined it would be inexpedient, in most cases, to fix a minimum punishment; and they had accordingly so altered the Code as to leave the minimum punishment for all offences, except those of the gravest nature, to the discretion of the Judge who would have the means in each case of forming an opinion as to the character of the offender and the circumstances whether aggravating or mitigating, under which the offence had been committed. But with respect to some heinous offences – such as offences against the State, murder, attempt to commit murder and the like – they had thought it right to fix a minimum punishment.”

21. In the whole Code there is only one section (Section 303) where death is prescribed as the only punishment for murder by person under sentence of imprisonment for life. There are several other sections in which death sentence could be imposed, but that sentence is not mandatory. Under two sections namely Sec. 302-murder and Section 121-waging war against the Government of India, alternative punishments of death or imprisonment for life are leviable. These are the two sections where the maximum punishment is death and the minimum is imprisonment for life. There are two other sections in the Indian Penal Code where the minimum punishment is prescribed – one is S. 397 which provides that if at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years and (2) Section 398 which provides that if at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. As regards the rest of the offences, even those cases where the maximum punishment is the death penalty, a wide discretion to punish is given to the Judge. The reasons are explained by Ratanlal on the page referred to above.

“Circumstances which are properly and expressly recognized by the law as aggravations calling for increased severity of punishment are principally such as consist in the manner in which the offence is perpetrated:whether it be by forcible or fraudulent means, or by aid of accomplices or in the malicious motive by which the offender was actuated or the consequences to the public or to individual sufferers, or the special necessity which exists in particular cases for counteracting the temptation to offend, arising from the degree of expected gratification, or the facility of perpetration peculiar to the case. These considerations naturally include a number of particulars as of time, place, persons and things, varying according to the nature of the case. Circumstances which are to be considered in alleviation of punishment are:(1) the minority of the offender; (2) the old age of the offender; (3) the condition of the offender e. g., wife, apprentice; (4) the order of a superior military officer; (5) provocation; (6) when offence was committed under a combination of circumstances and influence of motives which are not likely to recur either with respect to the offender or to any other; (7) the State of health and the sex of delinquent. Bentham mentions the following circumstances in mitigation of punishment which should be inflicted:(1) absence of bad intention; (2) provocation; (3) selfpreservation; (4) preservation of some near friends; (5) transgression of the limit of self-defence; (6) submission to the menaces; (7) submission to authority; (8) drunkenness; (9) childhood.”

22. Indeed these are not the only aggravating or mitigating circumstances which should be considered when sentencing an offender. The list is not intendeed to be exhaustive. In fact the Punjab High Court has held that considerable delay in the disposal of a case may be a factor in awarding lesser punishment. See:Municipal Committee v. Baisakhi Ram.

23. The policy of the law in giving a very wide discretion in the matter of punishment to the Judge has its origin in the impossibility of laying down standards. Take, for example, the offence of Criminal breach of trust punishable under Section 409-IPC. The maximum punishment prescribed for the offence is imprisonment for life. The minimum could be as low as one day’s imprisonment and fine. It is obvious that if any standards were to be laid down with regard to several kinds of breaches of trust by the persons referred in that Section, that would be an impossible task. All that could be reasonably done by the Legislature is to tell the Judges that between the maximum and minimum prescribed for an offence, they should, on balancing the aggravating and mitigating circumstances as disclosed in the case, judicially decide what would be the appropriate sentence. Take the other case of the offence of causing hurt. Broadly, that offence is divided into two categories – simple hurt and grievous hurt. Simple hurt is again sub-divided – simple hurt caused by a lethal weapon is made punishable by a higher maximum sentence – Section 324. Where grievous hurt is caused by a lethal weapon, it is punishable under Section 326 and is a more aggravated form of causing grievous hurt than the one punishable under Section 325. Under Section 326 the maximum punishment is imprisonment for life and the minimum can be one day’s imprisonment and fine. Where a person by a lethal weapon causes a slight fracture of one of the un-important bones of the human body, he would be as much punishable under Section 326-IPC as a person who with a knife scoops out the eyes of his victim. It will be absurd to say that both of them, because they are liable under the same section should be given the same punishment. Here too, any attempt to lay down standards why in one case there should be more punishment and in the other less punishment would be an impossible task. What is thus true with regard to punishment imposed for other offences of the Code is equally true in the case of murder punishable under Section 302-IPC. Two alternate sentences are provided one of which could be described as the maximum and the other minimum. The choice is between these two punishments and as in other cases the discretion is left to the Judge to decide upon the punishment in the same manner as it does in the case of other offences, namely, balancing the aggravating and mitigating circumstances. The framers of the Code attempted to confine the offence of murder within as narrow limits as it was possible for them to do in the circumstances. All culpable homicides were not made punishable under Section 302-IPC. Culpable homicides were divided broadly into two classes (1) culpable homicide amounting to murder and (2) culpable homicide not amounting to murder. Culpable homicide which fell in the one or the other of the four strictly limited categories described in S. 300-IPC amounted to murder unless it fell in one of the five exceptions mentioned in that section, in which case the offence of murder was reduced to culpable homicide not amounting to murder. Any further refinement of the definition of murder was not practicable and, therefore, not attempted. The recent experience of the Royal Commission referred to above only emphasizes the extreme difficulty. The Commission frankly admitted that it was not possible to prescribe the lesser punishment of imprisonment for life by redefinition of murder or by dividing murder into degrees. It conceded that no formula was possible that would provide a reasonable criterion for the infinite variety of circumstances that may affect the gravity of the crime of murder. That conclusion forced the Commission to the view that discretionary judgment on the facts of each case is the only way in which they can be equitably distinguished. See:para 595 of the Commission’s Report.

24. American experience is not different. In some of the States murder and rape were punishable with death. But that was not the only punishment. The law gave the Jury discretion in capital sentencing and the question arose recently before the Supreme Court of America in Mcgautha v. California (1971) 28 Law Ed 2d 711 (713) whether in the absence of any standards for deciding when the accused should be sentenced to death or to life imprisonment the provision of law which gives the discretion to the Jury was constitutional. Mr. Justice Harlan delivered the opinion of five Judges and Mr. Justice Black substantially agreed with that opinion in a separate judgment. The majority held that “the infinite variety of cases and facets to each case would make general standards either meaningless ‘boiler plate’ or a statement of the obvious that no Jury would need.” The majority agreed with the view of the Royal Commission already referred to and observed “those who have come to grips with the hard task of actually attempting to draft means of channeling capital sentencing discretion have confirmed the lesson taught by the history recounted above. To identify before the fact those characteristics of criminal homicides and their perpetrators which call for the death penalty, and to express these characteristics in language which can be fairly understood and applied by the sentencing authority, appear to be tasks which are beyond present human ability.” The Model Judicial Code which was presented to the Court as an attempt towards standardisation was strongly criticised by the majority who pointed out that the Draftsmen of the Model Judicial Code had expressly agreed with the conclusion of the Royal Commission that the factors which determined whether the sentence of death is the appropriate penalty in particular cases are too complex to be expressed within the limits of a simple formula. Some of the circumstances of aggravation and mitigation were mentioned in the Appendix to the Code. But it was pointed out that the Draftsmen of the Code did not restrict themselves to the items referred to in the Appendix but expressly stated that besides the above circumstances the Court was bound to take into consideration “any other facts that the Court deems relevant.” This only meant that any exhaustive enumeration of aggravating or mitigating circumstances is impossible – the admission of which emphasizes the view that standardisation is impossible. Finally the majority observed at page 726:”In light of history, experience and the present limitations of human knowledge, we find it quite impossible to say that committing to the untrammelled discretion of the jury the power to pronounce life or death in capital cases is offensive to anything in the Constitution.”

25. In India this onerous duty is cast upon Judges and for more than a century the Judges are carrying out this duty under the Indian Penal Code. The impossibility of laying down standards is at the very core of the criminal law as administered in India which invests the Judges with a very wide discretion in the matter of fixing the degree of punishment. That discretion in the matter of sentence is as already pointed out, liable to be corrected by superior Courts. Laying down of standards to the limited extent possible as was done in the Model Judicial Code would not serve the purpose. The exercise of judicial discretion on well-recognised principles is, in the final analysis, the safest possible safeguards for the accused.

26. It was next contended by Mr. Garg that uncontrolled and unguided discretion in the Judges to impose capital punishment or imprisonment for life was hit by Article 14 of the Constitution. We do not find any merit in this contention also. If the Law has given to the Judge a wide discretion in the matter of sentence to be exercised by him after balancing all the aggravating and mitigating circumstances of the crime, it will be impossible to say that there would be at all any discrimination, since facts and circumstances of one case can hardly be the same as the facts and circumstances of another. It has been pointed out by this Court in Budhan Choudhry v. The State of Bihar, (1965) 1 SCR 1045 that Art. 14 can hardly be invoked in matters of judicial discretion. This Court observed at page 1054:

“It has, however, to be remembered that, in the language of Frankfurter, J. in Snowden v. Hughes, (1943) 321 US I) ‘the Constitution does not assure uniformity of decisions or immunity from merely erroneous action, whether by the Court or the executive agencies of a State’. The judicial decision must of necessity depend on the facts and circumstances of each particular case and what may superficially appear to be an unequal application of the law may not necessarily amount to a denial of equal protection unless there is shown to be present in it an element of intentional and purposeful discrimination………………..Further, the discretion of judicial officers it not arbitrary and the law provides for revision by superior Courts of order passed by the Subordinate Courts. In such circumstances there is hardly any ground for apprehending any capricious discrimination by judicial tribunals.” Crime as crime may appear to be superficially the same but the facts and circumstances of a crime are widely different and since a decision of the Court as regards punishment is dependent upon a consideration of all the facts and circumstances, there is hardly any ground for challenge under Article 14.

27. Lastly it was contended by Mr. Garg that under Article 21 of the Constitution no person shall be deprived of his life except according to procedure established by law and, in his submission, before the sentence of death is passed there is, in fact, no procedure established by law. It is admitted that the Criminal Procedure Code lays down a detailed procedure but that procedure, according to Mr. Garg, is limited to the finding of guilt. After the accused is found guilty of the offence, there is no other procedure laid down by the law for determining whether the sentence of death or something less is appropriate in the case. Therefore, he contended, death sentence is unconstitutional. We are not impressed by this argument also. The accused who is charged for murder knows that he is liable to be sentenced to death in the Committing Court itself. He knows what the evidence is. He further knows that if after trial in the Sessions Court he is found guilty of murder, he is liable to be sentenced to the extreme penalty. Experience of trials shows that where the accused knows that the facts of the case are against him, the whole attempt on the part of his counsel is to fill the record with as many circumstances in his favour as possible which would tend to show that he is either guilty of a lesser crime or, in any event, there are mitigating and extenuating circumstances. The Court is primarily concerned with all the facts and circumstances in so far as they are relevant to the crime and how it was committed and since at the end of the trial he is liable to be sentenced, all the facts and circumstances bearing upon the crime are legitimately brought to the notice of the Court. Apart from the cross-examination of the witnesses, the Criminal Procedure Code requires that the accused must be questioned with regard to the circumstances appearing against him in the evidence. He is also questioned generally on the case and there is an opportunity for him to say whatever he wants to say. He has a right to examine himself as a witness, thereafter and give evidence on the material facts. Again he and his counsel are at liberty to address the Court not merely on the question of guilt but also on the question of sentence. In important cases like murder the Court always gives a chance to the accused to address the Court on the question of sentence. Under the Criminal Procedure Code after convicting the accused the Court has to pronounce the sentence according to law. In a Jury trial if the accused is convicted the Judge shall (unless he proceeds in accordance with the provisions of Section 562) pass sentence on him according to law. See Section 366 (2). Similarly, where the case is tried by the Judge himself sub-section (2) of Section 309 says that if the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of Section 562 pass sentence on him according to law. The sentence follows the conviction and it is true that no formal procedure for producing evidence with reference to the sentence is specifically provided. The reason is that relevant facts and circumstances impinging on the nature and circumstances of the crime are already before the Court. Where counsel addresses the Court with regard to the character and standing of the accused, they are duly considered by the Court unless there is something in the evidence itself which belies him or the Public Prosecutor for the State challenges the facts. If the matter is relevant and essential to be considered, there is nothing in the Criminal Procedure Code which prevents additional evidence being taken. It must, however, be stated that it is not the experience of criminal Courts in India that the accused with a view to obtaining a reduced sentence ever offers to call additional evidence.

28. However, it is necessary to emphasize that the Court is principally concerned with the facts and circumstances whether aggravating or mitigating, which are connected with the particular crime under inquiry. All such facts and circumstances are capable of being proved in accordance with the provisions of the Indian Evidence Act in a trial regulated by the Cr. P. C. The trial does not come to an end until all the relevant facts are proved and the counsel on both sides have an opportunity to address the Court. The only thing that remains is for the Judge to decide on the guilt and punishment and that is what Sections 306 (2) and 309 (2) Cr. P. C. purport to provide for. There provisions are part of the procedure established by law and unless it is shown that they are invalid for any other reasons they must be regarded as valid. No reasons are offered to show that they are constitutionally invalid and hence the death sentence imposed after trial in accordance with the procedure established by law is not unconstitutional under Article 21.

29. In the result, the appeal fails and is dismissed.

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

(Full Text)

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
ARTICLE I
NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Section 21. The State shall promote comprehensive rural development and agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

 

ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetuawhen evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.
ARTICLE IV
CITIZENSHIP
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;[2] Those whose fathers or mothers are citizens of the Philippines;

[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

[4] Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.   No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Section 16. (1). The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal.  Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

Section 22. The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Section 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.

Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested in the President of the Philippines.
Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

Section 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation:

“I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or Vice-President or Acting President] of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.” [In case of affirmation, last sentence will be omitted].

Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source.
Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within ninety days from his assumption or reassumption of office.

Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ ofhabeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

Section 22. The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.(c) All cases in which the jurisdiction of any lower court is in issue.(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.(e) All cases in which only an error or question of law is involved.(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.(4) Order a change of venue or place of trial to avoid a miscarriage of justice.(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en bancor in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.
ARTICLE IX

  1. COMMON PROVISIONS
  2. Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
    Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

Section. 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.

Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

Section 8. Each Commission shall perform such other functions as may be provided by law.

  1. THE CIVIL SERVICE COMMISSION

Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution.

Section 5. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, their positions.

Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Government-owned or controlled corporations or in any of their subsidiaries.

Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries.

Section 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

  1. THE COMMISSION ON ELECTIONS

Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.

(9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre- proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.
Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, and equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.

Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters’ registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Section 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission.

  1. THE COMMISSION ON AUDIT

Section 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with original charters, and on a post- audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.

Section 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.
Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them.

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination.

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials.

Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law.

Section 14. The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region.
AUTONOMOUS REGIONS
Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.
Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government.

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multi-sectoral bodies. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over:

(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government.

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary which shall not be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released.
Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the under-privileged.

The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.
LABOR
Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and   promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.
AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing.
Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers’ organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.
Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.
HEALTH
Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers.
Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the country’s health needs and problems.

Section 13. The State shall establish a special agency for disabled person for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society.
WOMEN
Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
ROLE AND RIGHTS OF PEOPLE’S ORGANIZATIONS
Section 15. The State shall respect the role of independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.
People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.
HUMAN RIGHTS
Section 17. (1) There is hereby created an independent office called the Commission on Human Rights.
(2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly released.

Section 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;

(6) Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.
ARTICLE XIV

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,CULTURE AND SPORTS EDUCATION
Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.
Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4.(1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixtyper centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5. (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

ARTS AND CULTURE
Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.

Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.
LANGUAGE
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.
Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.
SPORTS
Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;(3) The right of the family to a family living wage and income; and(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.
ARTICLE XVI
GENERAL PROVISIONS
Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.
Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

Section 3. The State may not be sued without its consent.

Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the State.

Section 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people’s rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.

Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.

Section 7. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.

Section 8. The State shall, from time to time, review to increase the pensions and other benefits due to retirees of both the government and the private sectors.

Section 9. The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

Section 11. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines.

Section 12. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.
ARTICLE XVII
AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or(2) A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.
ARTICLE XVIII
TRANSITORY PROVISIONS
Section 1. The first elections of Members of the Congress under this Constitution shall be held on the second Monday of May, 1987.
The first local elections shall be held on a date to be determined by the President, which may be simultaneous with the election of the Members of the Congress. It shall include the election of all Members of the city or municipal councils in the Metropolitan Manila area.

Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years.

Section 3. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.

Section 4. All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

Section 5. The six-year term of the incumbent President and Vice-President elected in the February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992.

Section 6. The incumbent President shall continue to exercise legislative powers until the first Congress is convened.

Section 7. Until a law is passed, the President may fill by appointment from a list of nominees by the respective sectors, the seats reserved for sectoral representation in paragraph (2), Section 5 of Article V1 of this Constitution.

Section 8. Until otherwise provided by the Congress, the President may constitute the Metropolitan Manila Authority to be composed of the heads of all local government units comprising the Metropolitan Manila area.

Section 9. A sub-province shall continue to exist and operate until it is converted into a regular province or until its component municipalities are reverted to the mother province.

Section 10. All courts existing at the time of the ratification of this Constitution shall continue to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress.

Section 11. The incumbent Members of the Judiciary shall continue in office until they reach the age of seventy years or become incapacitated to discharge the duties of their office or are removed for cause.

Section 12. The Supreme Court shall, within one year after the ratification of this Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court or the lower courts prior to the effectivity of this Constitution. A similar plan shall be adopted for all special courts and quasi-judicial bodies.

Section 13. The legal effect of the lapse, before the ratification of this Constitution, of the applicable period for the decision or resolution of the cases or matters submitted for adjudication by the courts, shall be determined by the Supreme Court as soon as practicable.

Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this Constitution shall apply to cases or matters filed before the ratification of this Constitution, when the applicable period lapses after such ratification.

Section 15. The incumbent Members of the Civil Service Commission, the Commission on Elections, and the Commission on Audit shall continue in office for one year after the ratification of this Constitution, unless they are sooner removed for cause or become incapacitated to discharge the duties of their office or appointed to a new term thereunder. In no case shall any Member serve longer than seven years including service before the ratification of this Constitution.

Section 16. Career civil service employees separated from the service not for cause but as a result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following the ratification of this Constitution shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them under the laws of general application in force at the time of their separation. In lieu thereof, at the option of the employees, they may be considered for employment in the Government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. This provision also applies to career officers whose resignation, tendered in line with the existing policy, had been accepted.

Section 17. Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each; the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each.

Section 18. At the earliest possible time, the Government shall increase the salary scales of the other officials and employees of the National Government.

Section 19. All properties, records, equipment, buildings, facilities, and other assets of any office or body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.

Section 20. The first Congress shall give priority to the determination of the period for the full implementation of free public secondary education.

Section 21. The Congress shall provide efficacious procedures and adequate remedies for the reversion to the State of all lands of the public domain and real rights connected therewith which were acquired in violation of the Constitution or the public land laws, or through corrupt practices. No transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of this Constitution.

Section 22. At the earliest possible time, the Government shall expropriate idle or abandoned agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform program.

Section 23. Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution shall have five years from its ratification to comply on a graduated and proportionate basis with the minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not recognized by duly constituted authority shall be dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent with the citizen armed force established in this Constitution, shall be dissolved or, where appropriate, converted into the regular force.

Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

Section 26. The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than eighteen months after the ratification of this Constitution. However, in the national interest, as certified by the President, the Congress may extend such period.

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The order and the list of the sequestered or frozen properties shall forthwith be registered with the proper court. For orders issued before the ratification of this Constitution, the corresponding judicial action or proceeding shall be filed within six months from its ratification. For those issued after such ratification, the judicial action or proceeding shall be commenced within six months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein provided.

Section 27. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.

The foregoing proposed Constitution of the Republic of the Philippines was approved by the Constitutional Commission of 1986 on the twelfth day of October, Nineteen hundred and eighty-six, and accordingly signed on the fifteenth day of October, Nineteen hundred and eighty-six at the Plenary Hall, National Government Center, Quezon City, by the Commissioners whose signatures are hereunder affixed.

 

Constitution of the United Kingdom

Apart from some parliamentary legislations, The United Kingdom never enacted any single document called as ‘ Constitution of United Kingdom ‘ or such. Having said so nonetheless following legislations have constitutional effects. Therefore, it can be safely said that the British constitution is a collection of important legislations which formulate the basic policy of the State and its People.

Following Laws featuring as constitutionally important as the subject connected therewith  :

  1. Treaty of Union 1706
  2. Acts of Union 1707
  3. Wales and Berwick Act 1746
  4. Irish Constitution 1782
  5. Acts of Union 1800
  6. Parliament Act 1911
  7. Government of Ireland Act 1920
  8. Anglo-Irish Treaty 1921
  9. Royal and Parliamentary Titles Act 1927
  10. Statute of Westminster 1931
  11. Parliament Act 1949
  12. EC Treaty of Accession 1972
  13. NI (Temporary Provisions) Act 1972
  14. European Communities Act 1972
  15. Local Government Act 1972
  16. Local Government (Scotland) Act 1973
  17. NI Border Poll 1973
  18. NI Constitution Act 1973
  19. Referendum Act 1975
  20. EC Membership Referendum 1975
  21. Scotland Act 1978
  22. Wales Act 1978
  23. Scottish Devolution Referendum 1979
  24. Welsh Devolution Referendum 1979
  25. Local Government (Wales) Act 1994
  26. Local Government etc. (Scotland) Act 1994
  27. Referendums (Scotland & Wales) Act 1997
  28. Scottish Devolution Referendum 1997
  29. Welsh Devolution Referendum 1997
  30. Good Friday Agreement 1998
  31. Northern Ireland Act 1998
  32. Government of Wales Act 1998
  33. Human Rights Act 1998
  34. Scotland Act 1998
  35. Government of Wales Act 2006
  36. Northern Ireland Act 2009
  37. Welsh Devolution Referendum 2011
  38. European Union Act 2011
  39. Fixed-term Parliaments Act 2011
  40. Scotland Act 2012
  41. Edinburgh Agreement 2012
  42. Scottish Independence Referendum 2014
  43. Wales Act 2014
  44. European Union Referendum Act 2015
  45. EU Membership Referendum 2016
  46. Scotland Act 2016
  47. Wales Act 2017
  48. EU (Notification of Withdrawal) Act 2017
  49. Invocation of Article 50 2017
  50. European Union (Withdrawal) Act 2018

Constitution of Malaysia

 As at 1 November 2010

Contents

 FEDERAL CONSTITUTION

    • 1.1PART I THE STATES, RELIGION AND LAW OF THE FEDERATION
      • 1.1.1Article 1: Name, States and territories of the Federation
      • 1.1.2Article 2: Admission of new territories into the Federation
      • 1.1.3Article 3: Religion of the Federation
      • 1.1.4Article 4: Supreme law of the Federation
    • 1.2PART II FUNDAMENTAL LIBERTIES
      • 1.2.1Article 5: Liberty of the person
      • 1.2.2Article 6: Slavery and forced labour prohibited
      • 1.2.3Article 7: Protection against retrospective criminal laws and repeated trials
      • 1.2.4Article 8: Equality
      • 1.2.5Article 9: Prohibition of banishment and freedom of movement
      • 1.2.6Article 10: Freedom of speech, assembly and association
      • 1.2.7Article 11: Freedom of religion
      • 1.2.8Article 12: Rights in respect of education
      • 1.2.9Article 13: Rights to property
    • 1.3PART III CITIZENSHIP
      • 1.3.1Chapter 1—Acquisition of Citizenship
        • 1.3.1.1Article 14: Citizenship by operation of law
        • 1.3.1.2Article 15: Citizenship by registration (wives and children of citizens)
        • 1.3.1.3Article 15A: Special power to register children
        • 1.3.1.4Article 16: Citizenship by registration (persons born in the Federation before Merdeka Day)
        • 1.3.1.5Article 16A: Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)
        • 1.3.1.6Article 17: (Citizenship by registration (persons resident in the Federation on Merdeka Day)—Repealed)
        • 1.3.1.7Article 18: General provisions as to registration
        • 1.3.1.8Article 19: Citizenship by naturalization
        • 1.3.1.9Article 19A: (Transfer of citizenship to or from Singapore—Repealed)
        • 1.3.1.10Article 20: (Naturalization of members of Federation forces—Repealed)
        • 1.3.1.11Article 21: (General provisions as to naturalization—Repealed)
        • 1.3.1.12Article 22: Citizenship by incorporation of territory
      • 1.3.2Chapter 2—Termination of Citizenship
        • 1.3.2.1Article 23: Renunciation of citizenship
        • 1.3.2.2Article 24: Deprivation of citizenship on acquisition or exercise of foreign citizenship, etc.
        • 1.3.2.3Article 25: Deprivation of citizenship by registration under Article 16A or 17 or by naturalization
        • 1.3.2.4Article 26: Other provisions for deprivation of citizenship by registration or naturalization
        • 1.3.2.5Article 26A: Deprivation of citizenship of child of person losing citizenship
        • 1.3.2.6Article 26B: General provisions as to loss of citizenship
        • 1.3.2.7Article 27: Procedure for deprivation
        • 1.3.2.8Article 28: Application of Chapter 2 to certain citizens by operation of law
        • 1.3.2.9Article 28A: Deprivation of citizenship of persons becoming citizens on Malaysia Day
      • 1.3.3Chapter 3—Supplemental
        • 1.3.3.1Article 29: Commonwealth citizenship
        • 1.3.3.2Article 30: Certificates of citizenship
        • 1.3.3.3Article 30A: (Franchise, etc., of Singapore citizens and other citizens—Repealed)
        • 1.3.3.4Article 30B: (Liaison as to citizenship between governments of Federation and of Singapore—Repealed)
        • 1.3.3.5Article 31: Application of Second Schedule
    • 1.4PART IV THE FEDERATION
      • 1.4.1Chapter 1—The Supreme Head
        • 1.4.1.1Article 32: Supreme Head of the Federation, and his Consort
        • 1.4.1.2Article 33: Deputy Supreme Head of the Federation
        • 1.4.1.3Article 33A: Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence
        • 1.4.1.4Article 34: Disabilities of Yang di-Pertuan Agong, etc.
        • 1.4.1.5Article 35: Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong
        • 1.4.1.6Article 36: Public Seal
        • 1.4.1.7Article 37: Oath of office of Yang di-Pertuan Agong
      • 1.4.2Chapter 2—The Conference of Rulers
        • 1.4.2.1Article 38: Conference of Rulers
      • 1.4.3Chapter 3–The Executive
        • 1.4.3.1Article 39: Executive authority of Federation
        • 1.4.3.2Article 40: Yang di-Pertuan Agong to act on advice
        • 1.4.3.3Article 41: Supreme command of armed forces
        • 1.4.3.4Article 42: Power of pardon, etc
        • 1.4.3.5Article 43: Cabinet
        • 1.4.3.6Article 43A: Deputy Ministers
        • 1.4.3.7Article 43B: Parliamentary Secretaries
        • 1.4.3.8Article 43C: Political Secretaries
      • 1.4.4Chapter 4—Federal Legislature
        • 1.4.4.1Article 44: Constitution of Parliament
        • 1.4.4.2Article 45: Composition of Senate
        • 1.4.4.3Article 46: Composition of House of Representatives
        • 1.4.4.4Article 47: Qualifications for membership of Parliament
        • 1.4.4.5Article 48: Disqualification for membership of Parliament
        • 1.4.4.6Article 49: Provisions against double memberships
        • 1.4.4.7Article 50: Effect of disqualification, and prohibition of nomination or appointment without consent
        • 1.4.4.8Article 51: Resignation of members
        • 1.4.4.9Article 52: Absence of a member
        • 1.4.4.10Article 53: Decisions as to disqualification
        • 1.4.4.11Article 54: Vacancies in Senate and casual vacancies
        • 1.4.4.12Article 55: Summoning, prorogation and dissolution of Parliament
        • 1.4.4.13Article 56: President and Deputy President of Senate
        • 1.4.4.14Article 57: Speaker and Deputy Speakers of the House of Representatives
        • 1.4.4.15Article 58: Remuneration of President, Deputy President, Speaker and Deputy Speakers
        • 1.4.4.16Article 59: Oaths by members
        • 1.4.4.17Article 60: Address by the Yang di-Pertuan Agong
        • 1.4.4.18Article 61: Special provisions as to Cabinet and Attorney General
        • 1.4.4.19Article 62: Parliamentary procedure
        • 1.4.4.20Article 63: Privileges of Parliament
        • 1.4.4.21Article 64: Remuneration of members
        • 1.4.4.22Article 65: Clerks of Senate and House of Representatives
      • 1.4.5Chapter 5—Legislative procedure
        • 1.4.5.1Article 66: Exercise of legislative power
        • 1.4.5.2Article 67: Restriction on introduction of Bills and moving of amendments involving taxation, expenditure, etc.
        • 1.4.5.3Article 68: Assent to Bills passed by House of Representatives only
      • 1.4.6Chapter 6—Capacity as respects property, contracts and suits
        • 1.4.6.1Article 69: Capacity of Federation as respects property, contracts and suits
    • 1.5PART V THE STATES
      • 1.5.1Article 70: Precedence of Rulers and Yang di-Pertua-Yang di-Pertua Negeri
      • 1.5.2Article 71: Federal guarantee of State Constitutions
      • 1.5.3Article 72: Privileges of Legislative Assembly
    • 1.6PART VI RELATIONS BETWEEN THE FEDERATION AND THE STATES
      • 1.6.1Chapter 1—Distribution of legislative powers
        • 1.6.1.1Article 73: Extent of federal and State laws
        • 1.6.1.2Article 74: Subject matter of federal and State laws
        • 1.6.1.3Article 75: Inconsistencies between federal and State laws
        • 1.6.1.4Article 76: Power of Parliament to legislate for States in certain cases
        • 1.6.1.5Article 76A: Power of Parliament to extend legislative powers of States
        • 1.6.1.6Article 77: Residual power of legislation
        • 1.6.1.7Article 78: Legislation restricting use of rivers
        • 1.6.1.8Article 79: Exercise of concurrent legislative powers
      • 1.6.2Chapter 2—Distribution of executive powers
        • 1.6.2.1Article 80: Distribution of executive powers
        • 1.6.2.2Article 81: Obligations of States towards Federation
      • 1.6.3Chapter 3—Distribution of financial burdens
        • 1.6.3.1Article 82: Financing of expenditure relating to matters on Concurrent List
      • 1.6.4Chapter 4—Land
        • 1.6.4.1Article 83: Acquisition of land for federal purposes
        • 1.6.4.2Article 84: (Reversion to States of land held for federal purposes—Repealed)
        • 1.6.4.3Article 85: Grant to Federation of land reserved for federal purposes
        • 1.6.4.4Article 86: Disposition of land vested in the Federation
        • 1.6.4.5Article 87: Determination of disputes as to land values
        • 1.6.4.6Article 88: Application of Articles 83 to 87 to States not having a Ruler
        • 1.6.4.7Article 89: Malay reservations
        • 1.6.4.8Article 90: Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu
        • 1.6.4.9Article 91: National Land Council
      • 1.6.5Chapter 5—National development
        • 1.6.5.1Article 92: National development plan
      • 1.6.6Chapter 6—Federal surveys, advice to States and inspection of State activities
        • 1.6.6.1Article 93: Inquiries, surveys and statistics
        • 1.6.6.2Article 94: Federal powers in respect of State subjects
        • 1.6.6.3Article 95: Inspection of State activities
      • 1.6.7Chapter 7—National Council for Local Government
        • 1.6.7.1Article 95A: National Council for Local Government
      • 1.6.8Chapter 8—Application to States of Sabah and Sarawak
        • 1.6.8.1Article 95B: Modifications for States of Sabah and Sarawak of distribution of legislative powers
        • 1.6.8.2Article 95C: Power by order to extend legislative or executive powers of States
        • 1.6.8.3Article 95D: Exclusion for States of Sabah and Sarawak of Parliament’s power to pass uniform laws about land or local government
        • 1.6.8.4Article 95E: Exclusion of States of Sabah and Sarawak from national plans for land utilization, local government, development, etc.
    • 1.7PART VII FINANCIAL PROVISIONS
      • 1.7.1Chapter 1—General
        • 1.7.1.1Article 96: No taxation unless authorized by law
        • 1.7.1.2Article 97: Consolidated Funds
        • 1.7.1.3Article 98: Expenditure charged on Federal Consolidated Fund
        • 1.7.1.4Article 99: Annual financial statement
        • 1.7.1.5Article 100: Supply Bills
        • 1.7.1.6Article 101: Supplementary and excess expenditure
        • 1.7.1.7Article 102: Power to authorize expenditure on account or for unspecified purposes
        • 1.7.1.8Article 103: Contingencies Fund
        • 1.7.1.9Article 104: Withdrawals from Consolidated Fund
        • 1.7.1.10Article 105: Auditor General
        • 1.7.1.11Article 106: Powers and duties of Auditor General
        • 1.7.1.12Article 107: Reports of Auditor General
        • 1.7.1.13Article 108: National Finance Council
        • 1.7.1.14Article 109: Grants to States
        • 1.7.1.15Article 110: Assignment of taxes and fees to the States
        • 1.7.1.16Article 111: Restriction on borrowing
        • 1.7.1.17Article 112: Restriction on alterations in establishments of States
      • 1.7.2Chapter 2—Application to States of Sabah and Sarawak
        • 1.7.2.1Article 112A: State audits in States of Sabah and Sarawak
        • 1.7.2.2Article 112B: Borrowing powers of States of Sabah and Sarawak
        • 1.7.2.3Article 112C: Special grants and assignments of revenue to States of Sabah and Sarawak
        • 1.7.2.4Article 112D: Reviews of special grants to States of Sabah and Sarawak
        • 1.7.2.5Article 112E: (Financial arrangements with Singapore—Repealed)
    • 1.8PART VIII ELECTIONS
      • 1.8.1Article 113: Conduct of elections
      • 1.8.2Article 114: Constitution of Election Commission
      • 1.8.3Article 115: Assistance to Election Commission
      • 1.8.4Article 116: Federal constituencies
      • 1.8.5Article 117: State constituencies
      • 1.8.6Article 118: Method of challenging election
      • 1.8.7Article 118A: Method of questioning election petition of no return
      • 1.8.8Article 119: Qualifications of electors
      • 1.8.9Article 120: Direct elections to the Senate
    • 1.9PART IX THE JUDICIARY
      • 1.9.1Article 121: Judicial power of the Federation
      • 1.9.2Article 122: Constitution of Federal Court
      • 1.9.3Article 122A: Constitution of Court of Appeal
      • 1.9.4Article 122AA: Constitution of the High Courts
      • 1.9.5Article 122AB: Appointment of judicial commissioner
      • 1.9.6Article 122B: Appointment of judges of Federal Court, Court of Appeal and High Courts
      • 1.9.7Article 122C: Transfer of judge of one High Court to another
      • 1.9.8Article 123: Qualifications of judges of Federal Court, Court of Appeal and High Courts
      • 1.9.9Article 124: Oath of office of judges
      • 1.9.10Article 125: Tenure of office and remuneration of judges of Federal Court
      • 1.9.11Article 125A: Exercise of powers by judges
      • 1.9.12Article 126: Power to punish for contempt
      • 1.9.13Article 127: Restriction on Parliamentary discussion of conduct of judge
      • 1.9.14Article 128: Jurisdiction of Federal Court
      • 1.9.15Article 129: (Special jurisdiction of Supreme Court as to the interpretation of constitution—Repealed)
      • 1.9.16Article 130: Advisory jurisdiction of Federal Court
      • 1.9.17Article 131: (Appeals from Federal Court—Repealed)
      • 1.9.18Article 131A: Provision for incapacity, etc., of Chief Justice, President or Chief Judge
    • 1.10PART X PUBLIC SERVICES
      • 1.10.1Article 132: Public services
      • 1.10.2Article 133: Joint services, etc.
      • 1.10.3Article 134: Secondment of officers
      • 1.10.4Article 135: Restriction on dismissal and reduction in rank
      • 1.10.5Article 136: Impartial treatment of federal employees
      • 1.10.6Article 137: Armed Forces Council
      • 1.10.7Article 138: Judicial and Legal Service Commission
      • 1.10.8Article 139: Public Services Commission
      • 1.10.9Article 140: Police Force Commission
      • 1.10.10Article 141: (Railway Service Commission—Repealed)
      • 1.10.11Article 141A: Education Service Commission
      • 1.10.12Article 142: General provisions relating to Commissions
      • 1.10.13Article 143: Conditions of service of members of Commissions
      • 1.10.14Article 144: Functions of Service Commissions
      • 1.10.15Article 145: Attorney General
      • 1.10.16Article 146: Reports of Commissions
      • 1.10.17Article 146A: (Branch in Borneo States of Judicial and Legal Service Commission—Repealed)
      • 1.10.18Article 146B: (Branches in each State of Sabah or Sarawak of Public Services Commission—Repealed)
      • 1.10.19Article 146C: (Supplementary provisions as to branches of Public Services Commission—Repealed)
      • 1.10.20Article 146D: Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak
      • 1.10.21Article 147: Protection of pension rights
      • 1.10.22Article 148: Interpretation of Part X
    • 1.11PART XI SPECIAL POWERS AGAINST SUBVERSION, ORGANIZED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS
      • 1.11.1Article 149: Legislation against subversion, action prejudicial to public order, etc.
      • 1.11.2Article 150: Proclamation of emergency
      • 1.11.3Article 151: Restrictions on preventive detention
    • 1.12PART XII GENERAL AND MISCELLANEOUS
      • 1.12.1Article 152: National language
      • 1.12.2Article 153: Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak
      • 1.12.3Article 154: Federal capital
      • 1.12.4Article 155: Commonwealth reciprocity
      • 1.12.5Article 156: Contributions in aid of rates in respect of federal and State property
      • 1.12.6Article 157: Delegation of State functions to another State
      • 1.12.7Article 158: (Arrangements with Brunei—Repealed)
      • 1.12.8Article 159: Amendment of the Constitution
      • 1.12.9Article 159A: Operation of transitional provisions of Malaysia Act
      • 1.12.10Article 160: Interpretation
      • 1.12.11Article 160A: Reprint of the Constitution
      • 1.12.12Article 160B: Authoritative text
    • 1.13PART XIIA ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK
      • 1.13.1Article 161: Use of English and of native languages in States of Sabah and Sarawak
      • 1.13.2Article 161A: Special position of natives of States of Sabah and Sarawak
      • 1.13.3Article 161B: Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak
      • 1.13.4Article 161C: (Muslim education in Borneo States—Repealed)
      • 1.13.5Article 161D: (Freedom of religion—Repealed)
      • 1.13.6Article 161E: Safeguards for constitutional position of States of Sabah and Sarawak
      • 1.13.7Article 161F: (Use of unofficial languages in Singapore Assembly—Repealed)
      • 1.13.8Article 161G: (Special position of Malays in Singapore—Repealed)
      • 1.13.9Article 161H: (Safeguards for constitutional position of Singapore—Repealed)
    • 1.14PART XIII TEMPORARY AND TRANSITIONAL PROVISIONS
      • 1.14.1Article 162: Existing laws
      • 1.14.2Article 163: (Temporary continuation of Emergency Regulations Ordinance 1948—Repealed)
      • 1.14.3Article 164: (Temporary functions of Legislative Council—Repealed)
      • 1.14.4Article 165: (Temporary financial provisions—Repealed)
      • 1.14.5Article 166: Succession to property
      • 1.14.6Article 167: Rights, liabilities and obligations
      • 1.14.7Article 168: (Legal proceedings—Repealed)
      • 1.14.8Article 169: International agreements, etc., made before Merdeka Day
      • 1.14.9Article 170: (Temporary provisions for persons qualified for registration as citizens under Federation of Malaya Agreement 1948, Clause 126—Repealed)
      • 1.14.10Article 171: (Constituencies for first elections—Repealed)
      • 1.14.11Article 172: (Existing courts—Repealed)
      • 1.14.12Article 173: (Pending appeals to Privy Council—Repealed)
      • 1.14.13Article 174: (Judicial appointments and Attorney General—Repealed)
      • 1.14.14Article 175: Director of Audit to be first Auditor General
      • 1.14.15Article 176: Transfer of officers
      • 1.14.16Article 177: Waiver or postponement of oath of office where appointment continues under this Part
      • 1.14.17Article 178: Remuneration after Merdeka Day
      • 1.14.18Article 179: Contributions in respect of joint services
      • 1.14.19Article 180: Preservation of pensions, etc.
    • 1.15PART XIV SAVING FOR RULERS’ SOVEREIGNTY, ETC.
      • 1.15.1Article 181: Saving for Rulers’ sovereignty, etc.
    • 1.16PART XV PROCEEDINGS AGAINST THE YANG Dl-PERTUAN AGONG AND THE RULERS
      • 1.16.1Article 182: The Special Court
      • 1.16.2Article 183: No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally
    • 1.17SCHEDULES
      • 1.17.1FIRST SCHEDULE [Articles 18(1), 19(9)] Oath of Applications For Registration Or Naturalization
      • 1.17.2SECOND SCHEDULE [Article 39] Citizenship by operation of law of persons born before, on or after Malaysia Day and supplementary provisions relating to citizenship
      • 1.17.3THIRD SCHEDULE [Articles 32 and 33] Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong
      • 1.17.4FOURTH SCHEDULE [Article 37] Oaths of Office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong
      • 1.17.5FIFTH SCHEDULE [Article 38(1)] The Conference of Rulers
      • 1.17.6SIXTH SCHEDULE [Articles 43(6), 43B(4), 57(1A)(a), 59(1), 124, 142(6)] Forms of Oaths and Affirmations
      • 1.17.7SEVENTH SCHEDULE [Article 45] Election of Senators
      • 1.17.8EIGHTH SCHEDULE [Article 71] Provisions to be Inserted in State Constitutions
      • 1.17.9NINTH SCHEDULE [Articles 74, 77] Legislative Lists
      • 1.17.10TENTH SCHEDULE [Articles 109, 112C, 161C(3)*] Grants and Sources of Revenue Assigned to States
      • 1.17.11ELEVENTH SCHEDULE [Article 160(1)] Provisions of the Interpretation and General Clauses Ordinance 1948 (Malayan Union Ordinance No. 7 of 1948), Applied for Interpretation of the Constitution
      • 1.17.12TWELFTH SCHEDULE Provisions of the Federation of Malaya Agreement, 1948 as Applied to the Legislative Council after Merdeka Day (Repealed)
      • 1.17.13THIRTEENTH SCHEDULE [Articles 113, 116, 117] Provisions relating to delimitation of Constituencies
    • 1.18External links

FEDERAL CONSTITUTION
As at 1 November 2010

PART I
THE STATES, RELIGION AND LAW OF THE FEDERATION

Article 1: Name, States and territories of the Federation

1. (1) The Federation shall be known, in Malay and in English, by the name Malaysia.

(2) The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu.
(3) Subject to Clause (4), the territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day.
(4) The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. 2) Act 1973 [Act A206] and the Federal Territory of Putrajaya established under the Constitution (Amendment) Act 2001 [Act A1095] and the territory of the State of Sabah shall exclude the Federal Territory of Labuan established under the Constitution (Amendment) (No. 2) Act 1984 [Act A585], and all such Federal Territories shall be territories of the Federation.

Article 2: Admission of new territories into the Federation

2. Parliament may by law—

(a) admit other States to the Federation;
(b) alter the boundaries of any State,
but a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.

Article 3: Religion of the Federation

3. (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 the religion of Islam authorize the Yang di-Pertuan Agong to represent him.
(3) The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong the position of Head of the religion of Islam in that State.
(4) Nothing in this Article derogates from any other provision of this Constitution.
(5) Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.

Article 4: Supreme law of the Federation

4. (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

(2) The validity of any law shall not be questioned on the ground that—

(a) it imposes restrictions on the right mentioned in Clause (2) of Article 9 but does not relate to the matters mentioned therein; or
(b) it imposes such restrictions as are mentioned in Clause (2) of Article 10 but those restrictions were not deemed necessary or expedient by Parliament for the purposes mentioned in that Article.
(3) The validity of any law made by Parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or—

(a) if the law was made by Parliament, in proceedings between the Federation and one or more States;
(b) if the law was made by Legislature of a State, in proceedings between the Federation and that State.
(4) Proceedings for a declaration that a law is invalid on the ground mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Federal Court; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause.

PART II
FUNDAMENTAL LIBERTIES

Article 5: Liberty of the person

5. (1) No person shall be deprived of his life or personal liberty save in accordance with law.

(2) Where complaint is made to a High court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.
(3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority:

Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day:
Provided further that in its application to a person, other than a citizen, who is arrested or detained under the law relating to immigration, this Clause shall be read as if there were substituted for the words “without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey)” the words “within fourteen days”:
And provided further that in the case of an arrest for an offence which is triable by a Syariah court, references in this Clause to a magistrate shall be construed as including references to a judge of a Syariah court.
(5) Clauses (3) and (4) do not apply to an enemy alien.

Article 6: Slavery and forced labour prohibited

6. (1) No person shall be held in slavery.

(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work or service required from any person as a consequence of a conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this Article, provided that such work or service is carried out under the supervision and control of a public authority.
(4) Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first-mentioned public authority shall be bound to serve the second-mentioned public authority, and their service with the second-mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first-mentioned or the second-mentioned public authority by reason of the transfer of his employment.

Article 7: Protection against retrospective criminal laws and repeated trials

7. (1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

(2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

Article 8: Equality

8. (1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State.
(4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the Federation outside the jurisdiction of the authority.
(5) This Article does not invalidate or prohibit—

(a) any provision regulating personal law;
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion;
(c) any provision for the protection, wellbeing or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;
(d) any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having jurisdiction only in that State or part, or for voting in such an election;
(e) any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Day;
(f) any provision restricting enlistment in the Malay Regiment to Malays.

Article 9: Prohibition of banishment and freedom of movement

9. (1) No citizen shall be banished or excluded from the Federation.

(2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof.
(3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, Parliament may by law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and residence.

Article 10: Freedom of speech, assembly and association

10. (1) Subject to Clauses (2), (3) and (4)—

(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.
(2) Parliament may by law impose—

(a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.
(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under paragraph (a) of Clause (2), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

Article 11: Freedom of religion

11. (1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
(3) Every religious group has the right—

(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.
(4) State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.
(5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality.

Article 12: Rights in respect of education

12. (1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth—

(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).
(2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.
(3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
(4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.

Article 13: Rights to property

13. (1) No person shall be deprived of property save in accordance with law.

(2) No law shall provide for the compulsory acquisition or use of property without adequate compensation.

PART III
CITIZENSHIP

Chapter 1—Acquisition of Citizenship

Article 14: Citizenship by operation of law

14. (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say:

(a) every person born before Malaysia Day who is a citizen of the Federation by virtue of the provisions contained in Part I of the Second Schedule; and
(b) every person born on or after Malaysia Day, and having any of the qualifications specified in Part II of the Second Schedule.
(c) (Repealed).
(2) (Repealed).
(3) (Repealed).

Article 15: Citizenship by registration (wives and children of citizens)

15. (1) Subject to Article 18, any married woman whose husband is a citizen is entitled, upon making application to the Federal Government, to be registered as a citizen if the marriage was subsisting and the husband a citizen at the beginning of October 1962, or if she satisfies the Federal Government—

(a) that she has resided in the Federation throughout the two years preceding the date of the application and intends to do so permanently; and
(b) that she is of good character.
(2) Subject to Article 18, the Federal Government may cause any person under the age of twenty-one years whose parents one at least is (or was at death) a citizen to be registered as a citizen upon application made to the Federal Government by his parent or guardian.
(3) Subject to Article 18, a person under the age of twenty-one years who was born before the beginning of October 1962, and whose father is (or was at his death) a citizen and was also a citizen at the beginning of that month (if then alive), is entitled upon application made to the Federal Government by his parent or guardian, to be registered as a citizen if the Federal Government is satisfied that he is ordinarily resident in the Federation and is of good character.
(4) For the purposes of Clause (1) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation.
(5) The reference in Clause (1) to a married woman is a reference to a woman whose marriage has been registered in accordance with any written law in force in the Federation, including any such law in force before Merdeka Day, or with any written law in force before Malaysia Day in the territories comprised in the States of Sabah and Sarawak:

Provided that this Clause shall not apply where the woman applies to be registered as a citizen before the beginning of September 1965, or such later date as may be fixed by order of the Yang di-Pertuan Agong, and is at the date of the application ordinarily resident in the States of Sabah and Sarawak.
(6) (Repealed).

Article 15A: Special power to register children

15A. Subject to Article 18, the Federal Government may, in such special circumstances as it thinks fit, cause any person under the age of twenty-one years to be registered as a citizen.

Article 16: Citizenship by registration (persons born in the Federation before Merdeka Day)

16. Subject to Article 18, any person of or over the age of eighteen years who was born in the Federation before Merdeka Day is entitled, upon making application to the Federal Government, to be registered as a citizen if he satisfies the Federal Government—

(a) that he has resided in the Federation during the seven years immediately preceding the date of the application, for periods amounting in the aggregate to not less than five years;
(b) that he intends to do so permanently;
(c) that he is of good character; and
(d) that he has an elementary knowledge of the Malay language.

Article 16A: Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)

16A. Subject to Article 18, any person of or over the age of eighteen years who is on Malaysia Day ordinarily resident in the State of Sabah or Sarawak is entitled, upon making application to the Federal Government before September 1971, to be registered as a citizen if he satisfies the Federal Government—

(a) that he has resided before Malaysia Day in the territories comprised in those States and after Malaysia Day in the Federation for periods which amount in the aggregate to not less than seven years in the ten years immediately preceding the date of the application, and which include the twelve months immediately preceding that date;
(b) that he intends to reside permanently in the Federation;
(c) that he is of good character; and
(d) except where the application is made before September 1965, and the applicant has attained the age of forty-five years at the date of the application, that he has a sufficient knowledge of the Malay language or the English language or, in the case of an applicant ordinarily resident in Sarawak, the Malay language, the English language or any native language in current use in Sarawak.

Article 17: (Citizenship by registration (persons resident in the Federation on Merdeka Day)—Repealed)

17. (Repealed).

NOTE—There is a reference to repealed Art. 17 in Art. 25, 28, 28A and 43, hence reference to Article 17 is retained in the Federal Constitution.

Article 18: General provisions as to registration

18. (1) No person of or over the age of eighteen years shall be registered as a citizen under this Constitution until he has taken the oath set out in the First Schedule.

(2) Except with the approval of the Federal Government, no person who has renounced or has been deprived of citizenship under this Constitution or who has renounced or has been deprived of federal citizenship or citizenship of the Federation before Merdeka Day under the Federation of Malaya Agreement 1948 shall be registered as a citizen under this Constitution.
(3) A person registered as a citizen under this Constitution shall be a citizen by registration from the day on which he is so registered.
(4) (Repealed).

Article 19: Citizenship by naturalization

19. (1) Subject to Clause (9), the Federal Government may, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied—

(a) that—

(i) he is resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;
(ii) (Repealed).
(b) that he is of good character; and
(c) that he has an adequate knowledge of the Malay language.
(2) Subject to Clause (9), the Federal Government may, in such special circumstances as it thinks fit, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied—

(a) that he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;
(b) that he is of good character; and
(c) that he has an adequate knowledge of the Malay language.
(3) The periods of residence in the Federation or the relevant part of it which are required for the grant of a certificate of naturalization are periods which amount in the aggregate to not less than ten years in the twelve years immediately preceding the date of the application for the certificate, and which include the twelve months immediately preceding that date.
(4) For the purposes of Clauses (1) and (2) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation; and for the purposes of Clause (2) residence in Singapore before Malaysia Day or with the approval of the Federal Government residence in Singapore after Malaysia Day shall be treated as residence in the Federation.
(5) A person to whom a certificate of naturalization is granted shall be a citizen by naturalization from the date on which the certificate is granted.
(6) (Repealed).
(7) (Repealed).
(8) (Repealed).
(9) No certificate of naturalization shall be granted to any person until he has taken the oath set out in the First Schedule.

Article 19A: (Transfer of citizenship to or from Singapore—Repealed)

19A. (Repealed).

Article 20: (Naturalization of members of Federation forces—Repealed)

20. (Repealed).

Article 21: (General provisions as to naturalization—Repealed)

21. (Repealed).

Article 22: Citizenship by incorporation of territory

22. If any new territory is admitted to the Federation after Malaysia Day in pursuance of Article 2, Parliament may by law determine what persons are to be citizens by reason of their connection with that territory and the date or dates from which such persons are to be citizens.

Chapter 2—Termination of Citizenship

Article 23: Renunciation of citizenship

23. (1) Any citizen of or over the age of twenty-one years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of the Federation by declaration registered by the Federal Government, and shall thereupon cease to be a citizen.

(2) A declaration made under this Article during any war in which the Federation is engaged shall not be registered except with the approval of the Federal Government.
(3) This Article applies to a woman under the age of twenty-one years who has been married as it applies to a person of or over that age.

Article 24: Deprivation of citizenship on acquisition or exercise of foreign citizenship, etc.

24. (1) If the Federal Government is satisfied that any citizen has acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any country outside the Federation, the Federal Government may by order deprive that person of his citizenship.

(2) If the Federal Government is satisfied that any citizen has voluntarily claimed and exercised in any country, being rights accorded exclusively to its citizens, the Federal Government may by order deprive that person of his citizenship.
(3) (Repealed).
(3A) Without prejudice to the generality of Clause (2), the exercise of a vote in any political election in a place outside the Federation shall be deemed to be the voluntary claim and exercise of a right available under the law of that place; and for the purposes of Clause (2), a person who, after such date as the Yang di-Pertuan Agong may by order* appoint for the purposes of this Clause—

(a) applies to the authorities of a place outside the Federation for the issue or renewal of a passport; or
(b) uses a passport issued by such authorities as a travel document, shall be deemed voluntarily to claim and exercise a right available under the law of that place, being a right accorded exclusively to the citizens of that place.
(4) If the Federal Government is satisfied that any woman who is a citizen by registration under Clause (1) of Article 15 has acquired the citizenship of any country outside the Federation by virtue of her marriage to a person who is not a citizen, the Federal Government may by order deprive her of her citizenship.

*October 10, 1963—see L.N. 268/1963.

Article 25: Deprivation of citizenship by registration under Article 16A or 17 or by naturalization

25. (1) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17* or a citizen by naturalization if satisfied—

(a) that he has shown himself by act or speech to be disloyal or disaffected towards the Federation;
(b) that he has, during any war in which the Federation is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or
(c) that he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced.
(1A) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17** or a citizen by naturalization if satisfied that without the Federal Government’s approval, he has accepted, served in, or performed the duties of any office, post or employment under the Government of any country outside the Federation or any political subdivision thereof, or under any agency of such a Government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:

Provided that a person shall not be deprived of citizenship under this Clause by reason of anything done before the beginning of October 1962, in relation to a foreign country, and before the beginning of January 1977, in relation to a Commonwealth country, notwithstanding that he was at the time a citizen.
(2) The Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16A or 17** or a citizen by naturalization if satisfied that he has been ordinarily resident in countries outside the Federation for a continuous period of five years and during that period has neither—

(a) been at any time in the service of the Federation or of an international organization of which the Federal Government was a member; nor
(b) registered annually at a consulate of the Federation his intention to retain his citizenship:
Provided that this Clause shall not apply to any period of residence in any Commonwealth country before the beginning of January 1977.
(3) (Repealed).

*NOTE—This Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see L.N. 105/1963. See also notes on Article 17.

**NOTE—This Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

Article 26: Other provisions for deprivation of citizenship by registration or naturalization

26. (1) The Federal Government may by order deprive of his citizenship any citizen by registration or by naturalization if satisfied that the registration or certificate of naturalization—

(a) was obtained by means of fraud, false representation or the concealment of any material fact; or
(b) was effected or granted by mistake.
(2) The Federal Government may by order deprive of her citizenship any woman who is a citizen by registration under Clause (1) of Article 15 if satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of two years beginning with the date of the marriage.
(3) (Repealed).
(4) (Repealed).

Article 26A: Deprivation of citizenship of child of person losing citizenship

26A. Where a person has renounced his citizenship or been deprived thereof under Clause (1) of Article 24 or paragraph (a) of Clause (1) of Article 26, the Federal Government may by order deprive of his citizenship any child of that person under the age of twenty-one who has been registered as a citizen pursuant to this Constitution and was so registered as being the child of that person or of that person’s wife or husband.

Article 26B: General provisions as to loss of citizenship

26B. (1) Renunciation or deprivation of citizenship shall not discharge a person from liability in respect of anything done or omitted before he ceased to be a citizen.

(2) No person shall be deprived of citizenship under Article 25, 26 or 26A unless the Federal Government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of citizenship under Article 25, paragraph (b) of Clause (1) of Article 26, or Article 26A if the Federal Government is satisfied that as a result of the deprivation he would not be a citizen of any country.

Article 27: Procedure for deprivation

27. (1) Before making an order under Article 24, 25 or 26, the Federal Government shall give to the person against whom the order is proposed to be made notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.

(2) If any person to whom such notice is given applies to have the case referred as aforesaid the Federal Government shall, and in any other case the Federal Government may, refer the case to a committee of inquiry consisting of a chairman (being a person possessing judicial experience) and two other members appointed by that Government for the purpose.
(3) In the case of any such reference, the committee shall hold an inquiry in such manner as the Federal Government may direct, and submit its report to that Government; and the Federal Government shall have regard to the report in determining whether to make the order.

Article 28: Application of Chapter 2 to certain citizens by operation of law

28. (1) For the purposes of the foregoing provisions of this Chapter—

(a) any person who before Merdeka Day became a federal citizen or a citizen of the Federation by registration as a citizen or in consequence of his registration as the subject of a Ruler, or by the grant of a certificate of citizenship, under any provision of the Federation of Malaya Agreement 1948, or of any State law shall be treated as a citizen by registration and, if he was not born within the Federation, as a citizen by registration under Article 17*;
(b) a woman who before that day became a federal citizen or a citizen of the Federation by registration as a citizen, or in consequence of her registration as the subject of a Ruler, under any provision of the said Agreement or of any State law authorizing the registration of women married to citizens of the Federation or to subjects of the Ruler shall be treated as a citizen by registration under Clause (1) of Article 15;
(c) any person who before that day was naturalized as a federal citizen or a citizen of the Federation under the said Agreement or became a federal citizen or a citizen of the Federation in consequence of his naturalization as the subject of a Ruler under any State law shall (subject to Clause (2)) be treated as a citizen by naturalization, and references in those provisions to the registration or naturalization of a citizen shall be construed accordingly.
(2) No person born within the Federation shall be liable by virtue of this Article to be deprived of citizenship under Article 25.
(3) A person who on Merdeka Day became a citizen by operation of law as having been a citizen of the Federation immediately before that day shall not be deprived of citizenship under Clause (1) or (2) of Article 24 by reason of anything done on or before that day; but in the case of any such person Clause (2) of Article 25 shall apply equally in relation to a period of residence in foreign countries beginning before Merdeka Day and in relation to such a period beginning on or after that day.

*NOTE—This Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

Article 28A: Deprivation of citizenship of persons becoming citizens on Malaysia Day

28A. (1) (Repealed).

(2) For the purposes of Articles 24, 25, 26 and 26A a person who on Malaysia Day becomes a citizen by operation of law because immediately before that day he has the status of a citizen of the United Kingdom and Colonies shall be treated—

(a) as a citizen by registration if he acquired that status by registration; and
(b) as a citizen by naturalization if he acquired that status by or in consequence of naturalization;
and references in those Articles to the registration or naturalization of a citizen shall be construed accordingly.
(3) Where a woman is under this Article to be treated as a citizen by registration, and the status in consequence of which she is to be so treated was acquired by her by virtue of marriage, then for purposes of Clause (4) of Article 24 and Clause (2) of Article 26 she shall be treated as a citizen by registration under Clause (1) of Article 15.
(4) Where a person born before Malaysia Day is under this Article to be treated as a citizen by registration by virtue of a connection with the State of Sabah or Sarawak and he was not born in the territories comprised in the States of Sabah and Sarawak, Article 25 shall apply to him as if he were a citizen by registration under Article 16A or 17*.
(5) Notwithstanding that a person is under this Article to be treated as a citizen by naturalization, he shall not be deprived of his citizenship under Article 25 if he was born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak and is to be so treated by virtue of a status acquired by or in consequence of naturalization in those territories.
(6) Without prejudice to the foregoing Clauses, where on Malaysia Day a person becomes a citizen by operation of law in virtue of any status possessed by him immediately before that day, but he was liable in respect of things done before that day to be deprived of that status under the law relating thereto, then the Federal Government may by order deprive him of his citizenship, if proceedings for that purpose are begun before September 1965; but Clause (2) of Article 26B and, subject to Clause (7), Article 27 shall apply to an order under this Clause as they apply to an order under Article 25.
(7) Where a person is liable to be deprived of citizenship under Clause (6) and proceedings had before Malaysia Day been begun to deprive him of the status in virtue of which he acquired his citizenship, those proceedings shall be treated as proceedings to deprive him of citizenship under that Clause, and shall be continued as such; but they shall be continued in accordance with the law relating to that status immediately before Malaysia Day, and the functions of the Federal Government in relation thereto shall be delegated to such authority of the State in question as the Federal Government may determine.

*NOTE—This Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

Chapter 3—Supplemental

Article 29: Commonwealth citizenship

29. (1) In accordance with the position of the Federation within the Commonwealth, every person who is a citizen of the Federation enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.

(2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.

Article 30: Certificates of citizenship

30. (1) The Federal Government may, on the application of any person with respect to whose citizenship a doubt exists, whether of fact or of law, certify that that person is a citizen.

(2) A certificate issued under Clause (1) shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that the person to whom it relates was a citizen on the date of the certificate, but without prejudice to any evidence that he was a citizen at an earlier date.
(3) For the purpose of determining whether a person was born a citizen of the Federation, any question whether he was born a citizen of another country shall be decided by the Federal Government, whose certificate thereon (unless proved to have been obtained by means of fraud, false representation or concealment of a material fact) shall be conclusive.
(4) (Repealed).

Article 30A: (Franchise, etc., of Singapore citizens and other citizens—Repealed)

30A. (Repealed).

Article 30B: (Liaison as to citizenship between governments of Federation and of Singapore—Repealed)

30B. (Repealed).

Article 31: Application of Second Schedule

31. Until Parliament otherwise provides, the supplementary provisions contained in Part III of the Second Schedule shall have effect for the purposes of this Part.

PART IV
THE FEDERATION

Chapter 1—The Supreme Head

Article 32: Supreme Head of the Federation, and his Consort

32. (1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court except in the Special Court established under Part XV.

(2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.
(3) The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.
(4) The provisions of Part I and III of the Third Schedule shall apply to the election and removal of the Yang di-Pertuan Agong.

Article 33: Deputy Supreme Head of the Federation

33. (1) There shall be a Deputy Supreme Head of the Federation (to be called the Timbalan Yang di-Pertuan Agong) who shall exercise the functions and have the privileges of the Yang di-Pertuan Agong during any vacancy in the office of the Yang di-Pertuan Agong and during any period during which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause, but the Timbalan Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days, unless the Timbalan Yang di-Pertuan Agong is satisfied that it is necessary or expedient to exercise such functions.

(2) The Timbalan Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, or if elected during the term for which the Yang di-Pertuan Agong was elected, for the remainder of that term, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers and shall cease to hold office on ceasing to be a Ruler.
(3) If during the term for which the Timbalan Yang di-Pertuan Agong was elected a vacancy occurs in the office of the Yang di-Pertuan Agong his term shall expire on the cessation of the vacancy.
(4) the provisions of Part II of the Third Schedule shall apply to the election of the Timbalan Yang di-Pertuan Agong.
(5) Parliament may by law* provide for the exercise by a Ruler of the functions of the Yang di-Pertuan Agong in cases where those functions would under Clause (1) fall to be exercised by the Timbalan Yang di-Pertuan Agong but cannot be so exercised owing to a vacancy in the office of the Timbalan Yang di-Pertuan Agong or to his illness, absence from the Federation or to any other cause; but such a law shall not be passed without the consent of the Conference of Rulers.

* See Yang di-Pertuan Agong (Exercise of Functions) Act 1957 [Act 373].

Article 33A: Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence

33A. (1) Where the Yang di-Pertuan Agong is charged with an offence under any law in the Special Court established under Part XV he shall cease to exercise the functions of the Yang di-Pertuan Agong.

(2) The period during which the Yang di-Pertuan Agong ceases, under Clause (1), to exercise the functions of the Yang di-Pertuan Agong shall be deemed to be part of the term of office of the Yang di-Pertuan Agong provided for in Clause (3) of Article 32.

Article 34: Disabilities of Yang di-Pertuan Agong, etc.

34. (1) The Yang di-Pertuan Agong shall not exercise his functions as Ruler of his State except those of Head of the religion of Islam.

(2) The Yang di-Pertuan Agong shall not hold any appointment carrying any remuneration.
(3) The Yang di-Pertuan Agong shall not actively engage in any commercial enterprise.
(4) The Yang di-Pertuan Agong shall not receive any emoluments of any kind whatever payable or accruing to him as the Ruler of his State under the provisions of the Constitution of that State or of any State law.
(5) The Yang di-Pertuan Agong shall not, without the consent of the Conference of Rulers, be absent from the Federation for more than fifteen days, except on a State visit to another country.
(6) Clauses (2) and (3) shall also apply to the Raja Permaisuri Agong.
(7) Where the Timbalan Yang di-Pertuan Agong or any other person authorized by law exercises the functions of the Yang di-Pertuan Agong for a period exceeding fifteen days Clause (1) to (5) shall apply to him during that period as they apply to the Yang di-Pertuan Agong.
(8) Nothing in Clause (1) shall prevent the Yang di-Pertuan Agong exercising as Ruler of his State any power vested in him either alone or in conjunction with any other authority—

(a) to amend the Constitution of the State; or
(b) to appoint a Regent or member of a Council of Regency in the place of any Regent or member, as the case may be, who has died or has become incapable for any reason of performing the duties of the office of Regent or member of the Council of Regency respectively.

Article 35: Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong

35. (1) Parliament shall by law* provide a Civil List of the Yang di-Pertuan Agong which shall include provision for an annuity to be paid to the Raja Permaisuri Agong, and shall be charged on the Consolidated Fund and shall not be diminished during the Yang di-Pertuan Agong’s continuance in office.

(2) Parliament shall by law** make provision for the remuneration of the Timbalan Yang di-Pertuan Agong or any other person authorized by law to exercise the functions of the Yang di-Pertuan Agong during any period during which he exercises those functions and the remuneration for which provision is made in pursuance of this Clause shall be charged on the Consolidated Fund.

* See Civil List Act 1982 [Act 269].

** See Timbalan Yang di-Pertuan Agong (Remuneration) Act 1958 [Act 374].

Article 36: Public Seal

36. The Yang di-Pertuan Agong shall keep and use the Public Seal* of the Federation.

* See F.M.G.N. 3625/1952

Article 37: Oath of office of Yang di-Pertuan Agong

37. (1) The Yang di-Pertuan Agong shall before exercising his functions take and subscribe before the Conference of Rulers and in the presence of the Chief Justice of the Federal Court (or in his absence the next senior judge of the Federal Court available) the oath of office set out in Part I of the Fourth Schedule; and the oath shall be attested by two persons appointed for the purpose by the Conference of Rulers.

(2) The Timbalan Yang di-Pertuan Agong shall before exercising his functions, other than the functions exercisable for the purpose of convening the Conference of Rulers, take and subscribe before the Conference of Rulers and in the presence of the Chief Justice of the Federal Court (or in his absence the next senior judge of the Federal Court available) the oath of office set out in Part II of the Fourth Schedule.
(3) The said oaths, translated into English, are set out in Part III of the Fourth Schedule.
(4) Any law made under Clause (5) of Article 33 shall make provision corresponding (with the necessary modifications) to Clause (2).

Chapter 2—The Conference of Rulers

Article 38: Conference of Rulers

38. (1) There shall be a Majlis Raja-Raja (Conference of Rulers), which shall be constituted in accordance with the Fifth Schedule.

(2) The Conference of Rulers shall exercise its functions of—

(a) electing, in accordance with the provisions of the Third Schedule, the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong;
(b) agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;
(c) consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference;
(d) appointing members of the Special Court under Clause (1) of Article 182;
(e) granting pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under Clause (12) of Article 42,
and may deliberate on questions of national policy (for example changes in immigration policy) and any other matter that it thinks fit.
(3) When the Conference deliberates on matters of national policy the Yang di-Pertuan Agong shall be accompanied by the Prime Minister, and the other Rulers and the Yang di-Pertua-Yang di-Pertua Negeri by their Menteri-Menteri Besar or Chief Ministers; and the deliberations shall be among the functions exercised, by the Yang di-Pertuan Agong in accordance with the advice of the Cabinet, and by the other Rulers and the Yang di-Pertua-Yang di-Pertua Negeri in accordance with the advice of their Executive Councils.
(4) No law directly affecting the privileges, position, honours or dignities of the Rulers shall be passed without the consent of the Conference of Rulers.
(5) The Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made.
(6) The members of the Conference of Rulers may act in their discretion in any proceedings relating to the following functions, that is to say:

(a) the election or removal from office of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong;
(b) the advising on any appointment;
(c) the giving or withholding of consent to any law altering the boundaries of a State or affecting the privileges, position, honours or dignities of the Rulers; or
(d) the agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;
(e) the appointment of members of the Special Court under Clause (1) of Article 182; or
(f) the granting of pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under Clause (12) of Article 42.
(7) (Repealed).

Chapter 3–The Executive

Article 39: Executive authority of Federation

39. The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable, subject to the provisions 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.

Article 40: Yang di-Pertuan Agong to act on advice

40. (1) In the exercise of his functions under this Constitution or 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 of the Federation 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 such 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, honours and dignities 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 body of persons other than the Cabinet in the exercise of any of his functions other than—

(a) functions exercisable in his discretion;
(b) functions with respect to the exercise of which provision is made in any other Article.

Article 41: Supreme command of armed forces

41. The Yang di-Pertuan Agong shall be the Supreme Commander of the armed forces of the Federation.

Article 42: Power of pardon, etc

42. (1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.

(2) Subject to Clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.
(3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya, shall each be regarded as a State.
(4) The powers mentioned in this Article—

(a) are, so far as they are exercisable by the Yang di-Pertuan Agong, among functions with respect to which federal law may make provision under Clause (3) of Article 40;
(b) shall, so far as they are exercisable by the Ruler or Yang di-Pertua Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5).
(5) The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.
(6) The members of a Pardons Board appointed by the Ruler or Yang di-Pertua Negeri shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the Board.
(7) A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang di-Pertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member.
(8) The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it.
(9) Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon.
(10) Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur, Labuan and Putrajaya shall be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.
(11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to “Ruler or Yang di-Pertua Negeri” shall be construed as reference to the Yang di-Pertuan Agong and reference to “Chief Minister of the State” shall be construed as reference to the Minister responsible for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
(12) Notwithstanding anything contained in this Constitution, where the powers mentioned in this Article—

(a) are exercisable by the Yang di-Pertua Negeri of a State and are to be exercised in respect of himself or his wife, son or daughter, such powers shall be exercised by the Yang di-Pertuan Agong acting on the advice of the Pardons Board constituted for that State under this Article and which shall be presided over by him;
(b) are to be exercised in respect of the Yang di-Pertuan Agong, the Ruler of a State, or his Consort, as the case may be, such powers shall be exercised by the Conference of Rulers and the following provisions shall apply:

(i) when attending any proceedings under this Clause, the Yang di-Pertuan Agong shall not be accompanied by the Prime Minister and the other Rulers shall not be accompanied by their Menteri-Menteri Besar;
(ii) before arriving at its decision on any matter under this Clause, the Conference of Rulers shall consider any written opinion which the Attorney General may have delivered thereon;
(c) are to be exercised by the Yang di-Pertuan Agong or the Ruler of a State in respect of his son or daughter, as the case may be, such powers shall be exercised by the Ruler of a State nominated by the Conference of Rulers who shall act in accordance with the advice of the relevant Pardons Board constituted under this Article.
(13) For the purpose of paragraphs (b) and (c) of Clause (12), the Yang di-Pertuan Agong or the Ruler of the State concerned, as the case may be, and the Yang di-Pertua-Yang di-Pertua Negeri shall not be members of the Conference of Rulers.

Article 43: Cabinet

43. (1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.

(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and
(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament;
but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Representatives, and in any other case he is a member either of that House or of the Senate.
(3) The Cabinet shall be collectively responsible to Parliament.
(4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
(5) Subject to Clause (4), Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign his office.
(6) Before a Minister exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule.
(7) Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under Article 17* shall not be appointed Prime Minister.
(8) (Repealed).
(9) Parliament shall by law make provision for the remuneration of members of the Cabinet.

*NOTE—This Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

Article 43A: Deputy Ministers

43A. (1) The Yang di-Pertuan Agong may on the advice of the Prime Minister appoint Deputy Ministers from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.

(2) Deputy Ministers shall assist Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers.
(3) The provisions of Clauses (5) and (6) of Article 43 shall apply to Deputy Ministers as they apply to Ministers.
(4) Parliament shall by law make provision for the remuneration of Deputy Ministers.

Article 43B: Parliamentary Secretaries

43B. (1) The Prime Minister may appoint Parliamentary Secretaries from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved, a person who was a member of the last House of Representatives may be appointed, but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate.

(2) Parliamentary Secretaries shall assist Ministers and Deputy Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers and Deputy Ministers.
(3) A Parliamentary Secretary may at any time resign his office, and his appointment as such may be determined at any time by the Prime Minister.
(4) Before a Parliamentary Secretary exercises the functions of his office he shall take and subscribe in the presence of the Prime Minister the oath of secrecy set out in the Sixth Schedule.
(5) Parliament shall by law make provision for the remuneration of Parliamentary Secretaries.

Article 43C: Political Secretaries

43C. (1) The Prime Minister may appoint such number of persons as he may think fit to be Political Secretaries.

(2) A person appointed as a Political Secretary by virtue of this Article—

(a) need not be a member of either House of Parliament;
(b) may resign his office at any time;
(c) subject to paragraph (b), shall continue in office until such time as his appointment is determined by the Prime Minister.
(3) The provisions of Clause (4) of Article 43b shall apply to Political Secretaries as they apply to Parliamentary Secretaries.
(4) The duties and functions of Political Secretaries, and their remuneration, shall be determined by the Cabinet.

Chapter 4—Federal Legislature

Article 44: Constitution of Parliament

44. 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).

Article 45: Composition of Senate

45. (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 be three years and shall not be affected by a 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.

Article 46: Composition of House of Representatives

46. (1) The House of Representatives shall consist of two hundred and twenty-two elected members.

(2) There shall be—

(a) two hundred and nine members from the States in Malaysia as follows:

(i) twenty-six members from Johore;
(ii) fifteen members from Kedah;
(iii) fourteen members from Kelantan;
(iv) six members from Malacca;
(v) eight members from Negeri Sembilan;
(vi) fourteen members from Pahang;
(vii) thirteen members from Penang;
(viii) twenty-four members from Perak;
(ix) three members from Perlis;
(x) twenty-five members from Sabah;
(xi) thirty-one members from Sarawak;
(xii) twenty-two members from Selangor; and
(xiii) eight members from Terengganu; and
(b) thirteen members from the Federal Territories of Kuala Lumpur, Labuan and Putrajaya as follows:

(i) eleven members from the Federal Territory of Kuala Lumpur;
(ii) one member from the Federal Territory of Labuan;
(iii) one member from the Federal Territory of Putrajaya.

Article 47: Qualifications for membership of Parliament

47. Every citizen resident in the Federation is qualified to be a member—

(a) of the Senate, if he is not less than thirty years old;
(b) of the House of Representatives, if he is not less than twenty-one years old, unless he is disqualified for being a member by this Constitution or by any law made in pursuance of Article 48.

Article 48: Disqualification for membership of Parliament

48. (1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if—

(a) he is and has been found or declared to be of unsound mind; or
(b) he is an undischarged bankrupt; or
(c) he holds an office of profit; or
(d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or
(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
(f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
(2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either House of Parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.
(3) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the Yang di-Pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person; and a person shall not be disqualified under paragraph (f) of Clause (1) by reason only of anything done by him before he became a citizen.
(4) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2)—

(a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was—

(i) convicted and sentenced as specified in the aforesaid paragraph (e); or
(ii) convicted of an offence or proved guilty of an actunder a federal law made in pursuance of Clause (2); or
(b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or
(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.
(5) Clause (4) shall not apply for the purpose of nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.
(6) A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.

Article 49: Provisions against double memberships

49. A person shall not at the same time be a member of both Houses of Parliament, nor be elected to the House of Representatives for more than one constituency or to the Senate for more than one State, nor be both an elected and an appointed member of the Senate.

Article 50: Effect of disqualification, and prohibition of nomination or appointment without consent

50. (1) If a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant.

(2) If a person disqualified for being a member of the House of Representatives is elected to that House or if a person disqualified for being a member of the Senate is elected or appointed to the Senate, or if an election or appointment to either House is contrary to Article 49, the election or appointment shall be void.
(3) (Repealed).
(4) A person cannot be validly nominated for election to membership of either House or appointed to the Senate without his consent.

Article 51: Resignation of members

51. A member of either House of Parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the President of the Senate, and if a member of the House of Representatives, to the Speaker of that House.

Article 52: Absence of a member

52. (1) If a member of either House of Parliament is without the leave of the House absent from every sitting of the House for a period of six months the House may declare his seat vacant.

(2) A member of either House of Parliament who has been granted leave of absence from the sittings of the House of which he is a member shall not, for the duration of such leave, participate in any manner in the affairs and business of that House.

Article 53: Decisions as to disqualification

53. (1) If any question arises whether a member of a House of Parliament has become disqualified for membership, the decision of that House shall be taken and shall be final:

Provided that this Article shall not be taken to prevent the practice of the House postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).
(2) Where a member of either House of Parliament becomes disqualified under paragraph (e) of Clause (1) of Article 48 or under a federal law made in pursuance of Clause (2) of Article 48, Clause (1) shall not apply and he shall cease to be a member of that House, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (4) of Article 48.

Article 54: Vacancies in Senate and casual vacancies

54. (1) Save as provided under Clause (3), whenever there is a vacancy among members of the Senate or a casual vacancy among members of the House of Representatives, such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the President of the Senate that there is a vacancy or by the Election Commission that there is a casual vacancy, as the case may be, and an election shall be held or an appointment made accordingly:

Provided that failure to make any such appointment within the period specified in this Clause shall not invalidate any appointment made out of time:
Provided further that, if a casual vacancy in the House of Representatives is established on a date within two years of the date Parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled unless the Speaker notifies the Election Commission in writing that the numerical strength of the party that constitutes a majority of all the members of the House of Representatives is being affected by such vacancy, in which event such vacancy shall be filled within sixty days from the date of the receipt of that notification.
(2) (Repealed).
(3) Where a vacancy among members of the Senate relates to a vacancy which shall be filled by a member who shall be elected by a State in accordance with the Seventh Schedule, the provisions of Clause (1) shall not apply to the filling of such vacancy.

Article 55: Summoning, prorogation and dissolution of Parliament

55. (1) The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.

(2) The Yang di-Pertuan Agong may prorogue or dissolve Parliament.
(3) Parliament unless sooner dissolved, shall continue for five years from the date of its first meeting and shall then stand dissolved.
(4) Whenever Parliament is dissolved a general election shall be held within sixty days from the date of the dissolution and Parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date.
(5) A Bill pending in Parliament shall not lapse by reason of the prorogation of Parliament.
(6) (Repealed).
(7) A Bill pending the assent of the Yang di-Pertuan Agong under Clause (4) or Clause (4a) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament.

Article 56: President and Deputy President of Senate

56. (1) The Senate shall from time to time choose one of its members to be Yang di-Pertua Dewan Negara (President of the Senate) and one to be Deputy President of the Senate, and shall, subject to Clause (3), transact no business while the office of President is vacant other than the election of a President.

(2) A member holding office as President or Deputy President shall cease to hold his office on the expiry of the term for which he was elected or appointed a member or on otherwise ceasing to be a member of the Senate, or upon being disqualified under Clause (5), and may at any time resign his office.
(3) During any vacancy in the office of President or during any absence of the President from any sitting, the Deputy President or, if the Deputy President is also absent or if his office is also vacant, such other member as may be determined by the rules of procedure of the Senate, shall act as President.
(4) If a member of the Legislative Assembly of a State is chosen to be President he shall resign from the Assembly before exercising the functions of his office.
(5) A member who is elected to be President or Deputy President shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
(6) Where any question arises regarding the disqualification of the President or Deputy President under Clause (5) the decision of the Senate shall be taken and shall be final.

Article 57: Speaker and Deputy Speakers of the House of Representatives

57. (1) The House of Representatives shall from time to time elect—

(a) as Yang di-Pertua Dewan Rakyat (Speaker), a person who either is a member of the House or is qualified for election as such a member; and
(b) two Deputy Speakers from among members of the House, and the House shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.
(1A) Any person elected as Speaker who is not a member of the House of Representatives—

(a) shall, before he enters upon the duties of his office, take and subscribe before the House the oath of office and allegiance set out in the Sixth Schedule; and
(b) shall, by virtue of holding his office, be a member of the House additional to the members elected pursuant to Article 46:

Provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43A, 43B, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the House.
(2) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office—

(a) when the House first meets after a general election;
(b) on his ceasing to be a member of the House otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1A), on his ceasing to be qualified to be a member;
(bb) upon being disqualified under Clause (5);
(c) if the House at any time so resolves.
(2A) A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office—

(a) on his ceasing to be a member of the House;
(b) if the House at any time so resolves.
(3) During any vacancy in the office of Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.
(4) If a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office.
(5) A person who is elected to be Speaker or a Deputy Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
(6) Where any question arises regarding the disqualification of the Speaker or a Deputy Speaker under Clause (5) the decision of the House of Representatives shall be taken and shall be final.

Article 58: Remuneration of President, Deputy President, Speaker and Deputy Speakers

58. Parliament shall by law provide for the remuneration of the President and Deputy President of the Senate and the Speaker and Deputy Speakers of the House of Representatives, and the remuneration so provided for the President of the Senate and the Speaker of the House of Representative shall be charged on the Consolidated Fund.

Article 59: Oaths by members

59. (1) Every member of either House of Parliament shall before taking his seat take and subscribe before the person presiding in the House an oath in the form set out in the Sixth Schedule, but a member may before taking that oath take part in the election of a President of the Senate or Speaker of the House of Representatives.

(2) If a member has not taken his seat within six months from the date on which the House first sits after his election or such further time as the House may allow, his seat shall become vacant.

Article 60: Address by the Yang di-Pertuan Agong

60. The Yang di-Pertuan Agong may address either House of Parliament or both Houses jointly.

Article 61: Special provisions as to Cabinet and Attorney General

61. (1) In addition to his rights as a member of one of the Houses of Parliament every member of the Cabinet shall have the right to take part in the proceedings of the other House.

(2) Either House of Parliament may appoint as a member of any of its committees the Attorney General or any member of the Cabinet notwithstanding that he is not a member of that House.
(3) This Article does not authorize any person who is not a member of a House to vote in that House or any of its committees.
(4) In this Article “member of the Cabinet” includes a Deputy Minister and a Parliamentary Secretary.

Article 62: Parliamentary procedure

62. (1) Subject to the provisions of this Constitution and of federal law, each House of Parliament shall regulate its own procedure.

(2) Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings.
(3) Subject to Clause (4) and to Clause (1) of Article 89 and Clause (3) of Article 159 and to sections 10 and 11 of the Thirteenth Schedule, each House shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall unless he is a member of the House by virtue only of paragraph (b) of Clause (1a) of Article 57 cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.
(4) In regulating its procedure each House may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.
(5) Members absent from a House shall not be allowed to vote.

Article 63: Privileges of Parliament

63. (1) The validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either House of Parliament or any committee thereof.
(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of either House of Parliament.
(4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 [Act 15] as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970 [P.U. (A) 282/1970].
(5) Notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Yang di-Pertuan Agong or a Ruler when taking part in any proceedings of either House of Parliament or any committee thereof except where he advocates the abolition of the constitutional position of the Yang di-Pertuan Agong as the Supreme Head of the Federation or the constitutional position of the Ruler of a State, as the case may be.

Article 64: Remuneration of members

64. Parliament shall by law provide for the remuneration of members of each House.

Article 65: Clerks of Senate and House of Representatives

65. (1) There shall be a Clerk to the Senate and a Clerk to the House of Representatives.

(2) The Clerk to the Senate and the Clerk to the House of Representatives shall be appointed by the Yang di-Pertuan Agong from among members of the general public service of the Federation and each shall hold office until he attains the age of compulsory retirement for members of the general public service unless he sooner resigns his office or is transferred to another office in the general public service.
(3) The persons holding the office of the Clerk to the Senate and Clerk to the House of Representatives immediately prior to the coming into force of this Clause shall, unless either person has not attained the age of fifty-five years and has opted to become a member of the general public service of the Federation, continue to hold office respectively on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court, and in this respect the representation mentioned in Clause (3) of Article 125 shall be a representation made by the President of the Senate or, as the case may be, the Speaker of the House of Representatives.
(4) (Repealed).
(5) (Repealed).

Chapter 5—Legislative procedure

Article 66: Exercise of legislative power

66. (1) The power of Parliament to make laws shall be exercised by Bills passed by both Houses (or, in the cases mentioned in Article 68, the House of Representatives) and, except as otherwise provided in this Article, assented to by the Yang di-Pertuan Agong.

(2) Subject to Article 67, a Bill may originate in either House.
(3) When a Bill has been passed by the House in which it originated it shall be sent to the other House; and it shall be presented to the Yang di-Pertuan Agong for his assent when it has been passed by the other House and agreement has been reached between the two Houses on any amendments made in it or when it is required to be so presented under Article 68.
(4) The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto.
(4A) If a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto.
(4B) (Repealed).
(5) A Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.
(6) Nothing in this Article or in Article 68 shall invalidate any law confirming an undertaking given by the Federal Government to the effect that a Bill to which the undertaking relates shall not be presented to the Yang di-Pertuan Agong for his assent except in accordance with the undertaking.

Article 67: Restriction on introduction of Bills and moving of amendments involving taxation, expenditure, etc.

67. (1) A Bill or amendment making provision (whether directly or indirectly) for—

(a) imposing or increasing any tax or abolishing, reducing or remitting any existing tax;
(b) the borrowing of money, or the giving of any guarantee, by the Federation, or the amendment of the law relating to the financial obligations of the Federation;
(c) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge;
(d) the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal;
(e) the compounding or remission of any debt due to the Federation;
(f) the assignment of a tax or fee or the making of a grant to any State;
(g) the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys or the audit of the accounts of the Federation or a State,
being provision as respects which the Minister charged with responsibility for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment shall not be introduced or moved except by a Minister, and a Bill making any such provision shall not be introduced in the Senate.
(2) A Bill or amendment shall not be deemed to make provision for any of the said matters by reason only that it provides—

(a) for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered; or
(b) for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.

Article 68: Assent to Bills passed by House of Representatives only

68. (1) Where a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within a month, it shall be presented to the Yang di-Pertuan Agong for his assent unless the House of Representatives otherwise directs.

(2) Where—

(a) a Bill which is not a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree; and
(b) in the following session (whether of the same Parliament or not) but not earlier than one year after it was first passed by the House of Representatives the same Bill, with no other alterations than those mentioned in Clause (3), is passed again by the House of Representatives and sent to the Senate at least one month before the end of the session and is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree,
the Bill shall, unless the House of Representatives otherwise directs, be presented to the Yang di-Pertuan Agong for his assent with such amendments, if any, as may have been agreed to by both Houses.
(3) The alterations referred to in Clause (2) are alterations certified by the Speaker of the House of Representatives to be necessary owing to the time which has elapsed since the Bill was passed in the earlier session or to represent amendments made in that session by the Senate.
(4) When a Bill is presented to the Yang di-Pertuan Agong in pursuance of this Article it shall bear a certificate of the Speaker of the House of Representatives that the provisions of this Article have been complied with, and that certificate shall be conclusive for all purposes and shall not be questioned in any court.
(5) This Article does not apply to any Bill for making any amendment to this Constitution, other than an amendment excepted from the provisions of Clause (3) of Article 159.
(6) In this Article “money Bill” means a Bill which, containing in the opinion of the Speaker of the House of Representatives only provisions dealing with all or any of the following matters, that is to say:

(a) the matters mentioned in Clause (1) of Article 67 or the regulation of any tax;
(b) the reduction of any such amount as is mentioned in paragraph (d) of Clause (1) of Article 67; and
(c) any matter incidental to those matters or any of them,
is certified by him as a money Bill.

Chapter 6—Capacity as respects property, contracts and suits

Article 69: Capacity of Federation as respects property, contracts and suits

69. (1) The Federation has power to acquire, hold and dispose of property of any kind and to make contracts.

(2) The Federation may sue and be sued.

PART V
THE STATES

Article 70: Precedence of Rulers and Yang di-Pertua-Yang di-Pertua Negeri

70. (1) Subject to the precedence of the Yang di-Pertuan Agong and his Consort, the Rulers and Yang di-Pertua-Yang di-Pertua Negeri of the States shall take precedence over all other persons and each Ruler or Yang di-Pertua Negeri shall in his own State take precedence over the other Rulers and Yang di-Pertua-Yang di-Pertua Negeri.

(2) Subject to Clause (1), the Rulers shall take precedence over the Yang di-Pertua-Yang di-Pertua Negeri and, among themselves, in accordance with the dates on which they acceded as Rulers, and the Yang di-Pertua-Yang di-Pertua Negeri shall take precedence among themselves in accordance with the dates on which they were appointed as Yang di-Pertua-Yang di-Pertua Negeri; and if Yang di-Pertua-Yang di-Pertua Negeri were appointed on the same day the older shall take precedence over the younger.

Article 71: Federal guarantee of State Constitutions

71. (1) The Federation shall guarantee the right of a Ruler of a State to succeed and to hold, enjoy and exercise the constitutional rights and privileges of Ruler of that State in accordance with the Constitution of that State; but any dispute as to the title to the succession as Ruler of any State shall be determined solely by such authorities and in such manner as may be provided by the Constitution of that State.

(2) Clause (1) shall, with the necessary modifications, apply in relation to a Ruling Chief of Negeri Sembilan as it applies to the Ruler of a State.
(3) If it appears to Parliament that in any State any provision of this Constitution or of the Constitution of that State is being habitually disregarded, Parliament may, notwithstanding anything in this Constitution, by law make provision for securing compliance with those provisions.
(4) If at any time the Constitution of any State does not contain the provisions set out in Part I of the Eighth Schedule, with or without the modifications allowed under Clause (5) (hereinafter referred to as “the essential provisions”) or provisions substantially to the same effect, or contains provisions inconsistent with the essential provisions, Parliament may, notwithstanding anything in this Constitution, by law make provision for giving effect in that State to the essential provisions or for removing the inconsistent provisions.
(5) The provisions set out in Part I of the Eighth Schedule may be modified by substituting for section 2 or section 4 or both the provisions set out in Part II of that Schedule as an alternative thereto—

(a) in the case of every State, until the dissolution of the second Legislative Assembly constituted in accordance with those provisions or those provisions so modified;
(b) in the case of Perlis, until such further time as the Legislative Assembly of that State may resolve and, as respects the provision set out in section 2 of that Schedule, indefinitely.
(6) A law made for a State in pursuance of this Article shall, unless sooner repealed by Parliament, cease to have effect on such day as a new Legislative Assembly, constituted in that State after the passing of the law, may resolve.
(7) In relation to the State of Sabah or Sarawak—

(a) Clause (5) shall not apply; but
(b) until the end of August 1957, or such earlier date as the Yang di-Pertuan Agong with the concurrence of the Yang di-Pertua Negeri may by order direct, Clause (4) shall apply as if the reference to the modifications allowed under Clause (5) were a reference to the modifications made by the Constitution of the State as in force on Malaysia Day.
(8) (Repealed).

Article 72: Privileges of Legislative Assembly

72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.
(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.
(4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970.
(5) Notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Ruler of any State when taking part in any proceedings of the Legislative Assembly of any State or any committee thereof except where he advocates the abolition of the Ruler’s position as the constitutional Ruler of that State.

PART VI
RELATIONS BETWEEN THE FEDERATION AND THE STATES

Chapter 1—Distribution of legislative powers

Article 73: Extent of federal and State laws

73. In exercising the legislative powers conferred on it by this Constitution—

(a) Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation;
(b) the Legislature of a State may make laws for the whole or any part of that State.

Article 74: Subject matter of federal and State laws

74. (1) Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule).

(2) Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List.
(3) The power to make laws conferred by this Article is exercisable subject to any conditions or restrictions imposed with respect to any particular matter by this Constitution.
(4) Where general as well as specific expressions are used in describing any of the matters enumerated in the Lists set out in the Ninth Schedule the generality of the former shall not be taken to be limited by the latter.

Article 75: Inconsistencies between federal and State laws

75. If any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void.

Article 76: Power of Parliament to legislate for States in certain cases

76. (1) Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:

(a) for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member; or
(b) for the purpose of promoting uniformity of the laws of two or more States; or
(c) if so requested by the Legislative Assembly of any State.
(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.
(3) Subject to Clause (4), a law made in pursuance of paragraph (b) or paragraph (c) of Clause (1) shall not come into operation in any State until it has been adopted by a law made by the Legislature of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by that Legislature.
(4) Parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer of land, mortgages, leases and charges in respect of land, easements and other rights and interests in land, compulsory acquisition of land, rating and valuation of land, and local government; and paragraph (b) of Clause (1) and Clause (3) shall not apply to any law relating to any such matter.

Article 76A: Power of Parliament to extend legislative powers of States

76A. (1) It is hereby declared that the power of Parliament to make laws with respect to a matter enumerated in the Federal List includes power to authorize the Legislatures of the States or any of them, subject to such conditions or restrictions (if any) as Parliament may impose, to make laws with respect to the whole or any part of that matter.

(2) Notwithstanding Article 75, a State law made under authority conferred by Act of Parliament as mentioned in Clause (1) may, if and to the extent that the Act so provides, amend or repeal (as regards the State in question) any federal law passed before that Act.
(3) Any matter with respect to which the Legislature of a State is for the time being authorized by Act of Parliament to make laws shall for purposes of Articles 79, 80 and 82 be treated as regards the State in question as if it were a matter enumerated in the Concurrent List.

Article 77: Residual power of legislation

77. The Legislature of a State shall have power to make laws with respect to any matter not enumerated in any of the Lists set out in the Ninth Schedule, not being a matter in respect of which Parliament has power to make laws.

Article 78: Legislation restricting use of rivers

78. In so far as any law made by Parliament or any regulation made in pursuance of such a law restricts the rights of a State or its residents to the use for navigation or irrigation of any river wholly within that State it shall not have effect in that State unless it has been approved by a resolution of the Legislative Assembly of that State supported by a majority of the total number of its members.

Article 79: Exercise of concurrent legislative powers

79. (1) Where it appears to the presiding officer of either House of Parliament or of the Legislative Assembly of any State that a Bill or an amendment to a Bill proposes a change in the law relating to any of the matters enumerated in the Concurrent List, or to any of the matters enumerated in the State List with respect to which the Federation is exercising functions in accordance with Article 94, he shall certify the Bill or amendment for the purposes of this Article.

(2) A Bill or amendment certified under this Article shall not be proceeded with until four weeks have elapsed since its publication, unless the presiding officer, being satisfied that the State Governments, or as the case may be, the Federal Government, have been consulted, allows it to be proceeded with on the ground of urgency.

Chapter 2—Distribution of executive powers

Article 80: Distribution of executive powers

80. (1) Subject to the following provisions of this Article the executive authority of the Federation extends to all matters with respect to which Parliament may make laws, and the executive authority of a State to all matters with respect to which the Legislature of that State may make laws.

(2) The executive authority of the Federation does not extend to any matter enumerated in the State List, except in so far as is provided in Articles 93 to 95, nor to any matter enumerated in the Concurrent List, except in so far as may be provided by federal or State law; and so far as federal or State law confers executive authority on the Federation with respect to any matter enumerated in the Concurrent List it may do so to the exclusion of the executive authority of the State.
(3) So far as a law made under Clause (4) of Article 76 makes provisions for conferring executive authority on the Federation it shall not operate in any State unless approved by resolution of the Legislative Assembly of that State.
(4) Federal law may provide that the executive authority of a State shall extend to the administration of any specified provisions of federal law and may for that purpose confer powers and impose duties on any authority of the State.
(5) Subject to any provisions of federal or State law, arrangements may be made between the Federation and a State for the performance of any functions by the authorities of the one on behalf of the authorities of the other and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements.
(6) Where, in pursuance of Clause (4), any functions are conferred by federal law on any authority of a State the Federation shall make such payments to the State as may be agreed between the Federation and the State or as may in default of agreement be determined by a tribunal appointed by the Chief Justice of the Federal Court.

Article 81: Obligations of States towards Federation

81. The executive authority of every State shall be so exercised—

(a) as to ensure compliance with any federal law applying to that State; and
(b) as not to impede or prejudice the exercise of the executive authority of the Federation.

Chapter 3—Distribution of financial burdens

Article 82: Financing of expenditure relating to matters on Concurrent List

82. Where any law or executive action relating to any of the matters enumerated in the Concurrent List involves expenditure, such action shall be taken under this Constitution as will ensure that, unless otherwise agreed, the burden of that expenditure is borne—

(a) by the Federation, if the expenditure results either from federal commitments or from State commitments undertaken in accordance with federal policy and with the specific approval of the Federal Government;
(b) by the State or States concerned, if the expenditure results from State commitments undertaken by the State or States on its or their own authority.

Chapter 4—Land

Article 83: Acquisition of land for federal purposes

83. (1) If the Federal Government is satisfied that land in a State, not being alienated land, is needed for federal purposes, that Government may, after consultation with the State Government, require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation, or to such public authority as the Federal Government may direct, such grant of the land as the Federal Government may direct:

Provided that the Federal Government shall not require the grant of any land reserved for a State purpose unless it is satisfied that it is in the national interest so to do.
(2) Where in accordance with Clause (1) the Federal Government requires the State Government to cause to be made a grant of land in perpetuity, the grant shall be made without restrictions as to the use of the land but shall be subject to the payment annually of an appropriate quit rent and the Federation shall pay to the State a premium equal to the market value for the grant; and where the Federal Government so requires the State Government to cause to be granted any other interest in land, the Federation shall pay to the State the just annual rent therefor and such premium, if any is required by the State Government, as may be just:

Provided that if the value of the land has been increased by means of any improvement made (otherwise than at the expense of the State) while the land was reserved for federal purposes, the increase shall not be taken into consideration in determining the market value, rent or premium for the purposes of this Clause.
(3) Where a requirement is made under Clause (1) in respect of any land which, at the date of the requirement, was intended for any State purpose, then if—

(a) other land is acquired by the State for that purpose in substitution for the first-mentioned land; and
(b) the cost of the land so acquired exceeds the amount paid by the Federation (otherwise than as rent) in accordance with Clause (2) in respect of the interest granted to the Federation, the Federation shall pay to the State such sum as may be just in respect of the excess.
(4) Where a further grant is made in pursuance of this Article in respect of land an interest in which is vested in the Federation or any public authority, any sums payable by way of premium under Clause (2) in respect of the further grant shall be reduced by an amount equal to the market value of any improvements made (otherwise than at the expense of the State) since that interest became vested as aforesaid.
(5) The foregoing provisions of this Article (except Clause (3)) shall apply in relation to alienated land as they apply in relation to land not being alienated land, but subject to the following modifications:

(a) in Clause (1), the words “after consultation with the State Government” shall be omitted;
(b) where a requirement is made under that Clause, it shall be the duty of the State Government to cause to be acquired by agreement or compulsorily such interest in the land as may be necessary for complying with the requirement;
(c) any expenses incurred by the State in or in connection with the acquisition of land in accordance with paragraph (b) shall be repaid by the Federation, except that if the acquisition is by agreement the Federation shall not, unless it is party to the agreement, be liable to pay more than it would have paid on a compulsory acquisition;
(d) any sums paid by the Federation to the State in accordance with paragraph (c) shall be taken into consideration in determining for the purposes of Clause (2) the market value, the appropriate quit rent or the just annual rent, and shall be deducted from any premium to be paid by the Federation under that Clause.
(6) Where a grant is made to the Federation in pursuance of Clause (1) in respect of land which, or an interest in which, was acquired by the State Government at the expense of the Government of the Federation of Malaya before Merdeka Day, paragraph (d) of Clause (5) shall apply to the sums paid in respect of the acquisition by the Government of the Federation of Malaya as if they were sums paid by the Federation in accordance with paragraph (c) of Clause (5); and Clause (3) shall not apply to any such land.
(7) Nothing in this Article shall prevent the reservation of land in a State for federal purposes on such terms and conditions as may be agreed between the Federal Government and the Government of the State, or affect the power of the appropriate authority in a State to acquire in accordance with any law for the time being in force any alienated land for federal purposes without a requirement by the Federal Government under this Article.
(8) Nothing in this Article shall prevent the making of a grant of land in a State to the Federation, on such terms and conditions as may be agreed between the Federal Government and the Government of the State, without a requirement by the Federal Government under this Article.

Article 84: (Reversion to States of land held for federal purposes—Repealed)

84. (Repealed).

Article 85: Grant to Federation of land reserved for federal purposes

85. (1) Where any land in a State is reserved for any federal purposes, the Federal Government may require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation a grant of the land in perpetuity without restrictions as to the use of the land, but subject to the payment of a premium to be determined in accordance with Clause (2) and to the payment annually of an appropriate quit rent.

(2) The premium referred to in Clause (1) shall be equal to the market value of the land reduced by—

(a) the market value of any improvements made (otherwise than at the expense of the State) while the land was in use for federal purposes; and
(b) the amount, if any, paid by the Federation, or paid before Merdeka Day by the Government of the Federation of Malaya, in respect of the cost of acquisition of any interest in the land by the State Government.
(3) Without prejudice to Clause (1), where any land in a State is reserved for any federal purposes, the Federal Government may offer to release the land to the State on condition that the State pays to the Federation the market value and the amount mentioned in paragraphs (a) and (b) of Clause (2); and if the State Government accepts the offer the reservation shall cease.
(4) Except as provided by this Article, land in a State which is reserved for federal purposes shall not cease to be so reserved, and all land so reserved shall be controlled and managed by or on behalf of the Federal Government, and the Federal Government may grant any right of occupation, control or management, or a tenancy or lease, of the whole or any part of such land, to any person—

(a) for the use of the land by such person for any duration for the federal purpose for which it is reserved, or for any purpose ancillary or incidental thereto; or
(b) where the Federal Government is unable for any reason to use the land for the time being for the federal purpose for which it is reserved, for its use by such person for any purpose other than a federal purpose, for such duration and on such terms and conditions as the Federal Government may determine.
(5) In this Article the reference to land in a State reserved for federal purposes includes—

(a) any land which was reserved before Merdeka Day in accordance with the provisions of any law then in force in the State for any purpose which has become a federal purpose after Merdeka Day;
(b) any land reserved for any federal purpose after Merdeka Day in accordance with the provisions of any law for the time being in force in a State;
(c) any State land referred to in the repealed Clause (4) of Article 166; and
(d) any land in a State reserved for federal purposes by virtue of Clause (7) of Article 83.

Article 86: Disposition of land vested in the Federation

86. (1) Where any interest in land is vested in the Federation, or in a public authority, for any purpose, the Federation or the public authority may dispose of that interest or any smaller interest in the land to any person as it deems fit.

(2) Where any interest in land in a State is disposed of by or to the Federation or any public authority in pursuance of this Article or of Article 85, it shall be the duty of the Government of that State to register the transaction accordingly.

Article 87: Determination of disputes as to land values

87. (1) Where any dispute arises between the Federal Government and a State Government as to the making of any payment by or to the Federation under the foregoing Articles of this Chapter, or as to the amount of any such payment, the dispute shall be referred, at the instance either of the Federal Government or of the State Government, to the Lands Tribunal appointed in accordance with this Article.

(2) The Lands Tribunal shall consist of—

(a) a chairman, who shall be appointed by the Chief or be qualified to be a judge of the Federal Court, the Justice of the Federal Court and who shall be, or have been, Court of Appeal or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court;
(b) a member who shall be appointed by the Federal Government; and
(c) a member who shall be appointed by the State Government.
(3) The practice and procedure of the Lands Tribunal shall be regulated by rules of court framed by the Rules Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the Federal Court.
(4) An appeal shall lie from the Lands Tribunal to the Federal Court on any question of law.

Article 88: Application of Articles 83 to 87 to States not having a Ruler

88. In their application to any of the States not having a Ruler, Articles 83 to 87 shall have effect—

(a) subject to such adaptations (if any) as Parliament may by law provide, being adaptations required to secure that they apply (as nearly as practicable having regard to differences in the system of land tenure) in the same manner as they apply to other States; and
(b) in the case of the States of Sabah and Sarawak with the omission in paragraph (a) of Clause (5) of Article 83.

Article 89: Malay reservations

89. (1) Any land in a State which immediately before Merdeka Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by an Enactment of the Legislature of that State, being an Enactment—

(a) passed by a majority of the total number of members of the Legislative Assembly and by the votes of not less than two-thirds of the members present and voting; and
(b) approved by resolution of each House of Parliament passed by a majority of the total number of members of that House and by the votes of not less than two-thirds of the members voting.
(1A) Any law made under Clause (1) providing for the forfeiture or reversal to the State Authority, or for the deprivation, of the ownership of any Malay reservation, or of any right or interest therein, on account of any person, or any corporation, company or other body (whether corporate or unincorporate) holding the same ceasing to be qualified or competent under the relevant law relating to Malay reservations to hold the same, shall not be invalid on the ground of inconsistency with Article 13.
(2) Any land in a State which is not for the time being a Malay reservation in accordance with the existing law and has not been developed or cultivated may be declared as a Malay reservation in accordance with that law:

Provided that—

(a) where any land in a State is declared a Malay reservation under this Clause, an equal area of land in that State which has not been developed or cultivated shall be made available for general alienation; and
(b) the total area of land in a State for the time being declared as a Malay reservation under this Clause shall not at any time exceed the total area of land in that State which has been made available for general alienation in pursuance of paragraph (a).
(3) Subject to Clause (4), the Government of any State may, in accordance with the existing law, declare as a Malay reservation—

(a) any land acquired by that Government by agreement for that purpose;
(b) on the application of the proprietor, and with the consent of every person having a right or interest therein, any other land,
and shall, in accordance with the existing law, immediately declare as a Malay reservation, in a case where any land ceases to be a Malay reservation, any other land of a similar character and of an area not exceeding the area of that land.
(4) Nothing in this Article shall authorize the declaration as a Malay reservation of any land which at the time of the declaration is owned or occupied by a person who is not a Malay or in or over which such a person has then any right or interest.
(5) Without prejudice to Clause (3), the Government of any State may, in accordance with law, acquire land for the settlement of Malays or other communities, and establish trusts for that purpose.
(6) In this Article “Malay reservation” means land reserved for alienation to Malays or to natives of the State in which it lies; and “Malay” includes any person who, under the law of the State in which he is resident, is treated as a Malay for the purposes of the reservation of land.
(7) Subject to Article 161a, this Article shall have effect notwithstanding any other provision of this Constitution; but (without prejudice to any such other provision) no land shall be retained or declared as a Malay reservation except as provided by this Article and Article 90.
(8) The provisions of this Article shall apply to the Federal Territories of Kuala Lumpur and Putrajaya in the like manner that they apply to a State, save that Clause (1) in its application to the Federal Territories of Kuala Lumpur and Purtrajaya shall be modified to read that any land in the Federal Territory of Kuala Lumpur or the Federal Territory of Putrajaya which immediately before Merdeka Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by an Act of Parliament passed by a majority of the total number of members of each House of Parliament and by the votes of not less than two-thirds of the members present and voting in each House.

Article 90: Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu

90. (1) Nothing in this Constitution shall affect the validity of any restrictions imposed by law on the transfer or lease of customary land in the State of Negeri Sembilan or the State of Malacca, or of any interest in such land.

(1A) For the purpose of Clause (1)—

(a) “transfer” includes any charge, transmission or vesting, or creation of any lien or trust, or entry of any caveat, or any other form of dealing or disposal of whatever description or nature; and
(b) “lease” includes any tenancy of whatever form or duration.
(2) Notwithstanding anything in this Constitution, the existing law in the State of Terengganu with respect to Malay holdings shall continue in force until otherwise provided by an Enactment of the Legislature of that State passed and approved as described in Clause (1) of Article 89.
(3) Any such Enactment of the Legislature of the State of Terengganu may make provision for Malay reservations corresponding with the existing law in force in any other State of a Ruler; and in that event the said Article 89 shall have effect in relation to Terengganu subject to the following modifications, that is to say:

(a) in Clause (1), for the reference to land which immediately before Merdeka Day was a Malay reservation in accordance with the existing law, there shall be substituted a reference to land which, immediately before the passing of the said Enactment, was a Malay holding; and
(b) subject as aforesaid, any reference to the existing law shall be construed as a reference to the said Enactment.

Article 91: National Land Council

91. (1) There shall be a National Land Council consisting of a Minister as chairman, one representative from each of the States, who shall be appointed by the Ruler or Yang di-Pertua Negeri, and such number of representatives of the Federal Government as that Government may appoint but, subject to Clause (5) of Article 95E, the number of representatives of the Federal Government shall not exceed ten.

(2) The chairman may vote on any question before the National Land Council but shall not have a casting vote.
(3) The National Land Council shall be summoned to meet by the chairman as often as he considers necessary but there shall be at least one meeting in every year.
(4) If the chairman or a representative of a State or of the Federal Government is unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting.
(5) It shall be the duty of the National Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the National Finance Council a national policy for the promotion and control of the utilization of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.
(6) The Federal Government or the Government of any State may consult the National Land Council in respect of any other matter relating to the utilization of land or in respect of any proposed legislation dealing with land or of the administration of any such law, and it shall be the duty of the National Land Council to advise that Government on any such matters.

Chapter 5—National development

Article 92: National development plan

92. (1) If, after a recommendation from an expert committee and after consultation with the National Finance Council, the National Land Council and the Government of any State concerned, the Yang di-Pertuan Agong is satisfied that it is conducive to the national interest that a development plan be put into operation in any area or areas in one or more of the States, the Yang di-Pertuan Agong may, after publishing the plan, proclaim the area or areas as a development area; and thereupon Parliament shall have power to give effect to the development plan or any part thereof, notwithstanding that any of the matters to which the plan relates are matters with respect to which, apart from this Article, only States would have power to make laws.

(2) Any Act passed in pursuance of this Article shall recite that it has been so passed and that the provisions of Clause (1) have been complied with; and Article 79 shall not apply to any Bill for such an Act or any amendment to such a Bill.
(3) In this Article, “development plan” means a plan for the development, improvement, or conservation of the natural resources of a development area, the exploitation of such resources, or the increase of means of employment in the area.
(4) Without prejudice to their power under any other Article to require any interest in land to be acquired or granted for federal purposes, the Federal Government may from time to time require the reservation for the purposes of a development plan, to such extent as they may specify, of any land in a development area which is not occupied by private persons; but any diminution, in consequence of the reservation, of the annual revenue received by a State shall be made good to the State by the Federation.
(5) All income received by the Federation through the operation of a development plan shall, subject to Clause (6), be applied—

(a) in the first instance, for the provision of capital and the meeting of working expenses for the development plan;
(b) in the second instance, for the repayment to the Federation of any expenditure, including expenditure under Clause (4), incurred by the Federation in operating the plan; and
(c) as to the balance, for payments to the State in which the development area is situated or, if it is situated in two or more States, to those States in such proportions as the Federal Government may determine.
(6) If it is agreed between the Federal Government and the Government of any State which includes the whole or any part of the development area that any expenditure incurred in operating the development plan is to be met by the State, any expenditure so met shall be repaid to the State and the repayment shall rank pari passu with the repayment to the Federation of any expenditure incurred by the Federation.
(7) Parliament may repeal or amend any Act passed in pursuance of this Article, and for that purpose may make such incidental and consequential provisions as it may consider necessary.
(8) Nothing in this Article shall affect the power of Parliament or of the Legislature of any State—

(a) to impose such taxes or rates as it is authorized to impose under any other provision of this Constitution; or
(b) to make from the Federal Consolidated Fund or the State Consolidated Fund, as the case may be, grants not repayable under Clause (5) or (6),
except that where, in pursuance of Clause (1), a rate is imposed on any property by federal law which, but for this Article, might have been imposed by State law, no rate of the same kind shall be imposed by State law for any period for which the rate imposed by federal law is payable.

Chapter 6—Federal surveys, advice to States and inspection of State activities

Article 93: Inquiries, surveys and statistics

93. (1) The Federal Government may conduct such inquiries (whether by Commission or otherwise), authorize such surveys and collect and publish such statistics as it thinks fit, notwithstanding that such inquiries, surveys and collection and publication of statistics relate to a matter with regard to which the Legislature of a State may make laws.

(2) It shall be the duty of the Government of a State, and of all officers and authorities thereof, to assist the Federal Government in the execution of its powers under this Article; and for this purpose the Federal Government may give such directions as it may deem necessary.

Article 94: Federal powers in respect of State subjects

94. (1) The executive authority of the Federation extends to the conduct of research, the provision and maintenance of experimental and demonstration stations, the giving of advice and technical assistance to the Government of any State, and the provision of education, publicity, and demonstration for the inhabitants of any State, in respect of any of the matters with respect to which the Legislature of a State may make laws; and the agricultural and forestry officers of any State shall accept any professional advice given to the Government of that State under this Clause.

(2) Notwithstanding anything in this Constitution, the existing Departments of Agriculture, Commissioner of Lands, Forestry and Social Welfare may continue to exercise the functions exercised by them immediately before Merdeka Day.
(3) Nothing in this Constitution shall prevent the Federal Government from establishing Ministries or Departments of Government to exercise the functions of the Federal Government under Article 93 and this Article in relation to matters within the legislative authority of a State, and such matters may include soil conservation, local government and town and country planning.

Article 95: Inspection of State activities

95. (1) Subject to Clause (3), in exercising the executive authority of the Federation any officer authorized by the Federal Government may inspect any department or work of a State Government with a view to making a report thereon to the Federal Government.

(2) A report made under this Article shall, if the Federal Government so direct, be communicated to the State Government and laid before the Legislative Assembly of the State.
(3) This Article does not authorize the inspection of any department or work dealing only with or carried on only with respect to matters within the exclusive legislative authority of a State.

Chapter 7—National Council for Local Government

Article 95A: National Council for Local Government

95A. (1) There shall be a National Council for Local Government consisting of a Minister as Chairman, one representative from each of the States, who shall be appointed by the Ruler or Yang di-Pertua Negeri, and such number of representatives of the Federal Government as that Government may appoint but, subject to Clause (5) of Article 95E, the number of representatives of the Federal Government shall not exceed ten.

(2) The Chairman may vote on any question before the National Council for Local Government and shall have a casting vote.
(3) The National Council for Local Government shall be summoned to meet by the Chairman as often as he considers necessary but there shall be at least one meeting in every year.
(4) If the Chairman or a representative of a State or of the Federal Government is unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting.
(5) It shall be the duty of the National Council for Local Government to formulate from time to time in consultation with the Federal Government and the State Governments a national policy for the promotion, development and control of local government throughout the Federation and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.
(6) It shall also be the duty of the Federal Government and the Government of any State to consult the National Council for Local Government in respect of any proposed legislation dealing with local government, and it shall be the duty of the National Council for Local Government to advise those Governments on any such matter.
(7) The Federal Government or the Government of any State may consult the National Council for Local Government in respect of any other matter relating to local government, and it shall be the duty of the National Council for Local Government to advise that Government on any such matter.

Chapter 8—Application to States of Sabah and Sarawak

Article 95B: Modifications for States of Sabah and Sarawak of distribution of legislative powers

95B. (1) In the case of the States of Sabah and Sarawak—

(a) the supplement to List II set out in the Ninth Schedule shall be deemed to form part of the State List, and the matters enumerated therein shall be deemed not to be included in the Federal List or Concurrent List; and
(b) the supplement to List III set out in the Ninth Schedule shall, subject to the State List, be deemed to form part of the Concurrent List, and the matters enumerated therein shall be deemed not to be included in the Federal List (but not so as to affect the construction of the State List, where it refers to the Federal List).
(2) Where by virtue of Clause (1) an item is included in the Concurrent List for a State for a period only, the expiration or termination of that period shall not affect the continued operation of any State law passed by virtue of the item, save as provided by federal or State law.
(3) The Legislature of the State of Sabah or Sarawak may also make laws for imposing sales taxes, and any sales tax imposed by State law in the State of Sabah or Sarawak shall be deemed to be among the matters enumerated in the State List and not in the Federal List; but—

(a) there shall not in the charging or administration of a State sales tax be any discrimination between goods of the same description according to the place in which they originate; and
(b) the charge for any federal sales tax shall be met out of sums collected from a person liable for that tax before the charge for a State sales tax.

Article 95C: Power by order to extend legislative or executive powers of States

95C. (1) Subject to the provisions of any Act of Parliament passed after Malaysia Day, the Yang di-Pertuan Agong may by order make as respects any State any such provision as may be made by Act of Parliament—

(a) for authorizing the Legislature of the State to make laws as mentioned in Article 76A; or
(b) for extending the executive authority of the State, and the powers or duties of any authority of the State, as mentioned in Clause (4) of Article 80.
(2) An order made by virtue of paragraph (a) of Clause (1) shall not authorize the Legislature of a State to amend or repeal an Act of Parliament passed after Malaysia Day, unless the Act so provides.
(3) Clause (3) of Article 76a and Clause (6) of Article 80 shall apply in relation to an order under paragraph (a) and paragraph (b) respectively of Clause (1) of this Article as they apply in relation to an Act of Parliament.
(4) Where an order under this Article is revoked by a later order, the later order may include provision for continuing in force (generally or to such extent or for such purposes as the order may specify) any State law passed by virtue of the earlier order or any subsidiary legislation made or thing done under any such State law, and from the coming into operation of the later order any State law thereby continued in force shall have effect as federal law:

Provided that no provision shall be continued in force by virtue of this Clause if or in so far as it could not have been made by Act of Parliament.
(5) Any order of the Yang di-Pertuan Agong under this Article shall be laid before each House of Parliament.

Article 95D: Exclusion for States of Sabah and Sarawak of Parliament’s power to pass uniform laws about land or local government

95D. In relation to the State of Sabah or Sarawak, Clause (4) of Article 76 shall not apply, nor shall paragraph (b) of Clause (1) of that Article enable Parliament to make laws with respect to any of the matters mentioned in Clause (4) of that Article.

Article 95E: Exclusion of States of Sabah and Sarawak from national plans for land utilization, local government, development, etc.

95E. (1) In relation to the State of Sabah or Sarawak, Articles 91, 92, 94 and 95A shall have effect subject to the following Clauses.

(2) Subject to Clause (5), under Article 91 and under Article 95A the State Government shall not be required to follow the policy formulated by the National Land Council or by the National Council for Local Government, as the case may be, but the representative of the State shall not be entitled to vote on questions before the Council.
(3) Under Article 92 no area in the State shall be proclaimed a development area for the purposes of any development plan without the concurrence of the Yang di-Pertua Negeri.
(4) Under Clause (1) of Article 94 (under which in respect of matters in the State List the Federation may conduct research, give advice and technical assistance, etc.) the agricultural and forestry officers of the State of Sabah or Sarawak shall consider, but shall not be required to accept, professional advice given to the Government of the State.
(5) Clause (2) shall cease to apply to a State—

(a) as regards Article 91, if Parliament so provides with the concurrence of the Yang di-Pertua Negeri; and
(b) as regards Article 95A, if Parliament so provides with the concurrence of the Legislative Assembly,
but for each representative of the State of Sabah or Sarawak becoming entitled, by virtue of this Clause, to vote on questions before the National Land Council or National Council for Local Government, one shall be added to the maximum number of representatives of the Federal Government on that Council.

PART VII
FINANCIAL PROVISIONS

Chapter 1—General

Article 96: No taxation unless authorized by law

96. No tax or rate shall be levied by or for the purposes of the Federation except by or under the authority of federal law.

Article 97: Consolidated Funds

97. (1) All revenues and moneys howsoever raised or received by the Federation shall, subject to the provisions of this Constitution and of federal law, be paid into and form one fund, to be known as the Federal Consolidated Fund.

(2) All revenues and moneys howsoever raised or received by a State shall, subject to Clause (3) and to any law, be paid into and form one fund, to be known as the Consolidated Fund of that State.
(3) If in accordance with State law or in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, in accordance with federal law any Zakat, Fitrah, Baitulmal, or similar Islamic religious revenue is raised, it shall be paid into a separate fund and shall not be paid out except under the authority of State law or federal law, as the case may be.
(4) Unless the context otherwise requires, any reference in this Constitution to the Consolidated Fund shall be construed as a reference to the Federal Consolidated Fund.

Article 98: Expenditure charged on Federal Consolidated Fund

98. (1) There shall be charged on the Consolidated Fund, in addition to any grant, remuneration or other moneys so charged by any other Article or federal law—

(a) all pensions, compensation for loss of office and gratuities for which the Federation is liable;
(b) all debt charges for which the Federation is liable; and
(c) any moneys required to satisfy any judgment, decision or award against the Federation by any court or tribunal.
(2) In making payment of any grant to a State in accordance with the provisions of this Part, the Federation may deduct the amount of any debt charges payable to the Federation by the State and charged on the Consolidated Fund of that State.
(3) For the purposes of this Article debt charges include interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Article 99: Annual financial statement

99. (1) The Yang di-Pertuan Agong shall, in respect of every financial year, cause to be laid before the House of Representatives a statement of the estimated receipts and expenditure of the Federation for that year, and, unless Parliament in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year:

Provided that there may be separate statements of estimated receipts and estimated expenditure, and in that case it shall not be necessary for the statement of receipts to be so laid before the commencement of the year to which it relates.
(2) The estimates of expenditure shall show—

(a) the total sums required to meet expenditure charged on the Consolidated Fund; and
(b) subject to Clause (3), the sums required to meet the expenditure for other purposes proposed to be met from the Consolidated Fund.
(3) The sums to be shown under paragraph (b) of Clause (2) do not include—

(a) sums representing the proceeds of any loan raised by the Federation for specific purposes and appropriated for those purposes by the Act authorizing the raising of the loan;
(b) sums representing any money or interest on money received by the Federation subject to a trust and to be applied in accordance with the terms of the trust;
(c) sums representing any money held by the Federation which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal law.
(4) The said statement shall also show, so far as is practicable, the assets and liabilities of the Federation at the end of the last completed financial year, the manner in which those assets are invested or held, and the general purposes in respect of which those liabilities are outstanding.

Article 100: Supply Bills

100. The expenditure to be met from the Consolidated Fund but not charged thereon, other than expenditure to be met by such sums as are mentioned in Clause (3) of Article 99, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Article 101: Supplementary and excess expenditure

101. If in respect of any financial year it is found—

(a) that the amount appropriated by the Supply Act for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Act; or
(b) that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the Supply Act, a supplementary estimate showing the sums required or spent shall be laid before the House of Representatives and the purposes of any such expenditure shall be included in a Supply Bill.

Article 102: Power to authorize expenditure on account or for unspecified purposes

102. Parliament shall have power in respect of any financial year—

(a) before the passing of the Supply Bill, to authorize by law expenditure for part of the year;
(b) to authorize by law expenditure for the whole or part of the year otherwise than in accordance with Articles 99 to 101, if owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency it appears to Parliament to be desirable to do so.

Article 103: Contingencies Fund

103. (1) Parliament may by law provide for the creation of a Contingencies Fund and for authorizing the Minister charged with responsibility for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Contingencies Fund to meet that need.

(2) Where any advance is made in accordance with Clause (1), a supplementary estimate shall be presented and a Supply Bill introduced as soon as possible for the purpose of replacing the amount so advanced.

Article 104: Withdrawals from Consolidated Fund

104. (1) Subject to Clause (2), no moneys shall be withdrawn from the Consolidated Fund unless they are—

(a) charged on the Consolidated Fund; or
(b) authorized to be issued by a Supply Act; or
(c) authorized to be issued under Article 102.
(2) Clause (1) does not apply to any such sums as are mentioned in Clause (3) of Article 99.
(3) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.

Article 105: Auditor General

105. (1) There shall be an Auditor General, who shall be appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister and after consultation with the Conference of Rulers.

(2) A person who has held the office of Auditor General shall be eligible for reappointment but shall not be eligible for any other appointment in the service of the Federation or for any appointment in the service of a State.
(3) The Auditor General may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
(4) Parliament shall by law provide for the remuneration of the Auditor General, and the remuneration so provided shall be charged on the Consolidated Fund.
(5) The remuneration and other terms of office (including pension rights) of the Auditor General shall not be altered to his disadvantage after his appointment.
(6) Subject to the provisions of this Article, the terms and conditions of service of the Auditor General shall be determined by federal law and, subject to the provisions of federal law, by the Yang di-Pertuan Agong.

Article 106: Powers and duties of Auditor General

106. (1) The accounts of the Federation and of the States shall be audited and reported on by the Auditor General.

(2) The Auditor General shall perform such other duties and exercise such powers in relation to the accounts of the Federation and of the States and to the accounts of other public authorities and of those bodies which are specified by order made by the Yang di-Pertuan Agong, as may be provided by federal law.

Article 107: Reports of Auditor General

107. (1) The Auditor General shall submit his reports to the Yang di-Pertuan Agong, who shall cause them to be laid before the House of Representatives.

(2) A copy of any such report relating to the accounts of a State, or to the accounts of any public authority exercising powers conferred by State law, shall be submitted to the Ruler or Yang di-Pertua Negeri of that State, who shall cause it to be laid before the Legislative Assembly.

Article 108: National Finance Council

108. (1) There shall be a National Finance Council consisting of the Prime Minister, such other Ministers as the Prime Minister may designate, and one representative from each of the States, appointed by the Ruler or Yang di-Pertua Negeri.

(2) The National Finance Council shall be summoned to meet by the Prime Minister as often as he considers necessary and whenever the representatives of three or more States demand a meeting, but there shall be at least one meeting in every twelve months.
(3) At any meeting of the National Finance Council the Prime Minister may be represented by another Minister of the Federation, and the Prime Minister or, if he is not present, the Minister representing him, shall preside.
(4) It shall be the duty of the Federal Government to consult the National Finance Council in respect of—

(a) the making of grants by the Federation to the States;
(b) the assignment to the States of the whole or any portion of the proceeds of any federal tax or fee;
(c) the annual loan requirements of the Federation and the States and the exercise by the Federation and the States of their borrowing powers;
(d) the making of loans to any of the States;
(e) the making of development plans in accordance with Article 92;
(f) the matters referred to in Item 7(f) and (g) of the Federal List;
(g) any proposal to introduce a Bill for such a law as is mentioned in Clause (2) of Article 109 or Clause (3) or (3A) of Article 110;
(h) any other matter in respect of which this Constitution or federal law makes provision for consultation with the National Finance Council.
(5) The Federal Government may consult the National Finance Council in respect of any other matter, whether or not it involves questions of finance, and the government of a State may consult the said Council in respect of any matter which affects the financial position of that State.

Article 109: Grants to States

109. (1) The Federation shall make to each State in respect of each financial year—

(a) a grant, to be known as a capitation grant, which shall be calculated in accordance with the provisions of Part I of the Tenth Schedule;
(b) a grant for the maintenance of State roads, to be known as the State road grant, which shall be calculated in accordance with the provisions of Part II of that Schedule.
(2) Parliament may from time to time by law vary the rates of the capitation grant; but if the effect of any such law is to reduce the grant, provision shall be made in that law for securing that the amount of grant received by any State in respect of any financial year is not less than ninety per cent of the amount received by that State in the preceding financial year.
(3) Parliament may by law make grants for specific purposes to any of the States on such terms and conditions as may be provided by any such law.
(4) The amounts required for making the grants mentioned in the preceding provisions of this Article shall be charged on the Consolidated Fund.
(5) If, in accordance with Article 103, a Contingencies Fund is created, the power to make advances from that Fund for meeting an urgent and unforeseen need for expenditure shall include power to make such advances to a State for meeting such a need.
(6) The Federation shall pay into a fund, to be known as the State Reserve Fund—

(a) (Repealed);
(b) in respect of every financial year such sum as the Federal Government may, after consultation with the National Finance Council, determine to be necessary, and the Federation may from time to time, after consultation with the National Finance Council, make grants out of the State Reserve Fund to any State for the purposes of development or generally to supplement its revenues.

Article 110: Assignment of taxes and fees to the States

110. (1) Subject to Clause (2), each of the States shall receive all proceeds from the taxes, fees and other sources of revenue specified in Part III of the Tenth Schedule so far as collected, levied or raised within the State.

(2) Parliament may from time to time by law substitute for any source of revenue specified in section 1, 3, 4, 5, 6, 7, 8, 12 or 14 of Part III of the Tenth Schedule or for any source of revenue so substituted, another source of revenue of substantially equal value.
(3) Each State shall receive, on such terms and conditions as may be provided by or under federal law, ten per cent or such greater amount as may be so provided of the export duty on tin produced in the State.
(3A) Parliament may by law provide that each State shall receive, on such terms and conditions as may be prescribed by or under federal law, such proportion as may be so prescribed of the export duty on minerals (other than tin) produced in the State.

In this Article “minerals” means mineral ores, metal and mineral oils.
(3B) Without prejudice to the power to impose conditions conferred by Clause (3) or (3A), Parliament may by law provide for prohibiting or restricting, in, or except in, such cases as may be provided by or under the law, the levying of royalties on or similar charges in respect of minerals (whether under a lease or other instrument or under any State enactment, and whether the instrument was made or the enactment passed before or after the coming into operation of this Clause).
(4) Without prejudice to the provisions of Clauses (1) to (3A), Parliament may by law—

(a) assign to the States the whole or any portion of the proceeds of any tax or fee raised or levied by the Federation; and
(b) assign to the States the responsibility of collecting for State purposes any tax or fee authorized by federal law.
(5) The amounts receivable by the States under Clause (1), (2) or (4) shall not be paid into the Consolidated Fund; and the amounts receivable by the States under Clauses (3) and (3A) shall be charged on the Consolidated Fund.

Article 111: Restriction on borrowing

111. (1) The Federation shall not borrow except under the authority of federal law.

(2) A State shall not borrow except under the authority of State law, and State law shall not authorize a State to borrow except from the Federation or, for a period not exceeding five years, from a bank or other financial source approved for that purpose by the Federal Government, and subject to such conditions as may be specified by the Federal Government.
(3) A State shall not give any guarantee except under the authority of State law, and such guarantee shall not be given except with the approval of the Federal Government and subject to such conditions as may be specified by it.

Article 112: Restriction on alterations in establishments of States

112. (1) Subject to Clause (2), no State shall, without the approval of the Federation, make any addition to its establishment or the establishment of any of its departments, or alter the rates of established salaries and emoluments, if the effect of doing so would be to increase the liability of the Federation in respect of pensions, gratuities or other like allowances.

(2) This Article does not apply to—

(a) non-pensionable appointments the maximum salaries of which do not exceed four hundred ringgit per month or such other amount as may be fixed by order by the Yang di-Pertuan Agong; or
(b) pensionable appointments the maximum salaries of which do not exceed one hundred ringgit per month or such other amount as may be fixed by order by the Yang di-Pertuan Agong.

Chapter 2—Application to States of Sabah and Sarawak

Article 112A: State audits in States of Sabah and Sarawak

112A. (1) The Auditor General shall submit his reports relating to the accounts of each of the States of Sabah and Sarawak, or to the accounts of any public authority exercising powers vested in it by the State law in either of those States, to the Yang di-Pertuan Agong (who shall cause them to be laid before the House of Representatives) and to the Yang di-Pertua Negeri of the State; and accordingly Clause (2) of Article 107 shall not apply to those reports.

(2) The Yang di-Pertua Negeri shall cause any such report submitted to him to be laid before the Legislative Assembly.
(3) The powers and duties of the Auditor General in relation to the accounts mentioned in Clause (1) for any period ending before the year 1969 shall, in the State of Sabah or Sarawak, be exercised and discharged on his behalf by the senior officer of his department for the time being stationed in the State in question:

Provided that during the absence or incapacity of that officer, or a vacancy in his post, those powers and duties shall be exercised and discharged by the Auditor General or such officer of his department as he may designate.

Article 112B: Borrowing powers of States of Sabah and Sarawak

112B. Clause (2) of Article 111 shall not restrict the power of the State of Sabah or Sarawak to borrow under the authority of State law within the State, if the borrowing has the approval of the Central Bank for the time being of the Federation.

Article 112C: Special grants and assignments of revenue to States of Sabah and Sarawak

112C. (1) Subject to the provisions of Article 112D and to any limitation expressed in the relevant section of the Tenth Schedule—

(a) the Federation shall make to the States of Sabah and Sarawak in respect of each financial year the grants specified in Part IV of that Schedule; and
(b) each of those States shall receive all proceeds from the taxes, fees and dues specified in Part V of that Schedule, so far as collected, levied or raised within the State, or such part of those proceeds as is so specified.
(2) The amounts required for making the grants specified in the said Part IV, and the amounts receivable by the State of Sabah or Sarawak under section 3 or 4 of the said Part V, shall be charged on the Consolidated Fund; and the amounts otherwise receivable by the State of Sabah or Sarawak under the said Part V shall not be paid into the Consolidated Fund.
(3) In Article 110, Clauses (3A) and (4) shall not apply to the State of Sabah or Sarawak.
(4) Subject to Clause (5) of Article 112D, in relation to the State of Sabah or Sarawak Clause (3B) of Article 110—

(a) shall apply in relation to all minerals, including mineral oils; but
(b) shall not authorize Parliament to prohibit the levying of royalties on any mineral by the State or to restrict the royalties that may be so levied in any case so that the State is not entitled to receive a royalty amounting to ten per cent ad valorem (calculated as for export duty).

Article 112D: Reviews of special grants to States of Sabah and Sarawak

112D. (1) The grants specified in section 1 and subsection (1) of section 2 of Part IV of the Tenth Schedule, and any substituted or additional grant made by virtue of this Clause, shall at the intervals mentioned in Clause (4) be reviewed by the Governments of the Federation and the States or State concerned, and if they agree on the alteration or abolition of any of those grants, or the making of another grant instead of or as well as those grants or any of them, the said Part IV and Clause (2) of Article 112C shall be modified by order of the Yang di-Pertuan Agong as may be necessary to give effect to the agreement:

Provided that on the first review the grant specified in subsection (2) of section 1 of the said Part IV shall not be brought into question except for the purpose of fixing the amounts for the ensuing five years.
(2) Any review under this Article shall take into account the financial position of the Federal Government, as well as the needs of the States or State concerned, but (subject to that) shall endeavour to ensure that the State revenue is adequate to meet the cost of State services as they exist at the time of the review, with such provision for their expansion as appears reasonable.
(3) The period for which provision is to be made on a review shall be a period of five years or (except in the case of the first review) such longer period as may be agreed between the Federation and the States or State concerned; but any order under Clause (1) giving effect to the results of a review shall continue in force after the end of that period, except in so far as it is superseded by a further order under that Clause.
(4) A review under this Article shall not take place earlier than is reasonably necessary to secure that effect can be given to the results of the review from the end of the year 1968 or, in the case of a second or subsequent review, from the end of the period provided for by the preceding review; but, subject to that, reviews shall be held as regards both the States of Sabah and Sarawak for periods beginning with the year 1969 and with the year 1974, and thereafter as regards either of them at such time (during or after the period provided for on the preceding review) as the Government of the Federation or of the State may require.
(5) If on the occasion of any review under this Article the Government of the Federation gives notice to the States or State concerned of their intention to vary any of the assignments of revenue under Part V of the Tenth Schedule (including any substituted or additional assignment made by virtue of this Clause), or to vary Clause (4) of Article 112C, the review shall take the variation into account, and provision shall be made by order of the Yang di-Pertuan Agong so as to give effect to the variation from the beginning of the period provided for on the review:

Provided that this Clause shall not apply to the assignments under sections 4, 7 and 8, and shall not apply to that under section 5 or 6 until the second review.
(6) If on any review the Federal Government and the Government of a State are unable to reach agreement on any matter, it shall be referred to an independent assessor, and his recommendations thereon shall be binding on the governments concerned and shall be given effect as if they were the agreement of those governments.
(7) Clause (4) of Article 108 shall not apply to require the Federal Government to consult the National Finance Council in respect of matters arising under this Article.
(8) Any order of the Yang di-Pertuan Agong under this Article shall be laid before each House of Parliament.

Article 112E: (Financial arrangements with Singapore—Repealed)

112E. (Repealed).

PART VIII
ELECTIONS

Article 113: Conduct of elections

113. (1) There shall be an Election Commission, to be constituted in accordance with Article 114, which, subject to the provisions of federal law, shall conduct elections to the House of Representatives and the Legislative Assemblies of the States and prepare and revise electoral rolls for such elections.

(2) (i) Subject to paragraph (ii), the Election Commission shall, from time to time, as they deem necessary, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives.

(ii) There shall be an interval of not less than eight years between the date of completion of one review, and the date of commencement of the next review, under this Clause.
(iii) A review under paragraph (i) shall be completed within a period of not more than two years from the date of its commencement.
(3) If the Election Commission are of opinion that in consequence of a law made under Article 2 it is necessary to undertake the reviews mentioned in Clause (2), they shall do so, whether or not eight years have elapsed since the last review under that Clause.
(3A) (i) Where the number of elected members of the House of Representatives is altered in consequence of any amendment to Article 46, or the number of elected members of the Legislative Assembly of a State is altered in consequence of a law enacted by the Legislature of a State, the Election Commission shall, subject to Clause (3B), undertake a review of the division into federal or State constituencies, as the case may be, of the area which is affected by the alteration, and such review shall be completed within a period of not more than two years from the date of the coming into force of the law making the alteration.

(ii) A review under paragraph (i) shall not affect the interval provided under paragraph (ii) of Clause (2) in respect of a review under paragraph (i) of that Clause.
(iii) The provisions of the Thirteenth Schedule shall apply to a review under this Clause, but subject to such modifications as may be considered necessary by the Election Commission.
(3B) Where an amendment to Article 46 or a law enacted by the Legislative Assembly of a State referred to in paragraph (i) of Clause (3A) comes into force after the lapse of eight years from the date of completion of the last review under Clause (2) and the Election Commission are of the opinion that it is necessary to undertake a review under Clause (2), the Election Commission shall not undertake a review under paragraph (i) of Clause (3A) but shall instead undertake a review under Clause (2) and in conducting such review shall take into account any area which is affected in consequence of the amendment or the law referred to in paragraph (i) of Clause (3A).
(4) Federal or State law may authorize the Election Commission to conduct elections other than those referred to in Clause (1).
(5) So far as may be necessary for the purposes of its functions under this Article the Election Commission may make rules, but any such rules shall have effect subject to the provisions of federal law.
(6) There shall be separate reviews under Clause (2) for the States of Malaya and for each of the States of Sabah and Sarawak, and for the purposes of this Part the expression “unit of review” shall mean, for federal constituencies, the area under review and, for State constituencies, the State, and the expression “States of Malaya” shall include the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
(7) Subject to Clause (3), the period for the first reviews under Clause (2) for any unit of review shall be calculated from the first delimitation of constituencies for that unit under this Constitution or under the Malaysia Act [Act 26 of 1963].
(8) Notwithstanding Clause (7) of this Article the period for reviews under Clause (2) for the unit of review of the States of Malaya undertaken after the passing of the Constitution (Amendment) (No. 2) Act 1973 shall be calculated from the first delimitation of constituencies for that unit immediately following the passing of that Act.
(9) The date of the commencement of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of the publication in the Gazette of the notice referred to in section 4 of the Thirteenth Schedule.
(10) The date of the completion of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of the submission of the report to the Prime Minister under section 8 of the Thirteenth Schedule, and a notice of such date shall be published by the Election Commission in the Gazette.

Article 114: Constitution of Election Commission

114. (1) The Election Commission shall be appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, and shall consist of a chairman, a deputy chairman and five other members.

(2) In appointing members of the Election Commission the Yang di-Pertuan Agong shall have regard to the importance of securing an Election Commission which enjoys public confidence.
(3) A member of the Election Commission shall cease to hold office on attaining the age of sixty-six years or on becoming disqualified under Clause (4) and may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
(4) Notwithstanding anything in Clause (3), the Yang di-Pertuan Agong shall by order remove from office any member of the Election Commission if such member—

(a) is an undischarged bankrupt; or
(b) engages in any paid office or employment outside the duties of his office; or
(c) is a member of either House of Parliament or of the Legislative Assembly of a State.
(4A) In addition to any disqualification provided under Clause (4), the chairman of the Election Commission shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
(5) Parliament shall by law provide for the remuneration of members of the Election Commission, and the remuneration so provided shall be charged on the Consolidated Fund.
(5A) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of members of the Election Commission other than their remuneration.
(6) The remuneration and other terms of office of a member of the Election Commission shall not be altered to his disadvantage after his appointment.
(7) Where, during any period, the chairman of the Election Commission has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the deputy chairman shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the Election Commission may be appointed by the Yang di-Pertuan Agong to discharge the functions of the chairman during that period.

Article 115: Assistance to Election Commission

115. (1) The Election Commission may employ such number of persons, on such terms and subject to such conditions, as the Commission may with the approval of the Yang di-Pertuan Agong determine.

(2) All public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be practicable; and in exercising its functions of making recommendations for the delimitation of constituencies for the elections mentioned in Clause (1) of Article 113 the Commission shall seek the advice of two officers of the Federal Government with special knowledge of the topography of, and the distribution of the population in, the unit of review for federal elections, and those officers shall be selected for that purpose by the Yang di-Pertuan Agong.

Article 116: Federal constituencies

116. (1) For the election of members to the House of Representatives a unit of review shall be divided into constituencies in accordance with the provisions contained in the Thirteenth Schedule.

(2) The total number of constituencies shall be equal to the number of members, so that one member shall be elected for each constituency, and of that total in the States of Malaya a number determined in accordance with the provisions contained in Article 46 and the Thirteenth Schedule shall be allocated to each State.
(3) (Repealed).
(4) (Repealed).
(5) (Repealed).

Article 117: State constituencies

117. For the election of members to the Legislative Assembly of a State the State shall be divided into as many constituencies as there are elected members, so that one member shall be elected for each constituency; and the division shall be made in accordance with the provisions contained in the Thirteenth Schedule.

Article 118: Method of challenging election

118. No election to the House of Representatives or to the Legislative Assembly of a State shall be called in question except by an election petition presented to the High Court having jurisdiction where the election was held.

Article 118A: Method of questioning election petition of no return

118A. A petition complaining of no return to the House of Representatives or the Legislative Assembly shall be deemed to be an election petition and the High Court may make such order thereon as it may think fit for compelling a return to be made, but the failure to make a return within any period specified by Article 54 or 55 or by the corresponding provision of the Constitution of any State, as the case may be, shall not be a ground for declaring that a member has not been duly elected.

Article 119: Qualifications of electors

119. (1) Every citizen who—

(a) has attained the age of twenty-one years on the qualifying date;
(b) is resident in a constituency on such qualifying date or, if not so resident, is an absent voter; and
(c) is, under the provisions of any law relating to elections, registered in the electoral roll as an elector in the constituency in which he resides on the qualifying date,
is entitled to vote in that constituency in any election to the House of Representatives or the Legislative Assembly unless he is disqualified under Clause (3) or under any law relating to offences committed in connection with elections; but no person shall in the same election vote in more than one constituency.
(2) If a person is in a constituency by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purposes of Clause (1) be deemed not to be resident in that constituency.
(3) A person is disqualified for being an elector in any election to the House of Representatives or the Legislative Assembly if—

(a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or
(b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence.
(4) In this Article—

(a) “absent voter” means, in relation to any constituency, any citizen who is registered as an absent voter in respect of that constituency;
(b) “qualifying date” means the date on which a person applies for registration as an elector in a constituency, or the date on which he applies for the change of his registration as an elector in a different constituency,
in accordance with the provisions of any law relating to elections.

Article 120: Direct elections to the Senate

120. Where in accordance with Clause (4) of Article 45 provision is made by Parliament for the election of Senators by the direct vote of electors—

(a) the whole of a State shall form a single constituency and each elector shall have as many votes at any election to the Senate as there are seats to be filled in that election; and
(b) the electoral rolls for elections to the House of Representatives shall also be the electoral rolls for elections to the Senate; and
(c) Articles 118, 118A and 119 shall apply in relation to elections to the Senate as they apply in relation to elections to the House of Representatives.

PART IX
THE JUDICIARY

Article 121: Judicial power of the Federation

121. (1) There shall be two High Courts of co-ordinate jurisdiction and status, namely—

(a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry at such place in the States of Malaya as the Yang di-Pertuan Agong may determine; and
(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Sabah and Sarawak and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di-Pertuan Agong may determine;
(c) (Repealed),
and such inferior courts as may be provided by federal law; and the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law.
(1A) The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.
(1B) There shall be a court which shall be known as the Mahkamah Rayuan (Court of Appeal) and shall have its principal registry at such place as the Yang di-Pertuan Agong may determine, and the Court of Appeal shall have the following jurisdiction, that is to say—

(a) jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decisions of a High Court given by a registrar or other officer of the Court and appealable under federal law to a judge of the Court); and
(b) such other jurisdiction as may be conferred by or under federal law.
(2) There shall be a court which shall be known as the Mahkamah Persekutuan (Federal Court) and shall have its principal registry at such place as the Yang di-Pertuan Agong may determine, and the Federal Court shall have the following jurisdiction, that is to say—

(a) jurisdiction to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof;
(b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and
(c) such other jurisdiction as may be conferred by or under federal law.
(3) Subject to any limitations imposed by or under federal law, any order, decree, judgment or process of the courts referred to in Clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the Federation, and may be executed or enforced in any part of the Federation accordingly; and federal law may provide for courts in one part of the Federation or their officers to act in aid of courts in another part.
(4) In determining where the principal registry of the High Court in Sabah and Sarawak is to be, the Yang di-Pertuan Agong shall act on the advice of the Prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Judge of the High Court.

Article 122: Constitution of Federal Court

122. (1) The Federal Court shall consist of a president of the Court (to be styled “the Chief Justice of the Federal Court”), of the President of the Court of Appeal, of the Chief Judges of the High Courts and, until the Yang di-Pertuan Agong by order otherwise provides, of four* other judges and such additional judges as may be appointed pursuant to Clause (1A).

(1A) Notwithstanding anything in this Constitution contained, the Yang di-Pertuan Agong acting on the advice of the Chief Justice of the Federal Court may appoint for such purposes or for such period of time as he may specify any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court:

Provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty-six years.
(2) A judge of the Court of Appeal other than the President of the Court of Appeal may sit as a judge of the Federal Court where the Chief Justice considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the Chief Justice.

* Now “shall not exceed eleven”–see P.U. (A) 163/2009.

Article 122A: Constitution of Court of Appeal

122A. (1) The Court of Appeal shall consist of a chairman (to be styled the “President of the Court of Appeal”) and, until the Yang di-Pertuan Agong by order otherwise provides, of ten** other judges.

(2) A judge of a High Court may sit as a judge of the Court of Appeal where the President of the Court of Appeal considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the President of the Court of Appeal after consulting the Chief Judge of that High Court.

** Now “shall not exceed thirty-two”—see P.U. (A) 164/2009.

Article 122AA: Constitution of the High Courts

122AA. (1) Each of the High Courts shall consist of a Chief Judge and not less than four other judges; but the number of other judges shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed—

(a) in the High Court in Malaya, forty-seven*; and
(b) in the High Court in Sabah and Sarawak, ten**.
(2) Any person qualified for appointment as a judge of a High Court may sit as a judge of that Court if designated for the purpose (as occasion requires) in accordance with Article 122B.

* Now “shall not exceed sixty”—see P.U. (A) 384/2006.

** Now “shall not exceed thirteen”—see P.U. (A) 385/2006.

Article 122AB: Appointment of judicial commissioner

122AB. (1) For the despatch of business of the High Court in Malaya and the High Court in Sabah and Sarawak, the Yang di-Pertuan Agong acting on the advice of the Prime Minister, after consulting the Chief Justice of the Federal Court, may by order appoint to be judicial commissioner for such period or such purposes as may be specified in the order any person qualified for appointment as a judge of a High Court; and the person so appointed shall have power to perform such functions of a judge of the High Court as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that Court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that Court.

(2) The provisions of Clauses (2) and (5) of Article 124 shall apply to a judicial commissioner as they apply to a judge of a High Court.

Article 122B: Appointment of judges of Federal Court, Court of Appeal and High Courts

122B. (1) The Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and (subject to Article 122C) the other judges of the Federal Court, of the Court of Appeal and of the High Courts shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

(2) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice of the Federal Court, the Prime Minister shall consult the Chief Justice.
(3) Before tendering his advice as to the appointment under Clause (1) of the Chief Judge of a High Court, the Prime Minister shall consult the Chief Judge of each of the High Courts and, if the appointment is to the High Court in Sabah and Sarawak, the Chief Minister of each of the States of Sabah and Sarawak.
(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice, President or a Chief Judge, the Prime Minister shall consult, if the appointment is to the Federal Court, the Chief Justice of the Federal Court, if the appointment is to the Court of Appeal, the President of the Court of Appeal and, if the appointment is to one of the High Courts, the Chief Judge of that Court.
(5) This Article shall apply to the designation of a person to sit as judge of a High Court under Clause (2) of Article 122AA as it applies to the appointment of a judge of that court other than the Chief Judge.
(6) Notwithstanding the dates of their respective appointments as judges of the Federal Court, of the Court of Appeal or of the High Courts, the Yang di-Pertuan Agong, acting on the advice of the Prime Minister given after consulting the Chief Justice, may determine the order of precedence of the judges among themselves.

Article 122C: Transfer of judge of one High Court to another

122C. Article 122B shall not apply to the transfer to a High Court, otherwise than as Chief Judge, of a judge of another High Court other than the Chief Judge; and such a transfer may be made by the Yang di-Pertuan Agong, on the recommendation of the Chief Justice of the Federal Court, after consulting the Chief Judges of the two High Courts.

Article 123: Qualifications of judges of Federal Court, Court of Appeal and High Courts

123. A person is qualified for appointment under Article 122B as a judge of the Federal Court, as a judge of the Court of Appeal or as a judge of any of the High Courts if—

(a) he is a citizen; and
(b) for the ten years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the Federation or of the legal service of a State, or sometimes one and sometimes another.

Article 124: Oath of office of judges

124. (1) The Chief Justice of the Federal Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule, and shall do so in the presence of the Yang di-Pertuan Agong.

(2) A judge of the Federal Court, the Court of Appeal or a High Court, other than the Chief Justice of the Federal Court, shall before exercising the functions of a judge take and subscribe the oath of office and allegiance set out in the Sixth Schedule in relation to his judicial duties in whatever office.
(2A) A person taking the oath on becoming the President of the Court of Appeal shall do so in the presence of the senior judge available of the Court of Appeal.
(3) A person taking the oath on becoming Chief Judge of a High Court shall do so in the presence of the senior judge available of that High Court.
(4) A person taking the oath on becoming a judge of the Federal Court shall do so in the presence of the Chief Justice or, in his absence, the next senior judge available of the Federal Court.
(4A) A person taking the oath on becoming a judge of the Court of Appeal shall do so in the presence of the President of the Court of Appeal or, in his absence, the next senior judge available of the Court of Appeal.
(5) A person taking the oath on becoming a judge of a High Court (but not Chief Judge) shall do so in the presence of the Chief Judge of that Court or, in his absence, the next senior judge available of that Court.

Article 125: Tenure of office and remuneration of judges of Federal Court

125. (1) Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve.

(2) A judge of the Federal Court may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong but shall not be removed from office except in accordance with the following provisions of this Article.
(3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3B) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.
(3A) Where a judge has committed a breach of any provisions of the code of ethics prescribed under Clause (3B) but the Chief Justice is of the opinion that the breach does not warrant the judge being referred to a tribunal appointed under Clause (4), the Chief Justice may refer the judge to a body constituted under federal law to deal with such breach.
(3B) The Yang di-Pertuan Agong on the recommendation of the Chief Justice, the President of the Court of Appeal and the Chief Judges of the High Courts may, after consulting the Prime Minister, prescribe in writing a code of ethics which shall also include provisions on the procedure to be followed and sanctions which can be imposed other than the removal of a judge from office under Clause (3), in relation to a breach of any provision of the code of ethics.
(3C) The code of ethics prescribed under Clause (3B) shall be observed by every judge of the Federal Court and every judicial commissioner.
(4) The tribunal appointed under Clause (3) shall consist of not less than five persons who hold or have held office as judge of the Federal Court, the Court of Appeal or a High Court, or, if it appears to the Yang di-Pertuan Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth, and shall be presided over by the member first in the following order, namely, the Chief Justice of the Federal Court, the President and the Chief Judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date).
(5) Pending any reference and report under Clause (3) the Yang di-Pertuan Agong may on the recommendation of the Prime Minister and, in the case of any other judge after consulting the Chief Justice, suspend a judge of the Federal Court from the exercise of his functions.
(6) Parliament shall by law provide for the remuneration of the judges of the Federal Court, and the remuneration so provided shall be charged on the Consolidated Fund.
(6A) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of the judges of the Federal Court other than their remuneration.
(7) The remuneration and other terms of office (including pension rights) of a judge of the Federal Court shall not be altered to his disadvantage after his appointment.
(8) Notwithstanding Clause (1), the validity of anything done by a judge of the Federal Court shall not be questioned on the ground that he had attained the age at which he was required to retire.
(9) This Article shall apply to a judge of the Court of Appeal and to a judge of a High Court as it applies to a judge of the Federal Court, except that the Yang di-Pertuan Agong before suspending under Clause (5) a judge of the Court of Appeal or a judge of a High Court other than the President of the Court of Appeal or the Chief Judge of a High Court shall consult the President of the Court of Appeal or the Chief Judge of that High Court instead of the Chief Justice of the Federal Court.
(10) The President of the Court of Appeal and the Chief Judges of the High Courts shall be responsible to the Chief Justice of the Federal Court.

Article 125A: Exercise of powers by judges

125A. (1) Notwithstanding anything contained in this Constitution, it is hereby declared that—

(a) the Chief Justice of the Federal Court and a judge of the Federal Court may exercise all or any of the powers of a judge of the Court of Appeal and of a judge of a High Court;
(aa) the President of the Court of Appeal and a judge of the Court of Appeal may exercise all or any of the powers of a judge of a High Court; and
(b) a judge of the High Court in Malaya may exercise all or any of the powers of a judge of the High Court in Sabah and Sarawak, and vice versa.
(2) The provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day.

Article 126: Power to punish for contempt

126. The Federal Court, the Court of Appeal or a High Court shall have power to punish any contempt of itself.

Article 127: Restriction on Parliamentary discussion of conduct of judge

127. The conduct of a judge of the Federal Court, the Court of Appeal or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by not less than one quarter of the total number of members of that House, and shall not be discussed in the Legislative Assembly of any State.

Article 128: Jurisdiction of Federal Court

128. (1) The Federal Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction—

(a) any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws; and
(b) disputes on any other question between States or between the Federation and any State.
(2) Without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.
(3) The jurisdiction of the Federal Court to determine appeals from the Court of Appeal, a High Court or a judge thereof shall be such as may be provided by federal law.

Article 129: (Special jurisdiction of Supreme Court as to the interpretation of constitution—Repealed)

129. (Repealed).

Article 130: Advisory jurisdiction of Federal Court

130. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.

Article 131: (Appeals from Federal Court—Repealed)

131. (Repealed).

Article 131A: Provision for incapacity, etc., of Chief Justice, President or Chief Judge

131A. (1) Any provision made by federal law for the functions of the Chief Justice of the Federal Court or the President of the Court of Appeal or the Chief Judge of a High Court to be performed, in the event of a vacancy in the office or of his inability to act, by a judge of the Federal Court may extend to his functions under this Constitution.

(2) Any provision made by federal law for the functions of the President of the Court of Appeal or the Chief Judge of a High Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the Court of Appeal or the High Court, as the case may be, may extend to his functions under this Constitution other than functions as judge of the Federal Court.

PART X
PUBLIC SERVICES

Article 132: Public services

132. (1) For the purposes of this Constitution, the public services are—

(a) the armed forces;
(b) the judicial and legal service;
(c) the general public service of the Federation;
(d) the police force;
(e) (Repealed);
(f) the joint public services mentioned in Article 133;
(g) the public service of each State; and
(h) the education service.
(2) Except as otherwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may be regulated by federal law and, subject to the provisions of any such law, by the Yang di-Pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or Yang di-Pertua Negeri of that State.
(2A) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (f) and (h) of Clause (1) holds office during the pleasure of the Yang di-Pertuan Agong, and, except as expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office during the pleasure of the Ruler or Yang di-Pertua Negeri.
(3) The public service shall not be taken to comprise—

(a) the office of any member of the administration in the Federation or a State; or
(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; or
(c) the office of judge of the Federal Court, the Court of Appeal or a High Court; or
(d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or
(e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being posts which but for the order would be posts in the general public service of the Federation.
(4) References in this Part, except in Articles 136 and 147, to persons in the public service or to members of any of the public services shall not apply to—

(a) (Repealed);
(b) the Attorney General or, if provision for the manner of his appointment and removal from office is specifically included in the Constitution of the State, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the State, the legal adviser of any State; or
(c) a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Yang di-Pertua Negeri; or
(d) in the case of Malacca and Penang, if provision is made by State law for their appointment—

(i) the President of the Religious Affairs Department;
(ii) the Secretary of the Religious Affairs Department;
(iii) the Mufti;
(iv) the Kadi Besar; or
(v) a Kadi.

Article 133: Joint services, etc.

133. (1) Joint services, common to the Federation and one or more of the States or, at the request of the States concerned, to two or more States, may be established by federal law.

(2) Where a member of any of the public services is employed—

(a) partly for federal purposes and partly for State purposes; or
(b) for the purposes of two or more States,
the proportion, if any, of his remuneration payable by the Federation and the State or States concerned or, as the case may be, by each of the States concerned, shall, subject to federal law, be determined by agreement or, in default of agreement, by the Commission whose jurisdiction extends to him.

Article 134: Secondment of officers

134. (1) The Federation may, at the request of a State, local authority, or statutory authority, or of any organization, in or outside Malaysia, second any member of its public services to the service of that State, authority or organization, as the case may be; and a State may, at the request of the Federation, another State, a local authority, or a statutory authority or of any organization, in or outside Malaysia, second any member of its own public service to the service of the Federation, other State, authority or organization, as the case may be.

(2) A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the Federation, State, authority or organization, as the case may be, to whose service he is seconded.

Article 135: Restriction on dismissal and reduction in rank

135. (1) No member of any of the services mentioned in paragraphs (b) to (h) of Clause (1) of Article 132 shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank:

Provided that in its application to members of the services mentioned in paragraph (g) of Clause (1) of Article 132 this Clause shall not apply to any law which the legislature of any State, other than Penang and Malacca, may make to provide that all powers and functions of a Public Service Commission of such State, other than the power of first appointment to the permanent or pensionable establishment, be exercised by a Board appointed by the Ruler of such State:
And provided further that this Clause shall not apply to a case where a member of any of the services mentioned in this Clause is dismissed or reduced in rank by an authority in pursuance of a power delegated to it by a Commission to which this Part applies, and this proviso shall be deemed to have been an integral part of this Clause as from Merdeka Day.
(2) No member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard:

Provided that this Clause shall not apply to the following cases:

(a) where a member of such a service is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him; or
(b) where the authority empowered to dismiss or reduce in rank a member of such a service is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to carry out the requirements of this Clause; or
(c) where the Yang di-Pertuan Agong, or, in the case of a member of the public service of a State, the Ruler or Yang di-Pertua Negeri of that State, is satisfied that in the interests of the security of the Federation or any part thereof it is not expedient to carry out the requirements of this Clause; or
(d) where there has been made against a member of such a service any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on such a member any form of restriction or supervision by bond or otherwise, under any law relating to the security of the Federation or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls:
Provided further that for the purpose of this Article, where the service of a member of such a service is terminated in the public interest under any law for the time being in force or under any regulation made by the Yang di-Pertuan Agong under Clause (2) of Article 132, such termination of service shall not constitute dismissal whether or not the decision to terminate the service is connected with the misconduct of or unsatisfactory performance of duty by such member in relation to his office or the consequences of the termination involved an element of punishment; and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.
(3) No member of any of the services mentioned in paragraph (c), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law.

Article 136: Impartial treatment of federal employees

136. All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially.

Article 137: Armed Forces Council

137. (1) There shall be an Armed Forces Council, which shall be responsible under the general authority of the Yang di-Pertuan Agong for the command, discipline and administration of, and all other matters relating to, the armed forces, other than matters relating to their operational use.

(2) Clause (1) has effect subject to the provisions of any federal law, and any such law may provide for the vesting in the Armed Forces Council of any functions with respect to the armed forces.
(3) The Armed Forces Council shall consist of the following members, that is to say:

(a) the Minister for the time being charged with responsibility for defence, who shall be Chairman;
(b) one member representing Their Royal Highnesses, who shall be appointed by the Conference of Rulers;
(c) the Chief of Defence Forces who shall be appointed by the Yang di-Pertuan Agong;
(d) a civilian member, being the person performing the duties of the office of Secretary General for Defence, who shall act as Secretary to the Council;
(e) two senior staff officers of the Federation Armed Forces, appointed by the Yang di-Pertuan Agong;
(f) a senior officer of the Federation Navy, appointed by the Yang di-Pertuan Agong;
(g) a senior officer of the Federation Air Force, appointed by the Yang di-Pertuan Agong;
(h) two, if any, additional members, whether military or civilian, appointed by the Yang di-Pertuan Agong.
(4) The Armed Forces Council may act notwithstanding a vacancy in its membership and may, subject to this Constitution and to federal law, provide for all or any of the following matters:

(a) the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;
(b) the duties and responsibilities of the several members of the Council, including the delegation to any member of the Council of any of its powers or duties;
(c) the consultation by the Council with persons other than its members;
(d) the procedure to be followed by the Council in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;
(e) any other matters for which the Council considers it necessary or expedient to provide for the better performance of its functions.

Article 138: Judicial and Legal Service Commission

138. (1) There shall be a Judicial and Legal Service Commission, whose jurisdiction shall extend to all members of the judicial and legal service.

(2) The Judicial and Legal Service Commission shall consist of—

(a) the Chairman of the Public Services Commission, who shall be Chairman;
(b) the Attorney General or, if the Attorney General is a member of Parliament or is appointed otherwise than from among members of the Judicial and Legal Service, the Solicitor General; and
(c) one or more other members who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Chief Justice of the Federal Court, from among persons who are or have been or are qualified to be a judge of the Federal Court, Court of Appeal or a High Court or shall before Malaysia Day have been a judge of the Supreme Court.
(3) The person who is secretary to the Public Services Commission shall be secretary also to the Judicial and Legal Service Commission.

Article 139: Public Services Commission

139. (1) There shall be a Public Services Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the services mentioned in paragraphs (c) and (f) of Clause (1) of Article 132, other than the Auditor General, to members of the public services of the State of Malacca and the State of Penang, and, to the extent provided by Clause (2), to members of the public service of any other State.

(1A) The jurisdiction of the Public Services Commission shall extend to—

(a) members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak;
(b) members of the public service of the State of Sabah or Sarawak who are seconded to the general public service of the Federation; and
(c) members of the public service of the State of Sabah or Sarawak serving in federal posts or in any posts which have become federal posts in that State and who have exercised the option to be members of the general public service of the Federation.
(2) The Legislature of any State other than Malacca and Penang may by law extend the jurisdiction of the Public Services Commission to all or any persons in the public service of that State, but no such law shall take effect earlier than twelve months from the date of its passing; and if at any time there is not, in any such State in which no such law is in force, established and exercising its functions a State Public Service Commission, the jurisdiction of the Public Services Commission shall, if federal law so provides, extend to all members of the public service of that State.
(3) Any extension of the jurisdiction of the Public Service Commission made by the Legislature of any State pursuant to Clause (2) may be revoked or modified by a law passed by the legislature of such State.
(4) The Public Services Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a chairman, a deputy chairman and not less than four other members; but the number of the other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed thirty.
(5) Either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the period of five years immediately preceding the date of their first appointment been, members of any of the public services.
(6) A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this Part applies.

Article 140: Police Force Commission

140. (1) There shall be a Police Force Commission whose jurisdiction shall extend to all persons who are members of the police force and which, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer and exercise of disciplinary control over members of the police force:

Provided that Parliament may by law provide for the exercise of such disciplinary control over all or any of the members of the police force in such manner and by such authority as may be provided in that law, and in that event, if the authority is other than the Commission, the disciplinary control exercisable by such authority shall not be exercised by the Commission; and no provision of such law shall be invalid on the ground of inconsistency with any provision of this Part.
(2) Federal law may provide for the exercise of other functions by the Police Force Commission.
(3) The Police Force Commission shall consist of the following members, that is to say:

(a) the Minister for the time being charged with responsibility for the police, who shall be Chairman;
(b) the officer of police in general command of the police force;
(c) the person performing the duties of the office of Secretary General to the Ministry under the Minister for the time being charged with responsibility for the police;
(d) a member of the Public Services Commission appointed by the Yang di-Pertuan Agong;
(e) not less than two nor more than six other members, appointed by the Yang di-Pertuan Agong.
(4) The Yang di-Pertuan Agong may designate as special posts the posts of Inspector General of Police, Deputy Inspector General of Police and any other posts in the police force which in his opinion are of similar or superior status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Yang di-Pertuan Agong on the recommendation of the Police Force Commission.
(5) Before acting in accordance with Clause (4) on the recommendation of the Police Force Commission, the Yang di-Pertuan Agong shall consider the advice of the Prime Minister, and may once refer the recommendation back to the Commission in order that it may be reconsidered.
(6) The Police Force Commission may provide for all or any of the following matters:

(a) the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;
(b) the duties and responsibilities of the several members of the Commission, including the delegation to any member of the Commission or the police force or board of officers of such force or a committee consisting of members of the Commission and of the force of its powers or duties;
(c) the consultation by the Commission with persons other than its members;
(d) the procedure to be followed by the Commission in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;
(e) any other matters for which the Commission considers it necessary or expedient to provide for the better performance of its functions.
(7) In this Article “transfer” does not include transfer without change of rank within the police force.

Article 141: (Railway Service Commission—Repealed)

141. (Repealed).

Article 141A: Education Service Commission

141A. (1) There shall be an Education Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the service mentioned in paragraph (h) of Clause (1) of Article 132.

(2) The Education Service Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a Chairman, a Deputy Chairman and not less than four other members; but the number of the other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed eight*.
(3) A member of any of the public services appointed to be Chairman or Deputy Chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this Part applies.

* Subsequently “twelve”—see P.U. (A) 150/1990. Now “sixteen”—see P.U. (A) 169/2001.

Article 142: General provisions relating to Commissions

142. (1) Subject to paragraph (a) of Clause (3) of Article 140, a member of either House of Parliament or of the Legislative Assembly of a State shall not be or be appointed to be a member of a Commission to which this Part applies.

(2) Subject to Clause (3), a person shall not be appointed to be a member of any of the Commissions to which this Part applies if he is, and shall be removed by order of the Yang di-Pertuan Agong if he becomes—

(a) a member of any of the public services;
(b) an officer or employee of any local authority, or of any body, whether corporate or otherwise, or of any body or authority established by law for public purposes;
(c) a member of a trade union or of a body or association affiliated to a trade union.
(2A) In addition to any disqualification provided under Clause (2), the Chairman or Deputy Chairman of any of the Commissions to which this Part applies shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
(3) Clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain Chairman or Deputy Chairman and, if he is on leave prior to retirement, he may be appointed to be another member, of any of the said Commissions.
(3A) Where, during any period, the Chairman of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the Deputy Chairman of that Commission shall discharge the functions of the Chairman during that period, and if the Deputy Chairman is also absent or unable to discharge such functions, a member of the Commission may be appointed by the Yang di-Pertuan Agong to discharge the functions of the Chairman during that period.
(4) Where, during any period, a member of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions as a member, then—

(a) if he is an appointed member, the Yang di-Pertuan Agong may appoint to exercise his functions during that period any person who would be qualified to be appointed in his place, and the appointment of such a person shall be made in the same manner as that of the member whose functions he is to exercise;
(b) if he is an ex officio member, any person authorized under federal law to perform the functions of his office may during that period perform also his functions as a member of the Commission.
(5) A Commission to which this Part applies may act notwithstanding a vacancy in its membership, and no proceedings of such a Commission shall be invalidated by reason only that some person not entitled thereto has taken part in them.
(6) Before exercising his functions as a member of any of the said Commissions or under Clause (4) any person other than an ex officio member shall take and subscribe before a judge of the Federal Court, of the Court of Appeal or of a High Court the oath of office and allegiance set out in the Sixth Schedule.

Article 143: Conditions of service of members of Commissions

143. (1) Save as provided under Clause (2) of Article 142, a member of a Commission to which this Part applies, other than an ex officio member—

(a) shall be appointed for a term of five years or, if the Yang di-Pertuan Agong, acting in his discretion but after considering the advice of the Prime Minister, in a particular case so determines, for such shorter term as he may so determine;
(b) may, unless disqualified, be reappointed from time to time; and
(c) may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
(2) Parliament shall by law provide for the remuneration of any member of the said Commission other than a member for whose remuneration as holder of any other office provision is made by federal law; and the remuneration so provided shall be charged on the Consolidated Fund.
(3) The remuneration and other terms of office of a member of a Commission to which this Part applies shall not be altered to his disadvantage after his appointment.

Article 144: Functions of Service Commissions

144. (1) Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of a Commission to which this Part applies to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the service or services to which its jurisdiction extends.

(2) Federal law may provide for the exercise of other functions by any such Commission.
(3) The Yang di-Pertuan Agong may designate as special posts any post held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Yang di-Pertuan Agong on the recommendation of the Commission whose jurisdiction extends to the service in which the post is held.
(4) The Ruler or Yang di-Pertua Negeri of a State may designate as special posts any posts in the public service of his State held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Ruler or Yang di-Pertua Negeri on the recommendation of the Public Services Commission (or, if there is in the State a State Public Service Commission, on the recommendation of that Commission).
(5) Before acting, in accordance with Clause (3) or (4), on the recommendation of the Commission therein mentioned—

(a) the Yang di-Pertuan Agong shall consider the advice of the Prime Minister; and
(b) the Ruler or Yang di-Pertua Negeri shall consider the advice of the Chief Minister of his State, and may once refer the recommendation back to the Commission in order that it may be reconsidered.
(5A) Save as provided in Clause (5B), federal law and, subject to the provisions of any such law, regulations made by the Yang di-Pertuan Agong may, notwithstanding the provisions of Clause (1) of Article 135, provide for the exercise by any officer in a service to which the jurisdiction of a Commission to which this Part applies extends, or by any board of such officers, of any of the functions of the Commission under Clause (1):

Provided that—

(a) no such law or regulation may provide for the exercise by any such officer or board of officers of any power of first appointment to the permanent or pensionable establishment, or of any power of promotion (other than promotion to an acting appointment); and
(b) any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commission within such time and in such manner as may be prescribed by any such law or regulations, and the Commission may make such order thereon as it may consider just.
(5B) (i) Notwithstanding the provisions of Clause (1) of Article 135 and Article 139 and Article 141A, all the powers and functions of the Public Services Commission or the Education Service Commission established under Article 139 and Article 141A, other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a board appointed by the Yang di-Pertuan Agong.

(ii) Any person aggrieved by the exercise by the board of any of the aforesaid powers or functions may appeal to an Appeal Board appointed by the Yang di-Pertuan Agong.
(iii) The Yang di-Pertuan Agong may by regulations provide for matters relating to the appointments of the members of, and the procedure to be followed by, the board or the Appeal Board under this Clause.
(iv) Where the Yang di-Pertuan Agong has appointed the board under paragraph (i) of this Clause for the purpose of exercising any of the powers or functions referred to under that paragraph, such power or function shall so long as it remains a power or function to be exercised by the board, cease to be exercisable by the said Commission.
(6) A Commission to which this Part applies may delegate to any officer in a service to which its jurisdiction extends, or to any board of such officers appointed by it, any of its functions under Clause (1) in respect of any grade of service, and that officer or board shall exercise those functions under the direction and the control of the Commission.
(6A) In respect of members of the general public service of the Federation who are employed in posts ancillary to the armed forces or any of them or to the police force, or in respect of any grade of members of that service who are so employed, functions of the Public Services Commission may, under Clause (5A) or (6), be made exercisable by an officer or board of officers of the armed forces or police force, as the case may be, as if he or they were members of the general public service of the Federation.
(7) In this Article “transfer” does not include transfer without change of rank within a department of Government.
(8) A Commission to which this Part applies may, subject to the provisions of this Constitution and of federal law, make rules regulating its procedure and specifying the number of its members which are to constitute a quorum.

Article 145: Attorney General

145. (1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.

(2) It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.
(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.
(3A) Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.
(4) In the performance of his duties the Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in the Federation.
(5) Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.
(6) The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

Article 146: Reports of Commissions

146. (1) Each of the Commissions to which this Part applies shall make an annual report on its activities to the Yang di-Pertuan Agong and copies of those reports shall be laid before both Houses of Parliament.

(2) The Public Services Commission shall send a copy of every report made under this Article to the Ruler or Yang di-Pertua Negeri of each State to members of whose public service their jurisdiction extends, and the Ruler or Yang di-Pertua Negeri shall lay it before the Legislative Assembly.

Article 146A: (Branch in Borneo States of Judicial and Legal Service Commission—Repealed)

146A. (Repealed).

Article 146B: (Branches in each State of Sabah or Sarawak of Public Services Commission—Repealed)

146B. (Repealed).

Article 146C: (Supplementary provisions as to branches of Public Services Commission—Repealed)

146C. (Repealed).

Article 146D: Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak

146D. Notwithstanding Clause (2) of Article 134, the jurisdiction of the Police Force Commission shall extend to members of the public service of the State of Sabah or Sarawak who are seconded to the police force; and for purposes of the Police Force Commission they shall be deemed to be members of the police force.

(2) (Repealed).
(3) (Repealed).

Article 147: Protection of pension rights

147. (1) The law applicable to any pension, gratuity or other like allowance (in this Article referred to as an “award”) granted to a member of any of the public services, or to his widow, children, dependant or personal representatives, shall be that in force on the relevant day or any later law not less favourable to the person to whom the award is made.

(2) For the purposes of this Article the relevant day is—

(a) in relation to an award made before Merdeka Day, the date on which the award was made;
(b) in relation to an award made after Merdeka Day to or in respect of any person who was a member of any of the public services before Merdeka Day, the thirtieth day of August, nineteen hundred and fifty-seven;
(c) in relation to an award made to or in respect of any person who first became a member of any of the public services on or after Merdeka Day, the date on which he first became such a member.
(3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

Article 148: Interpretation of Part X

148. (1) References in this Constitution to a Commission to which this Part applies are, unless the context otherwise requires, references to any of the Commissions established under Articles 138 to 141A.

(2) In this Part “ex officio member” includes a Minister and a judge of the Federal Court, of the Court of Appeal or of a High Court and “State Public Service Commission” means, in relation to any State, a Commission exercising functions in respect of members of the public service of the State and corresponding in status and jurisdiction to the Public Services Commission.

PART XI
SPECIAL POWERS AGAINST SUBVERSION, ORGANIZED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS

Article 149: Legislation against subversion, action prejudicial to public order, etc.

149. (1) If an Act of Parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation—

(a) to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property; or
(b) to excite disaffection against the Yang di-Pertuan Agong or any Government in the Federation; or
(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or
(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or
(e) which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or
(f) which is prejudicial to public order in, or the security of, the Federation or any part thereof,
any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of Parliament; and Article 79 shall not apply to a Bill for such an Act or any amendment to such a Bill.
(2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both Houses of Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.

Article 150: Proclamation of emergency

150. (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 (2B).
(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 or 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.

Article 151: Restrictions on preventive detention

151. (1) Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention—

(a) the authority on whose order any person is detained under that law or ordinance shall, as soon as may be, inform him of the grounds for his detention and, subject to Clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be;
(b) no citizen shall continue to be detained under that law or ordinance unless an advisory board constituted as mentioned in Clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the Yang di-Pertuan Agong within three months of receiving such representations, or within such longer period as the Yang di-Pertuan Agong may allow.
(2) An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the Yang di-Pertuan Agong and who shall be or have been, or be qualified to be, a judge of the Federal Court, the Court of Appeal or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and two other members who shall be appointed by the Yang di-Pertuan Agong.
(3) This Article does not require any authority to disclose facts whose disclosure would in its opinion be against the national interest.

PART XII
GENERAL AND MISCELLANEOUS

Article 152: National language

152. (1) The national language shall be the Malay language and shall be in such script as Parliament may by law provide:

Provided that—

(a) no person shall be prohibited or prevented from using (otherwise than for official purposes), or from teaching or learning, any other language; and
(b) nothing in this Clause shall prejudice the right of the Federal Government or of any State Government to preserve and sustain the use and study of the language of any other community in the Federation.
(2) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, the English language may be used in both Houses of Parliament, in the Legislative Assembly of every State, and for all other official purposes.
(3) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, the authoritative texts—

(a) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament; and
(b) of all Acts of Parliament and all subsidiary legislation issued by the Federal Government, shall be in the English language.
(4) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, all proceedings in the Federal Court, the Court of Appeal or a High Court shall be in the English language:

Provided that, if the Court and counsel on both sides agree, evidence taken in the language spoken by the witness need not be translated into or recorded in English.
(5) Notwithstanding the provisions of Clause (1), until Parliament otherwise provides, all proceedings in subordinate courts, other than the taking of evidence, shall be in the English language.
(6) In this Article, “official purpose” means any purpose of the Government, whether Federal or State, and includes any purpose of a public authority.

Article 153: Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak

153. (1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

(2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.
(3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.
(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.
(5) This Article does not derogate from the provisions of Article 136.
(6) Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.
(7) Nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorize a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.
(8) Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation—

(a) deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or
(b) authorize a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or
(c) where no permit or licence was previously required for the operation of the trade or business, authorize a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorize a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.
(8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.
(9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.
(9A) In this Article the expression “natives” in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.
(10) The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.

Article 154: Federal capital

154. (1) Until Parliament otherwise determines, the municipality of Kuala Lumpur shall be the federal capital.

(2) Notwithstanding anything in Part VI, Parliament shall have exclusive power to make laws with respect to the boundaries of the federal capital.
(3) (Repealed).

Article 155: Commonwealth reciprocity

155. (1) Where the law in force in any other part of the Commonwealth confers upon citizens of the Federation any right or privilege it shall be lawful, notwithstanding anything in this Constitution, for Parliament to confer a similar right or privilege upon citizens of that part of the Commonwealth who are not citizens of the Federation.

(2) The reference in Clause (1) to citizens of a part of the Commonwealth shall be construed, in relation to the United Kingdom or to any other part of the Commonwealth not being a Commonwealth country or a territory administered by the Government of a Commonwealth country other than the United Kingdom, as a reference to citizens of the United Kingdom and Colonies.
(3) This Article applies in relation to the Republic of Ireland as it applies in relation to a Commonwealth country.

Article 156: Contributions in aid of rates in respect of federal and State property

156. Where lands, buildings, or hereditaments are occupied for public purposes by or on behalf of the Federation, a State or a public authority, the Federation, State or public authority shall not be liable to pay local rates in respect thereof but shall in aid of those rates make such contributions in respect thereof as may be agreed between the Federation, State or public authority, as the case may be, and the authority levying the rates or as may in default of agreement be determined by a tribunal consisting of the chairman of the Lands Tribunal established under Article 87, who shall preside, and two other members of whom each of the parties concerned shall appoint one.

Article 157: Delegation of State functions to another State

157. Subject to any provisions of State law, arrangements may be made between any two States for the performance of any functions by the authorities of the one on behalf of the authorities of the other, and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements.

Article 158: (Arrangements with Brunei—Repealed)

158. (Repealed).

Article 159: Amendment of the Constitution

159. (1) Subject to the following provisions of this Article and to Article 161E, the provisions of this Constitution may be amended by federal law.

(2) (Repealed).
(3) A Bill for making any amendment to the Constitution (other than an amendment excepted from the provisions of this Clause) and a Bill for making any amendment to a law passed under Clause (4) of Article 10 shall not be passed in either House of Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members of that House.
(4) The following amendments are excepted from the provisions of Clause (3), that is to say:

(a) any amendment to Part III of the Second or to the Sixth or Seventh Schedule;
(b) any amendment incidental to or consequential on the exercise of any power to make law conferred on Parliament by any provision of this Constitution other than Articles 74 and 76;
(bb) subject to Article 161E any amendment made for or in connection with the admission of any State to the Federation or its association with the States thereof, or any modification made as to the application of this Constitution to a State previously so admitted or associated;
(c) any amendment consequential on an amendment made under paragraph (a).
(5) A law making an amendment to Clause (4) of Article 10, any law passed thereunder, the provisions of Part III, Article 38, Clause (4) of Article 63, Article 70, Clause (1) of Article 71, Clause (4) of Article 72, Article 152, or 153 or to this Clause shall not be passed without the consent of the Conference of Rulers.
(6) In this Article “amendment” includes addition and repeal; and in this Article and in paragraph (a) of Article 2 “State” includes any territory.

Article 159A: Operation of transitional provisions of Malaysia Act

159A. The provisions of Part IV of the Malaysia Act (which contains temporary and transitional provisions in connection with the operation of that Act) shall have effect as if embodied in this Constitution, and shall have effect notwithstanding anything in this Constitution as amended by that Act; and the provisions of this Constitution, and in particular Clause (1) of Article 4 and Articles 159 and 161E shall have effect in relation thereto accordingly.

Article 160: Interpretation

160. (1) The Interpretation and General Clauses Ordinance 1948 [M.U. 7 of 1948], as in force immediately before Merdeka Day shall, to the extent specified in the Eleventh Schedule, apply for the interpretation of this Constitution as it applies for the interpretation of any written law within the meaning of that Ordinance, but with the substitution of references to the Yang di-Pertuan Agong for references to the High Commissioner.

(2) In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

“Aborigine” means an aborigine of the Malay Peninsula;
“Act of Parliament” means a law made by Parliament;
“Attorney General” means the Attorney General of the Federation;
“borrow” includes the raising of money by the grant of annuities or by entering into any arrangement requiring the payment before the due date of any taxes, rates, royalties, fees or any other payments or by entering into any agreement whereby the Government has to repay or refund any benefits that it has enjoyed under that agreement, and “loan” shall be construed accordingly;
“casual vacancy” means a vacancy arising in the House of Representatives or a Legislative Assembly otherwise than by a dissolution of Parliament or of the Assembly;
“Chief Minister” and “Menteri Besar” both mean the president, by whatever style known, of the Executive Council in a State;
“citizen” means a citizen of the Federation;
“Civil List” means the provision made for the maintenance of the Yang di-Pertuan Agong, his Consort, a Ruler or Yang di-Pertua Negeri out of public funds;
“Commonwealth country” means any country recognized by the Yang di-Pertuan Agong to be a Commonwealth country; and “part of the Commonwealth” means any Commonwealth country, any colony, protectorate or protected state or any other territory administered by the Government of any Commonwealth country;
“Concurrent List” means the Third List set out in the Ninth Schedule;
“debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and ::“debt charges” shall be construed accordingly;
“elector” means a person who is entitled to vote in an election to the House of Representatives or the Legislative Assembly of a State;
“Enactment”, where the expression occurs in the Eighth Schedule, means a law made by the Legislature of a State;
“Executive Council” means the Cabinet or other body, however called, which in the Government of a State corresponds, whether or not the members of it are Ministers, to the Cabinet of Ministers in the government of the Federation (and in particular includes the Supreme Council in Sarawak);
“existing law” means any law in operation in the Federation or any part thereof immediately before Merdeka Day;
“federal law” means—

(a) any existing law relating to a matter with respect to which Parliament has power to make laws, being a law continued in operation under Part XIII; and
(b) any Act of Parliament;
“Federal List” means the First List set out in the Ninth Schedule;
“federal purposes” includes the purposes of the Federation in connection with matters enumerated in the Concurrent List and with any other matters with respect to which Parliament has power to make laws otherwise than by virtue of Article 76;
“foreign country” does not include any part of the Commonwealth or the Republic of Ireland;
“Governor” (Repealed);
“law” includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof;
“Legislative Assembly” means the representative assembly, however called, in the Legislature of a State (and in particular includes the Council Negri in Sarawak), but except in the Eighth Schedule includes also a Legislative Council, however called;
“Legislative Council” (Repealed);
“Legislature”, in relation to a State, means the authority having power under the Constitution of that State to make laws for the State;
“Local rates” (Repealed);
“Malay” means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and—

(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or
(b) is the issue of such a person;
“member of the administration” means, in relation to the Federation, a person holding office as Minister, Deputy Minister, Parliamentary Secretary or Political Secretary and, in relation to a State, a person holding a corresponding office in the State or holding office as member (other than an official member) of the Executive Council;
“Merdeka Day” means the thirty-first day of August, nineteen hundred and fifty-seven;
“office of profit” means any whole time office in any of the public services, and includes—

(a) the office of any judge of the Federal Court, of the Court of Appeal or of a High Court; and
(b) the office of Auditor General; and
(c) the office of a member of the Election Commission, of a member (other than an ex officio member) of a Commission to which Part X applies, or of a member (other than an ex officio member) of any corresponding Commission established by the Constitution of a State; and
(d) any other office not specified in Clause (3) of Article 132 which may be declared by Act of Parliament to be an office of profit;
“pension rights” includes superannuation rights and provident fund rights;
“public authority” means the Yang di-Pertuan Agong, the Ruler or Yang di-Pertua Negeri of a State, the Federal Government, the Government of a State, a local authority, a statutory authority exercising powers vested in it by federal or State law, any court or tribunal other than the Federal Court, the Court of Appeal and High Courts, or any officer or authority appointed by or acting on behalf of any of those persons, courts, tribunals or authorities;
“remuneration” includes salary or wages, allowances, pension rights, free or subsidized housing, free or subsidized transport, and other privileges capable of being valued in money;
“Rule Committee” (Repealed);
“Ruler”—

(a) in relation to Negeri Sembilan, means the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs in accordance with the Constitution of that State; and
(b) in the case of any State, includes except in Clause (2) of Article 181 and the Third and Fifth Schedules, any person who in accordance with the Constitution of that State exercises the functions of the Ruler;
“State” means a State of the Federation;
“State law” means—

(a) any existing law relating to a matter with respect to which the Legislature of a State has power to make law, being a law continued in operation under Part XIII; and
(b) a law made by the Legislature of a State;
“State List” means the Second List set out in the Ninth Schedule;
“State purposes” includes, in relation to any State, the purposes of the State in connection with matters enumerated in the Concurrent List and with any other matters with respect to which the Legislature of the State has power to make laws;
“tax” includes an impost or a duty but does not include a rate levied for local purposes or a fee for services rendered;
“the Federation” means the Federation established under the Federation of Malaya Agreement 1957;
“written law” includes this Constitution and the Constitution of any State;
“Yang di-Pertua Negeri” means the Head of State in a State not having a Ruler.
(3) Unless the context otherwise requires, any reference in this Constitution to a specified Part, Article or Schedule is a reference to that Part or Article of, or that Schedule to, this Constitution, any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the Part, that clause of the Article, that section of the Schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of Articles, sections or divisions of Articles or sections shall be construed as including both the first and the last member of the group referred to.
(4) Where under this Constitution a person is required to take and subscribe an oath he shall be permitted, if he so desires, to comply with that requirement by making and subscribing an affirmation.
(5) References in this Constitution to the Federation and its States and to the territories of the Federation or any of its States, and to any officer holding office under the Federation or any authority or body in or for the Federation shall be construed—

(a) in relation to any time after the coming into operation of the Federation of Malaya Agreement 1948, and before Merdeka Day, as references to the Federation established under that Agreement, and the States and Settlements comprising it and to the territories of that Federation or any of the States and Settlements comprising it, and to the corresponding officer holding office thereunder or the corresponding authority or body in or for that Federation;
(b) in relation to any time before the coming into operation of the said Agreement (so far as the context admits) as references to such of the countries, territories, offices, authorities or bodies for the construction of references to which provision was made by Clause 135(2) of the said Agreement, as may be appropriate.
(6) References in this Constitution to any period shall be construed, so far as the context admits, as including references to a period beginning before Merdeka Day.
(7) References in this Constitution to the Federation of Malaya Agreement 1948, shall be construed, except where the context otherwise requires, as references to that Agreement as in force immediately before Merdeka Day.

Article 160A: Reprint of the Constitution

160A. The authority appointed under federal law for the purpose of revising laws may, with consent of the Yang di-Pertuan Agong, authorize the printing of copies of this Constitution, including all amendments in force at the date of such authorization; and any copy of this Constitution so printed shall be deemed for all purposes to be a true and correct copy of the Federal Constitution.

Article 160B: Authoritative text

160B. Where this Constitution has been translated into the national language, the Yang di-Pertuan Agong may prescribe such national language text to be authoritative, and thereafter if there is any conflict or discrepancy between such national language text and the English language text of this Constitution, the national language text shall prevail over the English language text.

PART XIIA
ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK

Article 161: Use of English and of native languages in States of Sabah and Sarawak

161. (1) No Act of Parliament terminating or restricting the use of the English language for any of the purposes mentioned in Clauses (2) to (5) of Article 152 shall come into operation as regards the use of the English language in any case mentioned in Clause (2) of this Article until ten years after Malaysia Day.

(2) Clause (1) applies—

(a) to the use of the English language in either House of Parliament by a member for or from the State of Sabah or Sarawak; and
(b) to the use of the English language for proceedings in the High Court in Sabah and Sarawak or in a subordinate court in the State of Sabah or Sarawak, or for such proceedings in the Federal Court or the Court of Appeal as are mentioned in Clause (4); and
(c) to the use of the English language in the State of Sabah or Sarawak in the Legislative Assembly or for other official purposes (including the official purposes of the Federal Government).
(3) Without prejudice to Clause (1), no such Act of Parliament as is there mentioned shall come into operation as regards the use of the English language for proceedings in the High Court in Sabah and Sarawak or for such proceedings in the Federal Court or the Court of Appeal as are mentioned in Clause (4), until the Act or the relevant provision of it has been approved by enactments of the Legislatures of the States of Sabah and Sarawak; and no such Act shall come into operation as regards the use of the English language in the State of Sabah or Sarawak in any other case mentioned in paragraph (b) or (c) of Clause (2), until the Act or the relevant provision of it has been approved by an enactment of the Legislature of that State.
(4) The proceedings in the Federal Court or the Court of Appeal referred to in Clauses (2) and (3) are any proceedings on appeal from the High Court in Sabah and Sarawak or a judge thereof, and any proceedings under Clause (2) of Article 128 for the determination of a question which has arisen in proceedings before the High Court in Sabah and Sarawak or a subordinate court in the State of Sabah or Sarawak.
(5) Notwithstanding anything in Article 152, in the State of Sabah or Sarawak a native language in current use in the State may be used in native courts or for any code of native law and custom, and in the case of Sarawak, until otherwise provided by enactment of the Legislature, may be used by a member addressing the Legislative Assembly or any committee thereof.

Article 161A: Special position of natives of States of Sabah and Sarawak

161A. (1) (Repealed).

(2) (Repealed).
(3) (Repealed).
(4) The Constitutions of the States of Sabah and Sarawak may make provision corresponding (with the necessary modifications) to Article 153.
(5) Article 89 shall not apply to the State of Sabah or Sarawak, and Article 8 shall not invalidate or prohibit any provision of State law in the State of Sabah or Sarawak for the reservation of land for natives of the State or for alienation to them, or for giving them preferential treatment as regards the alienation of land by the State.
(6) In this Article “native” means—

(a) in relation to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and
(b) in relation to Sabah, a person who is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth.
(7) The races to be treated for the purposes of the definition of “native” in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.

Article 161B: Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

161B. (1) In so far as any provision made by or under an Act of Parliament, by removing or altering a residence qualification, confers a right to practise before a court in the States of Sabah and Sarawak or either of them on persons not previously having the right, that provision shall not come into operation until adopted in the States or State in question by an enactment of the legislature.

(2) This Article shall apply to the right to practise before the Federal Court or the Court of Appeal when sitting in the States of Sabah and Sarawak and entertaining proceedings on appeal from the High Court in Sabah and Sarawak or a judge thereof or proceedings under Clause (2) of Article 128 for the determination of a question which has arisen in proceedings before the High Court in Sabah and Sarawak or a subordinate court in the State of Sabah or Sarawak.

Article 161C: (Muslim education in Borneo States—Repealed)

161C. (Repealed).

Article 161D: (Freedom of religion—Repealed)

161D. (Repealed).

Article 161E: Safeguards for constitutional position of States of Sabah and Sarawak

161E. (1) As from the passing of the Malaysia Act no amendment to the Constitution made in connection with the admission to the Federation of the State of Sabah or Sarawak shall be excepted from Clause (3) of Article 159 by paragraph (bb) of Clause (4) of that Article; nor shall any modification made as to the application of the Constitution to the State of Sabah or Sarawak be so excepted unless the modification is such as to equate or assimilate the position of that State under the Constitution to the position of the States of Malaya.

(2) No amendment shall be made to the Constitution without the concurrence of the Yang di-Pertua Negeri of the State of Sabah or Sarawak or each of the States of Sabah and Sarawak concerned, if the amendment is such as to affect the operation of the Constitution as regards any of the following matters:

(a) the right of persons born before Malaysia Day to citizenship by reason of a connection with the State, and (except to the extent that different provision is made by the Constitution as in force on Malaysia Day) the equal treatment, as regards their own citizenship and that of others, of persons born or resident in the State and of persons born or resident in the States of Malaya;
(b) the constitution and jurisdiction of the High Court in Sabah and Sarawak and the appointment, removal and suspension of judges of that court;
(c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, and the executive authority of the State in those matters, and (so far as related thereto) the financial arrangements between the Federation and the State;
(d) religion in the State, the use in the State or in Parliament of any language and the special treatment of natives of the State;
(e) the allocation to the State, in any Parliament summoned to meet before the end of August 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation on Malaysia Day, than the quota allocated to the State on that Day.
(3) No amendment to the Constitution which affects its operation as regards the quota of members of the House of Representatives allocated to the State of Sabah or Sarawak shall be treated for purposes of Clause (1) as equating or assimilating the position of that State to the position of the States of Malaya.
(4) In relation to any rights and powers conferred by federal law on the Government of the State of Sabah or Sarawak as regards entry into the State and residence in the State and matters connected therewith (whether or not the law is passed before Malaysia Day) Clause (2) shall apply, except in so far as the law provides to the contrary, as if the law had been embodied in the Constitution and those rights and powers had been included among the matters mentioned in paragraphs (a) to (e) of that Clause.
(5) In this Article “amendment” includes addition and repeal.

Article 161F: (Use of unofficial languages in Singapore Assembly—Repealed)

Article 161G: (Special position of Malays in Singapore—Repealed)

161G. (Repealed).

Article 161H: (Safeguards for constitutional position of Singapore—Repealed)

161H. (Repealed).

PART XIII
TEMPORARY AND TRANSITIONAL PROVISIONS

Article 162: Existing laws

162. (1) Subject to the following provisions of this Article and Article 163*, the existing laws shall, until repealed by the authority having power to do so under this Constitution, continue in force on and after Merdeka Day, with such modifications as may be made therein under this Article and subject to any amendments made by federal or State law.

(2) Where any State law amends or repeals an existing law made by the Legislature of a State, nothing in Article 75 shall invalidate the amendment or repeal by reason only that the existing law, relating to a matter with regard to which Parliament as well as the Legislature of a State has power to make laws, is federal law as defined by Article 160.
(3) References in any existing law to the Federation established by the Federation of Malaya Agreement 1948, and its territories, and to any officer holding office under that Federation or to any authority or body constituted in or for that Federation (including any references falling to be construed as such references by virtue of Clause 135 of the said Agreement) shall be construed, in relation to any time on and after Merdeka Day, as references to the Federation (that is to say, the Federation established under the Federation of Malaya Agreement 1957) and its territories and to the corresponding officer, authority or body respectively; and the Yang di-Pertuan Agong may by order declare what officer, authority or body is to be taken for the purposes of this Clause to correspond to any officer, authority or body referred to in any existing law.
(4) (Repealed).
(5) Any order made under Clause (4) may be amended or repealed by the authority having power to make laws with respect to the matter to which the order relates.
(6) Any court or tribunal applying the provision of any existing law which has not been modified on or after Merdeka Day under this Article or otherwise may apply it with such modifications as may be necessary to bring it into accord with the provisions of this Constitution.
(7) In this Article “modification” includes amendment, adaptation and repeal.

* NOTE—This Article has been repealed vide Constitution (Amendment) Act 1963 [Act 25/1963] w.e.f. 29 August 1963—see section 8 of Act 25/1963. See also notes on Article 163.

Article 163: (Temporary continuation of Emergency Regulations Ordinance 1948—Repealed)

163. (Repealed).

NOTE—There is a reference to repealed Art. 163 in Art. 162, hence reference to Article 163 is retained in the Federal Constitution.

Article 164: (Temporary functions of Legislative Council—Repealed)

164. (Repealed).

Article 165: (Temporary financial provisions—Repealed)

165. (Repealed).

Article 166: Succession to property

166. (1) (Repealed).

(2) (Repealed).
(3) Any land vested in the State of Malacca or the State of Penang which immediately before Merdeka Day was occupied or used by the Federation Government or Her Majesty’s Government or by any public authority for purposes which in accordance with the provisions of this Constitution become federal purposes shall on and after that day be occupied, used, controlled and managed by the Federal Government or, as the case may be, the said public authority, so long as it is required for federal purposes, and—

(a) shall not be disposed of or used for any purposes other than federal purposes without the consent of the Federal Government; and
(b) shall not be used for federal purposes different from the purposes for which it was used immediately before Merdeka Day without the consent of the Government of the State.
(4) (Repealed).
(5) (Repealed).
(6) (Repealed).
(7) (Repealed).
(8) Any property which was, immediately before Merdeka Day, liable to escheat to Her Majesty in respect of the Government of Malacca or the Government of Penang shall on that day be liable to escheat to the State of Malacca or the State of Penang, as the case may be.

Article 167: Rights, liabilities and obligations

167. (1) (Repealed).

(2) (Repealed).
(3) (Repealed).
(4) (Repealed).
(5) (Repealed).
(6) The Attorney General shall, on the application of any party interested in any legal proceedings, other than proceedings between the Federation and a State, certify whether any right, liability or obligation is by virtue of this Article a right, liability or obligation of the Federation or of a State named in the certificate, and any such certificate shall for the purposes of those proceedings be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.
(7) The Federation shall make the like annual payments as fell to be made before Merdeka Day under Article II of the Treaty made on the sixth day of May, eighteen hundred and sixty-nine, between Her Majesty of the one part and the King of Siam of the other part relative to the State of Kedah.

Article 168: (Legal proceedings—Repealed)

168. (Repealed).

Article 169: International agreements, etc., made before Merdeka Day

169. For the purposes of Clause (1) of Article 76—

(a) any treaty, agreement or convention entered into before Merdeka Day between Her Majesty or her predecessors or the Government of the United Kingdom on behalf of the Federation or any part thereof and another country shall be deemed to be a treaty, agreement or convention between the Federation and that other country;
(b) any decision taken by an international organization and accepted before Merdeka Day by the Government of the United Kingdom on behalf of the Federation or any part thereof shall be deemed to be a decision of an international organization of which the Federation is a member;
(c) in relation to the States of Sabah and Sarawak paragraphs (a) and (b) shall apply with the substitution of references to Malaysia Day for the references to Merdeka Day and of references to the territories comprised in those States or any of them for the references to the Federation or any part thereof.

Article 170: (Temporary provisions for persons qualified for registration as citizens under Federation of Malaya Agreement 1948, Clause 126—Repealed)

170. (Repealed).

Article 171: (Constituencies for first elections—Repealed)

171. (Repealed).

Article 172: (Existing courts—Repealed)

172. (Repealed).

Article 173: (Pending appeals to Privy Council—Repealed)

173. (Repealed).

Article 174: (Judicial appointments and Attorney General—Repealed)

174. (Repealed).

Article 175: Director of Audit to be first Auditor General

175. The person holding office as Director of Audit immediately before Merdeka Day shall, as from that day, hold office as Auditor General on terms and conditions not less favourable than those applicable to him immediately before Merdeka Day.

Article 176: Transfer of officers

176. (1) Subject to the provisions of this Constitution and any existing law, all persons serving in connection with the affairs of the Federation immediately before Merdeka Day shall continue to have the same powers and to exercise the same functions on Merdeka Day on the same terms and conditions as were applicable to them immediately before that day.

(2) This Article does not apply to the High Commissioner or the Chief Secretary.

Article 177: Waiver or postponement of oath of office where appointment continues under this Part

177. A person who, under any provisions of this Part, holds office under the Federation by virtue of having been the holder of a corresponding office immediately before Merdeka Day may, until Parliament otherwise provides, perform his functions without taking the oath required in the case of other holders of that office.

Article 178: Remuneration after Merdeka Day

178. Until Parliament otherwise provides, the remuneration payable to the persons holding the offices of Prime Minister and other Ministers shall be the same as was payable, immediately before Merdeka Day, to the Chief Minister and other Ministers of the Federation respectively.

Article 179: Contributions in respect of joint services

179. Any agreement in force immediately before Merdeka Day relating to the proportion of the remuneration payable by the Federation and any State in respect of any such employment as is mentioned in Clause (2) of Article 133 shall continue in force until superseded by a new agreement or federal law.

Article 180: Preservation of pensions, etc.

180. (1) The Tenth Schedule to the Federation of Malaya Agreement 1948, shall continue in force on and after Merdeka Day, but with the modification that any reference therein to the High Commissioner shall be construed as a reference to the Yang di-Pertuan Agong.

(2) The said Schedule shall for the purposes of this Constitution be deemed to be federal law and may, subject to the provisions of Article 147, be amended and repealed accordingly.
(3) In its application to any law made under Clause (2) of Article 147 shall have effect as if references therein to an award included compensation.

PART XIV
SAVING FOR RULERS’ SOVEREIGNTY, ETC.

Article 181: Saving for Rulers’ sovereignty, etc.

181. (1) Subject to the provisions of this Constitution, the sovereignty, prerogatives, powers and jurisdiction of the Rulers and the prerogatives, powers and jurisdiction of the Ruling Chiefs of Negeri Sembilan within their respective territories as hitherto had and enjoyed shall remain unaffected.

(2) No proceedings whatsoever shall be brought in any court against the Ruler of a State in his personal capacity except in the Special Court established under Part XV.

PART XV
PROCEEDINGS AGAINST THE YANG Dl-PERTUAN AGONG AND THE RULERS

Article 182: The Special Court

182. (1) There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or a High Court appointed by the Conference of Rulers.

(2) Any proceedings by or against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under Clause (1).
(3) The Special Court shall have exclusive jurisdiction to try all offences committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State notwithstanding where the cause of action arose.
(4) The Special Court shall have the same jurisdiction and powers as are vested in the inferior courts, the High Court and the Federal Court by this Constitution or any federal law and shall have its registry in Kuala Lumpur.
(5) Until Parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and the law regulating evidence and proof in civil and criminal proceedings, the practice and procedure applicable in any proceedings in any inferior court, any High Court and the Federal Court shall apply in any proceedings in the Special Court.
(6) The proceedings in the Special Court shall be decided in accordance with the opinion of the majority of the members and its decision shall be final and conclusive and shall not be challenged or called in question in any court on any ground.
(7) The Yang di-Pertuan Agong may, on the advice of the Chief Justice, make such rules as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law or in the carrying out of any function, the exercise of any power, the discharge of any duty, or the doing of any act, under any written law, that may be occasioned by this Article; and for that purpose such rules may make any modification, adaptation, alteration, change or amendment whatsoever to any written law.

Article 183: No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally

183. No action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally.

 Devider

SCHEDULES

FIRST SCHEDULE
[Articles 18(1), 19(9)]
Oath of Applications For Registration Or Naturalization

I ……………………………………………… of ………………………………………………hereby declare on oath that I absolutely and entirely renounce and abjure all loyalty to any country or State outside the Federation, and I do swear that I will be faithful and bear true allegiance to His Majesty the Yang di-Pertuan Agong and be a true, loyal and faithful citizen of the Federation.

SECOND SCHEDULE

[Article 39]
Citizenship by operation of law of persons born before, on or after Malaysia Day and supplementary provisions relating to citizenship

PART I
[Article 14(1)(a)]
CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN BEFORE MALAYSIA DAY

1. (1) Subject to the provisions of Part III of this Constitution and anything done thereunder before Malaysia Day, the following persons born before Malaysia Day are citizens by operation of law, that is to say:

(a) every person who immediately before Merdeka Day, was a citizen of the Federation by virtue of any of the provisions of the Federation of Malaya Agreement 1948, whether by operation of law or otherwise;
(b) every person born within the Federation on or after Merdeka Day and before October 1962;
(c) every person born within the Federation after September 1962, of whose parents one at least was at the time of the birth either a citizen or permanently resident in the Federation, or who was not born a citizen of any other country;
(d) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of his birth and either was born in the Federation or was at the time of the birth in service under the Government of the Federation or of a State;
(e) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of the birth if the birth was, or is, within one year of its occurrence or within such longer period as in any particular case was or is allowed by the Federal Government, registered at a consulate of the Federation or, if it occurred in Singapore, Sarawak, Brunei or North Borneo, registered with the Federal Government.
(2) A person is not a citizen by virtue of paragraph (b) or (c) of subsection (1) if, at the time of his birth, his father, not being a citizen, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong.

2. Subject to the provisions of Part III of this Constitution, a person ordinarily resident in the State of Sabah or Sarawak or in Brunei on Malaysia Day is a citizen by operation of law if he was immediately before that day a citizen of the United Kingdom and Colonies, and either—

(a) was born in the territories comprised in the States of Sabah and Sarawak; or
(b) became such a citizen by registration in those territories or by or in consequence of naturalization there.

PART II
[Article 14(1)(b)]
CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN ON OR AFTER MALAYSIA DAY

1. Subject to the provisions of Part III of this Constitution, the following persons born on or after Malaysia Day are citizens by operation of law, that is to say:

(a) every person born within the Federation of whose parents one at least is at the time of the birth either a citizen or permanently resident in the Federation; and
(b) every person born outside the Federation whose father is at the time of the birth a citizen and either was born in the Federation or is at the time of the birth in the service of the Federation or of a State; and
(c) every person born outside the Federation whose father is at the time of the birth a citizen and whose birth is, within one year of its occurrence or within such longer period as the Federal Government may in any particular case allow, registered at a consulate of the Federation or, if it occurs in Brunei or in a territory prescribed for this purpose by order of the Yang di-Pertuan Agong, registered with the Federal Government; and
(d) every person born in Singapore of whose parents one at least is at the time of the birth a citizen and who is not born a citizen otherwise than by virtue of this paragraph; and
(e) every person born within the Federation who is not born a citizen of any country otherwise than by virtue of this paragraph.

2. (1) A person is not a citizen by virtue of paragraph (a), (d) or (e) of section 1 if, at the time of his birth, his father, not being a citizen, possesses such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong, or if his father is then an enemy alien and the birth occurs in a place under the occupation of the enemy.

(2) In section 1 the reference in paragraph (b) to a person having been born in the Federation includes his having been born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak.
(3) For the purposes of paragraph (e) of section 1 a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provision corresponding to paragraph (c) of that section or otherwise.

PART III
[Article 31]
SUPPLEMENTARY PROVISIONS RELATING TO CITIZENSHIPThe Minister

1. The functions of the Federal Government under Part III of this Constitution shall be exercised by such Minister of that Government as the Yang di-Pertuan Agong may from time to time direct, and references in this Schedule to the Minister shall be construed accordingly.

2. A decision of the Federal Government under Part III of this Constitution shall not be subject to appeal or review in any court.

(The Registration Authority—Repealed)

3. (Repealed).

4. (1) The Minister may delegate to any officer of the Federal Government or, with the consent of the Ruler or Yang di-Pertua Negeri of any State, to any officer of the Government of that State, any of his functions under Part III of this Constitution or this Schedule relating to citizenship by registration and the keeping of registers, and, in relation to orders under paragraph (c) of Clause (1) of Article 25 or under Article 26, any of his functions under Article 27 prior to determining whether to make such an order; but any person aggrieved by the decision of a person to whom the functions of the Minister are so delegated may appeal to the Minister.

(2) The Minister may also, with the consent of the Yang di-Pertua Negeri of the State, delegate to an authority of the State of Sabah or Sarawak (subject or not to conditions providing for an appeal from that authority to the Minister) any of the Minister’s functions under Clause (6) of Article 28A which are not required to be delegated by Clause (7) of that Article.
(3) Subsection (1) shall apply to enrolments under Clause (2) of Article 19A* as it applies to citizenship by registration, and to the cancellation under Clause (4) of Article 19A* of an enrolment under that Article as it applies to an order under Article 26.

5. (Repealed).

*NOTE—Article 19A has been repealed vide Constitution (Amendment) Act 1966 [Act 59/1966] w.e.f 9 August 1965—see section 2 of Act 59/1966. See also notes on Article 19A.

Functions of Minister

6. Subject to federal law, the Minister may make rules and prescribe forms for the purpose of the exercise of his functions under Part III of this Constitution.

7. Any power of the Federal Government to extend, for purposes of Part III of this Constitution, the period for registering a birth occurring outside the Federation may be exercised either before or after the registration has been effected.

8. (Repealed).

9. Any notice to be given by the Minister to any person under Article 27 may be sent to that person at his last known address, or, in the case of a person under the age of twenty-one years (not being a married woman), to his parent or guardian at the last known address of the parent or guardian; and if an address at which notice may be sent to any person under this section is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.

10. (1) It shall be the duty of the Minister to compile and maintain—

(a) a register of citizens by registration;
(b) a register of citizens by naturalization;
(c) a register of persons to whom certificates have been issued under Clause (1) of Article 30;
(d) a register of persons who have renounced or been deprived of citizenship under any provision of Part III of this Constitution;
(e) (Repealed);
(f) an alphabetical index of all persons referred to in paragraphs (a) to (d).
(2) References in this section to citizens by registration or by naturalization shall be construed in accordance with Article 28 as if this section were included among the provisions to which that Article applies.

11. If the Minister has reason to believe that an error appears in any register compiled under section 10, he shall, after giving notice to the person concerned and after considering such representations from him as he may choose to make, make such alteration on the register as appears to the Minister to be necessary to correct the error.

12. Subject to section 11, the said register shall be conclusive evidence of the matters therein contained.

13. (Repealed).

14. (Repealed).

15. (Repealed).

Offences

16. (1) It shall be an offence punishable with imprisonment for two years or a fine of one thousand ringgit or both for any person—

(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any application under Part III of this Constitution, including any application to determine whether the applicant is a citizen by operation of law; or
(b) to forge or without lawful authority alter any certificate, whether issued or granted in the Federation or elsewhere, or without lawful authority use or have in his possession any certificate which has been so forged or altered; or
(c) to fail to comply with any requirement imposed upon him by any rules made under section 6 with respect to the delivering up of certificates; or
(d) to personate or falsely represent himself to be or not to be a person to whom a certificate, whether issued in the Federation or elsewhere, has been duly issued or granted.
(2) In this section “certificate” means any certificate of the following descriptions issued under Part III of this Constitution that is to say:

(a) any certificate of a registration or of naturalization as a citizen; and
(b) any certificate of registration effected at a consulate of the Federation or elsewhere outside the Federation; and
(c) any such certificate as is mentioned in Article 30.

Interpretation

17. For the purposes of Part III of this Constitution references to a person‘s father or to his parent, or to one of his parents, are in relation to a person who is illegitimate to be construed as references to his mother, and accordingly section 19 of this Schedule shall not apply to such a person.

18. In relation to an adopted child whose adoption has been registered under any written law in force in the Federation, including any such law in force before Merdeka Day, Clause (3) of Article 15 shall have effect as if for the reference to his father there were substituted a reference to the adopter, and references in that Clause and section 9 of this Part of this Schedule to his parent shall be construed accordingly.

19. Any reference in Part III of this Constitution to the status or description of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father’s death; and where that death occurred before and the birth occurs on or after Merdeka Day, the status or description which would have been applicable to the father had he died after Merdeka Day shall be deemed to be the status or description applicable to him at the time of his death. This section shall have effect in relation to Malaysia Day as it has effect in relation to Merdeka Day.

19A. For the purposes of Part I or II of this Schedule a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that country.

19B. For the purposes of Part I or II of this Schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth.

19C. For the purposes of Part I or II of this Schedule a person shall be treated as having been at any time permanently resident in the Federation if, but only if, he was then resident in the Federation and either—

(a) he then had permission, granted without limit of time under any federal law, to reside there; or
(b) it is certified by the Federal Government that he is to be treated for those purposes as a permanent resident in the Federation.

20. (1) In calculating for the purposes of Part III of this Constitution any residence in the Federation—

(a) a period of absence from the Federation of less than six months;
(b) a period of absence from the Federation for the purposes of education of such kind, in such country and for such time as may from time to time be either generally or specially approved by the Minister;
(c) a period of absence from the Federation for reasons of health;
(d) a period of absence from the Federation on duty in the service of the Federation or of any State, where such period is not inconsistent with the essential continuity of such residence; and
(e) a period of absence from the Federation for any other cause prescribed generally or specially by the Minister,
shall be treated as residence in the Federation.
(2) In calculating for the purposes of Part III of this Constitution any residence in the Federation—

(a) a period during which a person was not lawfully resident in the Federation;
(b) a period spent as an inmate of any prison or as a person detained in lawful custody in any other place, other than a mental hospital, under the provisions of any written law of the Federation; and
(c) a period during which a person is allowed to remain temporarily in the Federation under the authority of any pass issued or exemption order made under the provisions of any written law of the Federation relating to immigration,
shall not, except in the case of any period referred to in paragraph (c), with the consent of the Minister, be treated as residence in the Federation.
(3) For the purposes of Part III of this Constitution a person shall be deemed to be resident in the Federation on a particular day if he had been resident in the Federation before that day and that day is included in any period of absence referred to in subsection (1).
(4) This section shall apply in relation to any part of the Federation and the territories comprised in that part before Malaysia Day as it applies in relation to the Federation as a whole, and the reference in subsection (1)(d) to the service of a State shall include, in relation to those territories, the service of any Government having jurisdiction therein before Malaysia Day; and in relation to Malaysia Day or any later day subsection (3) shall apply as if the territories comprised in the States of Sabah and Sarawak had at all times formed part of the Federation.

21. For the purposes of Part III of this Constitution “consulate of the Federation” includes any office exercising consular functions on behalf of the Federation.

22. Except in so far as the context otherwise requires, references in this Schedule to Part III of this Constitution are to be read as including references to this Schedule.

THIRD SCHEDULE

[Articles 32 and 33]
Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong

PART I
ELECTION OF YANG DI-PERTUAN AGONG

1. (1) A Ruler is qualified to be elected Yang di-Pertuan Agong unless—

(a) he is a minor; or
(b) he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected; or
(c) the Conference of Rulers by secret ballot resolves that he is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of Yang di-Pertuan Agong.
(2) A resolution under this section shall not be carried unless at least five members of the Conference have voted in favour of it.

2. The Conference of Rulers shall offer the office of Yang di-Pertuan Agong to the Ruler qualified for election whose State is first on the election list described in section 4 and, if he does not accept the office, to the Ruler whose State is next on the list, and so on until a Ruler accepts the office.

3. When a Ruler to whom the office of Yang di-Pertuan Agong has been offered in accordance with section 2 has accepted the office, the Conference of Rulers shall declare him elected and the Keeper of the Rulers’ Seal shall notify the result of the election in writing to both Houses of Parliament.

4. (1) The election list—

(a) shall for the purposes of the first election be a list comprising the States of all the Rulers in the order in which Their Royal Highnesses then recognize precedence among themselves;
(b) shall for the purposes of subsequent elections be that list as varied in accordance with subsection (2) until it is reconstituted under subsection (3), and shall then be the list so reconstituted, but varied, for the purposes of further elections, in accordance with subsection (4).
(2) That list in force at the first election shall be varied as follows:

(a) after each election any States preceding on the list the State whose Ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list, and the State whose Ruler was elected shall be omitted;
(b) whenever there is a change in the Ruler of a State then on the list, that State shall be transferred to the end of the list (and if on the same day there is a change in the Rulers of more than one such State, those States shall be so transferred in the order in which they are then on the list).
(3) When no State remains on the list as varied in accordance with subsection (2), or if at an election no Ruler of a State on that list is qualified

for election or accepts office, the election list shall be reconstituted so as to comprise again the States of all the Rulers, but in the following order, that is to say, those whose Rulers have held the office of Yang di-Pertuan Agong in the order in which their Rulers have held that office, and the others (if any) following them in the order in which they were on the list before it was reconstituted.

(4) After each election held in accordance with the reconstituted list that list shall be varied as follows:

(a) any State preceding on the list the State whose Ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list; and
(b) the State whose Ruler was elected shall then be placed last.


PART II
ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG

5. A Ruler is qualified to be elected Timbalan Yang di-Pertuan Agong unless—

(a) he would not be qualified to be elected Yang di-Pertuan Agong; or
(b) he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected.

6. The Conference of Rulers shall not elect a Timbalan Yang di-Pertuan Agong while the office of Yang di-Pertuan Agong is vacant.

7. The Conference of Rulers shall offer the office of Timbalan Yang di-Pertuan Agong to the Ruler qualified for election who, on the death of the Yang di-Pertuan Agong last elected, would be the first entitled to be offered the office of the Yang di-Pertuan Agong and, if he does not accept it, to the next and so on until a Ruler accepts the office.


PART III
REMOVAL OF YANG DI-PERTUAN AGONG

8. A resolution of the Conference of Rulers to remove the Yang di-Pertuan Agong from office shall not be carried unless at least five members of the Conference have voted in favour of it.


PART IV
GENERAL

9. (Repealed).

10. In subsection 4(3) the expression “Ruler” includes a past Ruler.

FOURTH SCHEDULE

[Article 37]
Oaths of Office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong

PART I
OATH OF YANG DI-PERTUAN AGONG

Kami ……………………………………. ibni …………………………………………………….Yang di-Pertuan Agong bagi Malaysia bersumpah dengan melafazkan:

Wallahi; Wabillahi; Watallahi;

maka dengan lafaz ini berikrarlah Kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan dengan adilnya pemerintahan bagi Malaysia dengan mengikut sebagaimana undang-undang dan Perlembagaan yang telah disah dan dimasyhurkan dan yang akan disah dan dimasyhurkan di masa hadapan ini. Dan lagi Kami berikrar mengaku dengan sesungguh dan dengan sebenarnya memeliharakan pada setiap masa Agama Islam dan berdiri tetap di atas pemerintahan yang adil dan aman di dalam Negeri.

PART II
OATH OF TIMBALAN YANG DI-PERTUAN AGONG

Kami ………………………………………………. ibni …………………………………………yang telah dilantik menjadi Timbalan Yang di-Pertuan Agong bagi Malaysia bersumpah dengan melafazkan:

Wallahi; Wabillahi; Watallahi;

dan dengan lafaz ini berikrarlah Kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan tanggungan Kami yang telah ditetapkan dan yang akan ditetapkan pada suatu masa ke suatu masa yang ke hadapan ini oleh undang-undang dan Perlembagaan Negeri Malaysia.

PART III
ENGLISH TRANSLATIONS

We …………………………………………. ibni …………………………………………………Yang di-Pertuan Agong of Malaysia do hereby swear:

Wallahi; Wabillahi; Watallahi;

and by virtue of that oath do solemnly and truly declare that We shall justly and faithfully perform (carry out) our duties in the administration of Malaysia in accordance with its laws and Constitution which have been promulgated or which may be promulgated from time to time in the future. Further We do solemnly and truly declare that We shall at all time protect the Religion of Islam and uphold the rules of law and order in the Country.

We …………………………………………….. ibni ………………………………………………being elected to be the Timbalan Yang di-Pertuan Agong of Malaysia do hereby swear:

Wallahi; Wabillahi; Watallahi;

and by virtue of that oath do solemnly and truly declare that We shall faithfully perform (carry out) our duties as Timbalan Yang di-Pertuan Agong as laid down and as may from time to time be laid down by the laws and the Constitution of Malaysia.

FIFTH SCHEDULE
[Article 38(1)]
The Conference of Rulers

1. The Conference of Rulers shall, subject to the following provisions of this Schedule, consist of Their Royal Highnesses the Rulers and the Yang di-Pertua-Yang di-Pertua Negeri of States not having a Ruler.

2. The place of His Royal Highness the Ruler of any State or the Yang di-Pertua Negeri of any State as a member of the Conference of Rulers may in any case in which the Constitution of that State so provides be taken by such person as that Constitution may provide.

3. The Conference of Rulers shall have a Rulers’ Seal, which shall be kept in the custody of a person appointed by the Conference.

4. The person appointed under section 3 shall be known as the Penyimpan Mohor Besar Raja-Raja (Keeper of the Rulers’ Seal), shall act as secretary to the Conference of Rulers and shall hold his office at the pleasure of the Conference.

5. A majority of the members of the Conference of Rulers shall form a quorum and, subject to the provisions of this Constitution, the Conference may determine its own procedure.

6. The Keeper of the Rulers’ Seal shall convene the Conference of Rulers whenever required to do so by the Yang di-Pertuan Agong or by not less than three members of the Conference and, without being so required, not later than four weeks before the expiry of the term of office of the Yang di-Pertuan Agong and whenever a vacancy occurs in that office or in the office of the Timbalan Yang di-Pertuan Agong.

7. The Yang di-Pertua-Yang di-Pertua Negeri of States not having a Ruler shall not be members of the Conference of Rulers for the purposes of any proceedings relating to the election or removal of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong or relating solely to the privileges, position, honours and dignities of Their Royal Highnesses or to religious acts, observances or ceremonies.

8. In any case where the Conference of Rulers is not unanimous it shall take its decision by a majority of the members voting, subject however to the provisions of the Third Schedule.

9. Any consent, appointment or advice of the Conference of Rulers required under this Constitution shall be signified under the Rulers’ Seal; and where, in the case of any proposed appointment, a majority of the members of the Conference have indicated, by writing addressed to the Keeper of the Rulers’ Seal, that they are in favour of the appointment, he shall so signify the advice of the Conference without convening it.

SIXTH SCHEDULE

[Articles 43(6), 43B(4), 57(1A)(a), 59(1), 124, 142(6)]
Forms of Oaths and Affirmations

1. Oath of Office and Allegiance

“I, ……………………………………………, having been elected (or appointed) to the office of ……………………….do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution.” (NOTE—A judge of the Federal Court, other than the Chief Justice, a judge of the Court of Appeal or of a High Court or a judicial commissioner shall use the words “my judicial duties in that office” in place of the words “the duties of that office”.)

2. Oath as Member of Parliament and of Allegiance

“I, …………………………………………………….., having been elected (or appointed) as a member of the House of Representatives (or the Senate) do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution.”

3. Oath of Secrecy

“I …………………………………………, do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as …………………………………………….. except as may be required for the due discharge of my duties as such or as may be specially permitted by the Yang di-Pertuan Agong.”

SEVENTH SCHEDULE

[Article 45]
Election of Senators

(PART I—Repealed)

1. (1) (Repealed).

(2) As often as there is a vacancy among the members elected to the Senate by a State the Yang di-Pertuan Agong shall give notice to the Ruler or Yang di-Pertua Negeri of the State that an election of a Senator is required, and the Ruler or Yang di-Pertua Negeri shall require the Legislative Assembly to elect a Senator as soon as may be.

2. (1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a Senator if elected.

(2) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.
(3) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.
(4) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.

3. Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.

4. The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.

5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under subsection 1(2) as soon as may be shall not of itself invalidate the election of any Senator.

(PART II—Repealed)

6. (Repealed).

7. (Repealed).

 EIGHTH SCHEDULE

[Article 71]
Provisions to be Inserted in State Constitutions

PART I
FINAL PROVISIONS

Ruler to act on advice

1. (1) In the exercise of his functions under the Constitution of this State or any law or as a member of the Conference of Rulers the Ruler shall act in accordance with the advice of the Executive Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal Constitution or the State Constitution; but shall be entitled, at his request, to any information concerning the government of the State which is available to the Executive Council.

(1A) In the exercise of his functions under the Constitution of this State or any law or as a member of the Conference of Rulers, where the Ruler is to act in accordance with advice or on advice, the Ruler shall accept and act in accordance with such advice.
(2) The Ruler may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the Federal Constitution) that is to say:

(a) the appointment of a Menteri Besar;
(b) the withholding of consent to a request for the dissolution of the Legislative Assembly;
(c) the making of a request for a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses or religious acts, observances or ceremonies;
(d) any function as Head of the religion of Islam or relating to the custom of the Malays;
(e) the appointment of an heir or heirs, consort, Regent or Council of Regency;
(f) the appointment of persons to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto;
(g) the regulation of royal courts and palaces.
(3) State law may make provision for requiring the Ruler to act after consultation with or on the recommendation of any person or body of persons other than the Executive Council in the exercise of any of his functions other than—

(a) functions exercisable in his discretion;
(b) functions with respect to the exercise of which provision is made in the State Constitution or the Federal Constitution.

Proceedings against the Ruler

1A. (1) Where the Ruler is charged with an offence under any law in the Special Court established under Part XV of the Federal Constitution, he shall cease to exercise the functions of the Ruler of the State.

(2) During the period when the Ruler ceases, under subsection (1), to exercise the functions of the Ruler of the State, a Regent or a Council of Regency, as the case may be, shall be appointed in accordance with the State Constitution to exercise the functions of the Ruler of the State.
(3) Where the Ruler is convicted of an offence in the Special Court and sentenced to imprisonment for more than one day he shall cease to be the Ruler of the State unless he receives a free pardon.

The Executive Council

2. (1) The Ruler shall appoint an Executive Council.

(2) The Executive Council shall be appointed as follows, that is to say:

(a) the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly; and
(b) he shall on the advice of the Menteri Besar appoint not more than ten nor less than four other members from among the members of the Legislative Assembly,
but if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Legislative Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.
(3) Notwithstanding anything in this section, a person who is a citizen by naturalization or by registration under Article 17 of the Federal Constitution shall not be appointed Menteri Besar.
(4) In appointing a Menteri Besar the Ruler may, in his discretion, dispense with any provision in the Constitution of this State restricting his choice of a Menteri Besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section.
(5) The Executive Council shall be collectively responsible to the Legislative Assembly.
(6) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.
(7) Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler‘s pleasure, but any member of the Council may at any time resign his office.
(8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

Legislature of the State

3. The Legislature of the State shall consist of the Ruler and one House, namely, the Legislative Assembly.

Composition of Legislative Assembly

4. (1) The Legislative Assembly shall consist of such number of elected members as the Legislature may by law provide.

(2) (Repealed).

Qualifications of members

5. Every citizen of or over the age of twenty-one years who is resident in the State is qualified to be a member of the Legislative Assembly, unless he is disqualified for being a member by the Federal Constitution or this Constitution or by any such law as is mentioned in section 6 to the Eighth Schedule to the Federal Constitution.

Disqualification for membership of Legislative Assembly

6. (1) Subject to the provisions of this section, a person is disqualified for being a member of the Legislative Assembly if—

(a) he is and has been found or declared to be of unsound mind;
(b) he is an undischarged bankrupt;
(c) he holds an office of profit;
(d) having been nominated for election to either House of Parliament or to the Legislative Assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required;
(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the States of Sabah and Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon;
(f) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Legislative Assembly by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence; or
(g) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
(2) The disqualification of a person under paragraph (d) or paragraph (e) of subsection (1) may be removed by the Ruler and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed, and a person shall not be disqualified under paragraph (g) of subsection (1) by reason only of anything done by him before he became a citizen.
(3) Notwithstanding anything contained in the foregoing provisions of this section where a member of the Legislative Assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of subsection (1), or under a law as is referred to in paragraph (f) of subsection (1)—

(a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was—

(i) convicted and sentenced as specified in the aforesaid paragraph (e); or
(ii) convicted of an offence or proved guilty of an act under a law as is referred to in the aforesaid paragraph (f); or
(b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or
(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.
(4) Subsection (3) shall not apply for the purpose of nomination or election of any person to the Legislative Assembly, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) or (f), as the case may be, of subsection (1).
(5) A person who resigns his membership of the Legislative Assembly of this State or any other State, shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the Legislative Assembly of this State.

Provision against double membership

7. A person shall not at the same time be a member of the Legislative Assembly for more than one constituency.

Decision as to disqualification

8. (1) If any question arises whether a member of the Legislative Assembly has become disqualified for membership, the decision of the Assembly shall be taken and shall be final:

Provided that this section shall not be taken to prevent the practice of the Assembly postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).
(2) Where a member of the Legislative Assembly becomes disqualified under paragraph (e) of subsection (1) of section 6, or under a law as is referred to in paragraph (f) of subsection (1) of section 6, the foregoing subsection (1) shall not apply, and he shall cease to be a member of the Legislative Assembly, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with subsection (3) of section 6.

Summoning, prorogation and dissolution of Legislative Assembly

9. (1) The Ruler shall from time to time summon the Legislative Assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Ruler may prorogue or dissolve the Legislative Assembly.
(3) The Legislative Assembly unless sooner dissolved shall continue for five years from the date of its first sitting and shall then stand dissolved.
(4) Whenever the Legislative Assembly is dissolved a general election shall be held within sixty days from the date of the dissolution and the new Legislative Assembly shall be summoned to meet on a date not later than one hundred and twenty days from that date.
(5) A casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy:

Provided that if a casual vacancy is established on a date within two years of the date the Legislative Assembly shall, in accordance with subsection (3), stand dissolved, such casual vacancy shall not be filled unless the Speaker notifies the Election Commission in writing that the numerical strength of the party that constitutes a majority of all the members of the Legislative Assembly is being affected by such vacancy, in which event such vacancy shall be filled within sixty days from the date of the receipt of that notification.

Speaker of the Legislative Assembly

10. (1) The Legislative Assembly shall from time to time elect as Speaker such person as the Assembly may determine and shall transact no business when the office of the Speaker is vacant other than the election of the Speaker.

(1A) A person shall not be elected to be the Speaker unless he is a member or qualified to be a member of the Legislative Assembly.
(1B) Any person elected as Speaker who is not a member of the Legislative Assembly—

(a) shall, before he enters upon the duties of his office, take and subscribe before the Assembly an oath of office; and
(b) shall, by virtue of holding his office, be a member of the Assembly additional to the members elected to the Assembly:

Provided that paragraph (b) shall not have effect for the purposes of the provisions of section 2 and no person shall be entitled by virtue of that paragraph to vote on any matter before the Assembly.
(2) The Speaker may at any time resign his office and shall vacate his office—

(a) when the Legislative Assembly first meets after a general election;
(b) on his ceasing to be a member of the Assembly otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of subsection (1B), on his ceasing to be qualified to be a member;
(c) upon being disqualified under subsection (4); or
(d) if the Assembly at any time so resolves.
(3) During any absence of the Speaker from a sitting of the Legislative Assembly such member as may be determined by the rules of procedure of the Assembly shall act as Speaker.
(4) A member who is elected to be the Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
(5) Where any question arises regarding the disqualification of the Speaker under subsection (4) the decision of the Legislative Assembly shall be taken and shall be final.

Exercise of legislative power

11. (1) The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler.

(2) No Bill or amendment involving expenditure from the Consolidated Fund of the State may be introduced or moved in the Legislative Assembly except by a member of the Executive Council.
(2A) The Ruler shall within thirty days after a Bill is presented to him assent to the Bill.
(2B) If a Bill is not assented to by the Ruler within the time specified in subsection (2A), it shall become law at the expiration of the time specified in that subsection in the like manner as if he had assented to it.
(3) A Bill shall become law on being assented to by the Ruler or as provided in subsection (2B) but no law shall come into force until it has been published, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retrospective effect.
(4) (Repealed).

FINANCIAL PROVISIONS

No taxation unless authorized by law

12. No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law. Expenditure charged on Consolidated Fund

13. (1) There shall be charged on the Consolidated Fund of the State, in addition to any grant, remuneration or other moneys so charged by any other provision of the Constitution of the State or by State law—

(a) the Civil List of the Ruler and the remuneration of the Speaker of the Legislative Assembly;
(b) all debt charges for which the State is liable; and
(c) any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.
(2) For the purposes of this provision debt charges include interest, sinking fund charges, repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Annual financial statement

14. (1) Subject to subsection (3), the Ruler shall, in respect of every financial year, cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of the State for that year, and, unless the State Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year.

(2) The estimates of expenditure shall show separately—

(a) the total sums required to meet expenditure charged on the Consolidated Fund; and
(b) subject to subsection (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
(3) The estimated receipts to be shown in the said statement do not include any sums received by way of Zakat, Fitrah and Baitulmal or similar Islamic religious revenue; and the sums to be shown under paragraph (b) of subsection (2) do not include—

(a) sums representing the proceeds of any loan raised by the State for specific purposes and appropriated for those purposes by the law authorizing the raising of the loan;
(b) sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust;
(c) sums representing any money held by the State which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal or State law.
(4) The said statement shall also show, so far as is practicable, the assets and liabilities of the State at the end of the last completed financial year, the manner in which those assets are invested or held, and the general heads in respect of which those liabilities are outstanding.

Supply Bills

15. The heads of expenditure to be met from the Consolidated Fund of the State but not charged thereon, other than the sums mentioned in paragraphs (a) and (b) of section 14(3) of the Eighth Schedule to the Federal Constitution, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure

16. If in respect of any financial year it is found—

(a) that the amount appropriated by the Supply Enactment for that purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Enactment; or
(b) that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the Supply Enactment,
a supplementary estimate showing the sums required or spent shall be laid before the Legislative Assembly and the heads of any such expenditure shall be included in a Supply Bill.

Withdrawals from the Consolidated Fund

17. (1) Subject to the following provisions of this section, no moneys shall be withdrawn from the Consolidated Fund unless they are—

(a) charged on the Consolidated Fund; or
(b) authorized to be issued by a Supply Enactment.
(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.
(3) Subsection (1) does not apply to any such sums as are mentioned in paragraphs (a), (b) and (c) of section 14(3) of the Eighth Schedule to the Federal Constitution.
(4) The State Legislature may in respect of any financial year authorize, before the passing of the Supply Enactment, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.

IMPARTIAL TREATMENT OF STATE EMPLOYEES

Impartial treatment of State employees

18. All persons of whatever race in the same grade of the service of the State, shall, subject to the terms and conditions of their employment, be treated impartially.

AMENDMENT OF THE CONSTITUTION

Amendment of the Constitution

19. (1) The following provisions of this section shall have effect with respect to the amendment of the Constitution of this State.

(2) The provisions affecting succession to the throne and the position of the Ruling Chiefs and similar Malay customary dignitaries may not be amended by the State Legislature.
(3) Any other provisions may, subject to the following provisions of this section, be amended by an Enactment of the State Legislature but may not be amended by any other means.
(4) A Bill for making an amendment to the said Constitution (other than an amendment excepted from the provisions of this subsection) shall not be passed by the Legislative Assembly unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members thereof.
(5) The following amendments are excepted from the provisions of subsection (4), that is to say:

(a) any amendment consequential on such a law as is mentioned in section 4 or section 21 of the Eighth Schedule to the Federal Constitution; and
(aa) any amendment to the definition of the territory of the State which is made in consequence of the passing of a law altering the boundaries of the State under Article 2 of the Federal Constitution to which the State Legislative Assembly and the Conference of Rulers have consented under the said Article; and
(b) any amendment the effect of which is to bring the Constitution of this State into accord with any of the provisions of the said Schedule, but only if it is made after the Legislative Assembly has been elected in accordance with section 4 of that Schedule.
(6) This section does not invalidate any provision of the Constitution of this State requiring the consent of any body of persons to any amendment affecting—

(a) the appointment and attributes of an heir or heirs to the throne, of the Ruler’s Consort or of the Regent or Members of the Council of Regency of the State;
(b) the removal, withdrawal, or abdication of the Ruler or his heir or heirs;
(c) the appointment and attributes of the Ruling Chiefs or similar Malay customary dignitaries and of members of religious or customary Advisory Councils or similar bodies;
(d) the establishment, regulation, confirmation and deprivation of Malay customary ranks, titles, honours, dignities and awards and the attributes of the holders thereof and the regulation of the royal courts and palaces.
(7) In this section “amendment” includes addition and repeal.

PROVISIONS IN RESPECT OF YANG DI-PERTUA NEGERI IN RELATION TO THE STATES OF MALACCA, PENANG, SABAH AND SARAWAK

Yang di-Pertua Negeri

19A. (1) There shall be a Yang di-Pertua Negeri of the State who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.

(2) The Yang di-Pertua Negeri shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Legislative Assembly of the State supported by votes of not less than two-thirds of the total number of its members.
(3) The Legislature may by law make provision for enabling the Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, to appoint a person to exercise the functions of the Yang di-Pertua Negeri during any period during which the Yang di-Pertua Negeri is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appointed unless he would be qualified to be appointed a Yang di-Pertua Negeri.
(4) A person appointed under subsection (3) may take the place of the Yang di-Pertua Negeri as a member of the Conference of Rulers during any period during which under that subsection he may exercise the functions of the Yang di-Pertua Negeri.

Qualifications and disabilities of Yang di-Pertua Negeri

19B. (1) A person who is not a citizen or is a citizen by naturalization or by registration under Article 17* of the Federal Constitution shall not be appointed a Yang di-Pertua Negeri.

(2) The Yang di-Pertua Negeri shall not hold any office of profit and shall not actively engage in any commercial enterprise.

*NOTE—This Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

Civil List of Yang di-Pertua Negeri

19C. The Legislature shall by law provide a Civil List of the Yang di-Pertua Negeri, which shall be charged on the Consolidated Fund and shall not be diminished during his continuance in office.

Oath of office of Yang di-Pertua Negeri

19D. (1) The Yang di-Pertua Negeri shall before exercising his functions take and subscribe in the presence of the Chief Judge or of a judge of the High Court, an oath or affirmation in the following form, that is to say: “I,……………………………………………………………………………………………………….having been appointed Yang di-Pertua Negeri of the State of…………………………do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of…………………………………………………………………………………………….and to the Federation of Malaysia, and that I will preserve, protect and defend the Constitution of the Federation of Malaysia and the Constitution of the State of………………………………………………..”.

(2) Any law made under subsection (3) of section 19A shall make provision corresponding (with necessary modifications) to subsection (1).

PART II
TEMPORARY PROVISIONS ALTERNATIVE TO PROVISIONS IN PART I

The Executive Council (alternative to section 2)

20. (1) The Ruler shall appoint an Executive Council.

(2) The Executive Council shall be appointed as follows, that is to say:

(a) the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a person who in his judgment is likely to command the confidence of the majority of the Assembly; and
(b) he shall on the advice of the Menteri Besar appoint not more than ten nor less than four other persons.
(3) Notwithstanding anything in this section, a person who is a citizen by naturalization or by registration under Article 17* of the Federal Constitution shall not be appointed Menteri Besar.
(4) In appointing a Menteri Besar the Ruler may, in his discretion, dispense with any provision in the Constitution of this State restricting his choice of a Menteri Besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section.
(5) The Executive Council shall be collectively responsible to the Legislative Assembly.
(6) The Menteri Besar shall cease to hold office at the expiration of a period of three months from the date of his appointment, unless before the expiration of that period a resolution of confidence in him has been passed by the Legislative Assembly; and if at any time he ceases to command the confidence of the majority of the members of the Legislative Assembly, then unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.
(7) Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, but any member of the Council may at any time resign his office.
(8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

*NOTE—This Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

Composition of Legislative Assembly (alternative to section 4)

21. (1) The Legislative Assembly shall consist of—

(a) such number of elected members as the Legislature may by law provide; and
(b) such number of other members, being less than the number of elected members, as the Ruler may appoint,
and, until other provision is made as aforesaid, the number of elected members shall be the number specified in Article 171* of the Federal Constitution.
(2) Notwithstanding anything in section 6 of the Eighth Schedule to the Federal Constitution, a person shall not be disqualified for being an appointed member of the Legislative Assembly by reason only that he holds an office of profit.

*NOTE—This Article has been repealed vide Constitution (Amendment) Act 1963 [Act 25/1963] w.e.f. 29 August 1963—see section 8 of Act 25/1963.

PART III
MODIFICATIONS OF PARTS I AND II IN RELATION TO MALACCA AND PENANG

22. In the application of Parts I and II of this Schedule to the State of Malacca and Penang references to the Yang di-Pertua Negeri shall be substituted for references to the Ruler, and the following shall be omitted, that is to say, paragraphs (c) to (g) of subsection 1(2), section 1A, subsection 2(4), subsection 19(2) and (6), subsection 20(4), in subsection 14(3) the words preceding “the sums to be shown under paragraph (b)” and in subsection 19(3) the word “other” in the first place where it occurs.

23. Part I of this Schedule shall apply to the States of Sabah and Sarawak as it applies to the States of Penang and Malacca.

 NINTH SCHEDULE
[Articles 74, 77]
Legislative Lists

List I—Federal List

1. External affairs, including—

(a) treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country;
(b) implementation of treaties, agreements and conventions with other countries;
(c) diplomatic, consular and trade representation;
(d) international organizations; participation in international bodies and implementation of decisions taken thereat;
(e) extradition; fugitive offenders; admission into, and emigration and expulsion from, the Federation;
(f) passports; visas; permits of entry or other certificates; quarantine;
(g) foreign and extra-territorial jurisdiction; and
(h) pilgrimages to places outside Malaysia.

2. Defence of the Federation or any part thereof, including—

(a) naval, military and air forces and other armed forces;
(b) any armed forces attached to or operating with any of the armed forces of the Federation; visiting forces;
(c) defence works; military and protected areas; naval, military and air force bases; barracks, aerodromes and other works;
(d) manoeuvres;
(e) war and peace; alien enemies and enemy aliens; enemy property; trading with an enemy; war damage; war risk insurance;
(f) arms, fire-arms, ammunition and explosives;
(g) national service; and
(h) civil defence.

3. Internal security, including—

(a) police; criminal investigation; registration of criminals; public order;
(b) prisons; reformatories; remand homes; places of detention; probation of offenders; juvenile offenders;
(c) preventive detention; restriction of residence;
(d) intelligence services; and
(e) national registration.

4. Civil and criminal law and procedure and the administration of justice, including—

(a) constitution and organization of all courts other than Syariah Courts;
(b) jurisdiction and powers of all such courts;
(c) remuneration and other privileges of the judges and officers presiding over such courts;
(d) persons entitled to practise before such courts;
(e) subject to paragraph (ii), the following:

(i) contract; partnership, agency and other special contracts; master and servant; inns and inn-keepers; actionable wrongs; property and its transfer and hypothecation, except land; bona vacantia; equity and trusts; marriage, divorce and legitimacy; married women’s property and status; interpretation of federal law; negotiable instruments; statutory declarations; arbitration; mercantile law; registration of businesses and business names; age of majority; infants and minors; adoption; succession, testate and intestate; probate and letters of administration; bankruptcy and insolvency; oaths and affirmations; limitation; reciprocal enforcement of judgments and orders; the law of evidence;
(ii) the matters mentioned in paragraph (i) do not include Islamic personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate and intestate;
(f) official secrets; corrupt practices;
(g) use or exhibition of coats of arms, armorial bearings, flags, emblems, uniforms, orders and decorations other than those of a State;
(h) creation of offences in respect of any of the matters included in the Federal List or dealt with by federal law;
(i) indemnity in respect of any of the matters in the Federal List or dealt with by federal law;
(j) admiralty jurisdiction;
(k) ascertainment of Islamic law and other personal laws for purposes of federal law; and
(l) betting and lotteries.

5. Federal citizenship and naturalization; aliens.

6. The machinery of government, subject to the State List, but including—

(a) elections to both Houses of Parliament and the Legislative Assemblies of the States and all matters connected therewith;
(b) the Armed Forces Council and the Commissions to which Part X applies;
(c) federal services including the establishment of services common to the Federation and the States; services common to two or more States;
(d) pensions and compensation for loss of office; gratuities and conditions of service;
(e) government and administration of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya including Islamic law therein to the same extent as provided in item 1 in the State List and in respect of the Federal Territory of Labuan, native law and custom to the same extent as provided in item 13 of the Supplement to State List for States of Sabah and Sarawak;
(f) federal Government contracts;
(g) federal public authorities; and
(h) purchase, acquisition and holding of, and dealing with, property for federal purposes.

7. Finance, including—

(a) currency, legal tender and coinage;
(b) national savings and savings banks;
(c) borrowing on the security of the Federal Consolidated Fund;
(d) loans to or borrowing by the States, public authorities and private enterprise;
(e) public debt of the Federation;
(f) financial and accounting procedure, including procedure for the collection, custody and payment of the public moneys of the Federation and of the States, and the purchase, custody and disposal of public property other than land of the Federation and of the States;
(g) audit and accounts of the Federation and the States and other public authorities;
(h) taxes; rates in the federal capital;
(i) fees in respect of any of the matters in the Federal List or dealt with by federal law;
(j) banking; money-lending; pawnbrokers; control of credit;
(k) bills of exchange, cheques, promissory notes and other similar instruments;
(l) foreign exchange; and
(m) capital issues; stock and commodity exchanges.

8. Trade, commerce and industry, including—

(a) production, supply and distribution of goods; price control and food control; adulteration of foodstuffs and other goods;
(b) imports into, and exports from, the Federation;
(c) incorporation, regulation and winding up of corporations other than municipal corporations (but including the municipal corporation of the federal capital); regulation of foreign corporations; bounties on production in or export from the Federation;
(d) insurance, including compulsory insurance;
(e) patents; designs, inventions; trade marks and mercantile marks; copyrights;
(f) establishment of standards of weights and measures;
(g) establishment of standards of quality of goods manufactured in or exported from the Federation;
(h) auctions and auctioneers;
(i) industries; regulation of industrial undertakings;
(j) subject to item 2(c) in the State List: Development of mineral resources; mines, mining, minerals and mineral ores; oils and oilfields; purchase, sale, import and export of minerals and mineral ores; petroleum products; regulation of labour and safety in mines and oilfields;
(k) factories; boilers and machinery; dangerous trades; and
(l) dangerous and inflammable substances.

9. Shipping, navigation and fisheries, including—

(a) shipping and navigation on the high seas and in tidal and inland waters;
(b) ports and harbours; foreshores;
(c) lighthouses and other provisions for the safety of navigation;
(d) maritime and estuarine fishing and fisheries, excluding turtles;
(e) light dues; and
(f) wrecks and salvage.

10. Communications and transport, including—

(a) roads, bridges, ferries and other means of communication if declared to be federal by or under federal law;
(b) railways, excluding Penang Hill Railway;
(c) airways, aircraft and air navigation; civil aerodromes; provisions for the safety of aircraft;
(d) regulation of traffic by land, water and air other than on rivers outside harbour areas wholly within one State;
(e) carriage of passengers and goods by land, water and air;
(f) mechanically propelled vehicles;
(g) posts and telecommunications; and
(h) wireless, broadcasting and television.

11. Federal works and power, including—

(a) public works for federal purposes;
(b) water supplies, rivers and canals, except those wholly within one State or regulated by an agreement between all the States concerned; production, distribution and supply of water power; and
(c) electricity; gas and gas works; and other works for the production and distribution of power and energy.

12. Surveys, inquiries and research, including—

(a) census; registration of births and deaths; registration of marriages; registration of adoptions other than adoptions under Islamic law or Malay custom;
(b) survey of the Federation; social, economic and scientific surveys; meteorological organizations;
(c) scientific and technical research; and
(d) commissions of inquiry.

13. Education, including—

(a) elementary, secondary, and university education; vocational and technical education; training of teachers; registration and control of teachers, managers and schools; promotion of special studies and research; scientific and literary societies;
(b) libraries; museums; ancient and historical monuments and records; archaeological sites and remains.

14. Medicine and health including sanitation in the federal capital, and including—

(a) hospitals, clinics and dispensaries; medical profession; maternity and child welfare; lepers and leper institutions;
(b) lunacy and mental deficiency, including places for reception and treatment;
(c) poisons and dangerous drugs; and
(d) intoxicating drugs and liquors; manufacture and sale of drugs.

15. Labour and social security, including—

(a) trade unions; industrial and labour disputes; welfare of labour including housing of labourers by employers; employer’s liability and workmen’s compensation;
(b) unemployment insurance; health insurance; widows’, orphans’ and old age pensions; maternity benefits; provident and benevolent funds; superannuation; and
(c) charities and charitable institutions; charitable trusts and trustees excluding Wakafs; Hindu endowments.

16. Welfare of the aborigines.

17. Professional occupations other than those specifically enumerated.

18. Holidays other than State holidays; standard of time.

19. Unincorporated societies.

20. Control of agricultural pests; protection against such pests; prevention of plant diseases.

21. Newspapers; publications; publishers; printing and printing presses.

22. Censorship.

23. Subject to item 5(f) of the State List: theatres; cinemas; cinematograph films; places of public amusement.

24. (Repealed).

25. Co-operative societies.

25A. Tourism.

26. Subject to item 9A of the Concurrent List, prevention and extinguishment of fire, including fire services and fire brigades.

27. All matters relating to the Federal Territories, including the matters enumerated in items 2, 3, 4 and 5 of the State List and in the case of Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to State List for States of Sabah and Sarawak.

List II—State List

1. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, partitions and non-charitable trusts; Wakafs and the definition and regulation of charitable and religious trusts, the appointment of trustees and the incorporation of persons in respect of Islamic religious and charitable endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs; Zakat, Fitrah and Baitulmal or similar Islamic religious revenue; mosques or any Islamic public place of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organization and procedure of Syariah courts, which shall have jurisdiction only over persons professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law; the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine and Malay custom.

2. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, land including—

(a) land tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction;
(b) Malay reservations or, in the States of Sabah and Sarawak, native reservations;
(c) permits and licences for prospecting for mines; mining leases and certificates;
(d) compulsory acquisition of land;
(e) transfer of land, mortgages, leases and charges in respect of land; easements; and
(f) escheat; treasure trove excluding antiquities.

3. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, agriculture and forestry, including—

(a) agriculture and agricultural loans; and
(b) forests.

4. Local government outside the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, including—

(a) local administration; municipal corporations; local, town and rural board and other local authorities; local government services, local rates, local government elections;
(b) obnoxious trades and public nuisances in local authority areas; and
(c) (Repealed).

5. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, other services of a local character, that is to say:

(a) (Repealed);
(b) boarding houses and lodging houses;
(c) burial and cremation grounds;
(d) pounds and cattle trespass;
(e) markets and fairs; and
(f) licensing of theatres, cinemas and places of public amusement.

6. State works and water, that is to say:

(a) public works for State purposes;
(b) roads, bridges and ferries other than those in the Federal List, regulation of weight and speed of vehicles on such roads; and
(c) subject to the Federal List, water (including rivers and canals but excluding water supplies and services); control of silt; riparian rights.

7. Machinery of the State Government, subject to the Federal List, but including—

(a) Civil List and State pensions;
(b) exclusive State services;
(c) borrowing on the security of the State Consolidated Fund;
(d) loans for State purposes;
(e) public debt of the State; and
(f) fees in respect of any of the matters included in the State List or dealt with by State law.

8. State holidays.

9. Creation of offences in respect of any of the matters included in the State List or dealt with by State law, proofs of State law and of things done thereunder, and proof of any matter for purposes of State law.

10. Inquiries for State purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in the State List or dealt with by State law.

11. Indemnity in respect of any of the matters in the State List or dealt with by State law.

12. Turtles and riverine fishing.

12A. Libraries, museums, ancient and historical monuments and records and archaeological sites and remains, other than those declared to be federal by or under federal law.

List IIA—Supplement to State List for States of Sabah and Sarawak
[Article 95B(1)(a)]

13. Native law and custom, including the personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate; registration of adoptions under native law or custom; the determination of matters of native law or custom; the constitution, organization, and procedure of native courts (including the right of audience in such courts), and the jurisdiction and powers of such courts, which shall extend only to the matters included in this paragraph and shall not include jurisdiction in respect of offences except in so far as conferred by federal law.

14. Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and winding up of corporations so created.

15. Ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the State, except traffic in federal ports or harbours; foreshores.

16. Cadastral land surveys.

17. (Repealed).

18. In Sabah, the Sabah Railway.

19. (Repealed).

20. Subject to the Federal List, water supplies and services.

(List IIB—Supplement to State List for Singapore (Repealed))List III—Concurrent List

1. Social welfare; social services subject to Lists I and II; protection of women, children and young persons.

2. Scholarships.

3. Protection of wild animals and wild birds; National Parks.

4. Animal husbandry; prevention of cruelty to animals; veterinary services; animal quarantine.

5. Town and country planning, except in the federal capital.

6. Vagrancy and itinerant hawkers.

7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.

8. Drainage and irrigation.

9. Rehabilitation of mining land and land which has suffered soil erosion.

9A. Fire safety measures and fire precautions in the construction and maintenance of buildings.

9B. Culture and sports.

9C. Housing and provisions for housing accommodation; improvement trusts.

9D. Subject to the Federal List, water supplies and services.

9E. Preservation of heritage.

List IIIA—Supplement to Concurrent List for States of Sabah and Sarawak
[Article 95B(1)(b)]

10. Personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate.

11. Adulteration of foodstuffs and other goods.

12. Shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping; maritime and estuarine fishing and fisheries.

13. The production, distribution and supply of water power and of electricity generated by water power.

14. Agricultural and forestry research, control of agricultural pests, and protection against such pests; prevention of plant diseases.

15. Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the State) and their trustees, including the incorporation thereof and the regulation and winding up of incorporated charities and charitable institutions in the State.

16. Theatres; cinemas; cinematograph films; places of public amusement.

17. Elections to the State Assembly held during the period of indirect elections.

18. In Sabah until the end of the year 1970 (but not in Sarawak), medicine and health, including the matters specified in items 14(a) to (d) of the Federal List.

(List IIIB—Supplement to Concurrent List for Singapore (Repealed))

TENTH SCHEDULE
[Articles 109, 112C, 161C(3)*]
Grants and Sources of Revenue Assigned to States

*NOTE—This Article was repealed by Act A354, section 46, in force from 27-08-1976—see section 46 of Act A354.

PART I
CAPITATION GRANT

1. (1) The capitation grant payable to each State in respect of a financial year shall be at the following rates:

(a) for the first 100,000 persons at the rate of RM72.00 per person;
(b) for the next 500,000 persons at the rate of RM10.20 per person;
(c) for the next 500,000 persons at the rate of RM10.80 per person;
(d) for the remainder at the rate of RM11.40 per person,
and shall be based on the annual population projections of the State as determined by the Federal Government and calculated as of the last population census:

Provided that if the last census was taken one year before the beginning of the financial year, the grant for that particular year shall be based on the population as determined by that population census.
(2) (Repealed)

PART II
STATE ROAD GRANT

2. The State road grant payable to each of the States of Malaya in respect of a financial year shall be calculated by multiplying—

(a) the average cost to a State of maintaining a mile of State road at the minimum standard determined for State roads in those States by the Federal Government after consultation with the National Finance Council; by
(b) so much of the mileage of State roads in that State as qualifies for grant.

3. For the purpose of section 2—

(a) the mileage of State roads in a State shall be taken to be that mileage as on the thirty-first day of December of the preceding financial year, and the average cost mentioned in paragraph (a) of that section shall be taken to be the average cost in that State calculated in the preceding financial year; and
(b) the maintenance of State roads means the preservation, upkeep and restoration of State roads, roadside furniture, bridges, viaducts or culverts forming part thereof or connected therewith as nearly as possible in their original condition as constructed or as subsequently improved.

4. A length of State road if it is actually maintained by the Public Works Department of the State at or above the minimum standard mentioned in section 2(a) and a length of any road within the limit of a local authority if such road is certified by the Public Works Department of the State as coming within the qualifying standard and maintained at or above the minimum standard as mentioned in section 2(a) qualify for grant.

5. In this Part of this Schedule, “State road” means any public road other than a federal road, and any other road other than a federal road to which the public has access.

6. (1) The State road grant payable to Sabah or Sarawak shall, in each of the years 1964 and 1965, be payable at the rate of RM4,500 a mile in respect of a mileage in Sabah of 1,151 miles and in Sarawak of such amount as may be agreed between the Federal and State Governments.

(2) Thereafter sections 2 to 5 shall apply to the State road grant so payable with the following modifications:

(a) the minimum standard mentioned in section 2(a) shall be the minimum standard determined for State roads in the State; and
(b) any length of road maintained by a local authority at the expense of the State shall be treated as maintained by the Public Works Department of the State.

PART III
SOURCES OF REVENUE ASSIGNED TO STATES

1. Revenue from toddy shops.

2. Revenue from lands, mines and forests.

3. Revenue from licences other than those connected with water supplies and services, mechanically propelled vehicles, electrical installations and registration of businesses.

4. Entertainments duty.

5. Fees in courts other than federal courts.

6. Fees and receipts in respect of specific services rendered by departments of State Governments.

7. Revenue of town boards, town councils, rural boards, local councils and similar local authorities other than—

(a) municipalities established under any Municipal Ordinance;
(b) those town boards, town councils, rural boards, local councils and similar local authorities which have power under written law to retain their revenues and control the spending thereof.

8. Receipts in respect of raw water.

9. Rents on State property.

10. Interest on State balances.

11. Receipts from land sales and sales of State property.

12. Fines and forfeitures in courts other than federal courts.

13. Zakat, Fitrah and Baitulmal and similar Islamic religious revenue.

14. Treasure trove.

PART IV
SPECIAL GRANTS TO STATES OF SABAH AND SARAWAK

1. (1) In the case of Sarawak a grant of RM5,800,000 in each year.

(2) In the case of Sarawak, a grant of which the amount in 1964 and each of the four following years shall be respectively RM3½m., RM7m., RM11½m., RM16m. and RM21m., and in later years shall be fixed on a review under Article 112D.

2. (1) In the case of Sabah, a grant of amount equal in each year to two-fifths of the amount by which the net revenue derived by the Federation from Sabah exceeds the net revenue which would have been so derived in the year 1963 if—

(a) the Malaysia Act had been in operation in that year as in the year 1964; and
(b) the net revenue for the year 1963 were calculated without regard to any alteration of any tax or fee made on or after Malaysia Day, (“net revenue” meaning for this purpose the revenue which accrues to the Federation, less the amounts received by the State in respect of assignments of that revenue).
(2) In the case of Sabah, for any year before 1968 in which the State road grant is less than RM5,179,500, a supplement to that grant of an amount equal to the deficiency.

3. In either case, for any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or to mechanically propelled road vehicles, then during the continuance of that power, a grant equal to the cost to the State in the year of the State road transport department.

PART V
ADDITIONAL SOURCES OF REVENUE ASSIGNED TO STATES OF SABAH AND SARAWAK

1. Import duty and excise duty on petroleum products.

2. Export duty on timber and other forest produce.

3. So long as the royalty levied by the State on any mineral chargeable with export duty other than tin (but including mineral oils) does not amount to 10 per cent ad valorem calculated as for export duty, export duty on that mineral or such part of the export duty as makes the total of royalty and duty on exported mineral up to 10 per cent ad valorem so calculated.

4. In the case of Sabah, so long as medicine and health remains an item in the Concurrent List and expenses in respect of that item are borne by the State, 30 per cent of all customs revenue other than that in respect of the duties mentioned in sections 1, 2 and 3.

5. For any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or with respect to mechanically propelled road vehicles or licences connected with those vehicles, then during the continuance of that power, fees from such licences.

6. For any year before 1974, and if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the registration of mechanically propelled vehicles, then during the continuance of that power, fees from the registration of such vehicles.

7. State sales taxes.

8. Fees and dues from ports and harbours other than federal ports and harbours.

9. Receipts in respect of water supplies and services, including water rates.

10. Revenue from licences connected with water supplies and services.

ELEVENTH SCHEDULE
[Article 160(1)]
Provisions of the Interpretation and General Clauses Ordinance 1948
(Malayan Union Ordinance No. 7 of 1948), Applied for Interpretation of the Constitution

Section Subject Matter
2(56) Meaning of “month”—

“month” means calendar month according to the Gregorian calendar.
2(61) Meaning of “person” and “party”—

“person” and “party” includes any body of persons, corporate or unincorporate.
2(88) Definition of “subsidiary legislation”—

“subsidiary legislation” means any Order in Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.
2(94) Construction of masculine gender—

words importing the masculine gender include females.
2(95) Construction of singular or plural—

words in the singular include the plural, and words in the plural include the singular.
2(96) Meaning of “writing”—

“writing” and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form.
2(98) Meaning of “year”—

“year” means a year reckoned according to the Gregorian calendar.
7 Forms—

Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.
13 Effect of repeal—

Where a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall not—

(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any written law so repealed or anything duly done or suffered under any written law so repealed; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or
(e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.
21 (Repealed).
23 General provisions with respect to power given to any authority to make subsidiary legislation—

Where an Ordinance or Enactment confers power on any authority to make subsidiary legislation, such subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made.
28 Construction of provisions as to exercise of powers and duties—

(1) Where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(2) Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.
29 Power to appoint includes power to dismiss—

Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place:

Provided that where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority.
30 Construction of enabling words—

Where a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
32 Official designation to include officer executing duties—

When reference is made in any written law, instrument, warrant or process of any kind made or issued by the Yang di-Pertuan Agong, or a Ruler or any body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such officer shall include the officer for the time being executing the duties of such office or any portion of such duties.
33 Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability—

(1) Where by or under any written law any powers are conferred or any duties are imposed upon a public officer, the Yang di-Pertuan Agong or, in the case of a public officer borne on the establishment of a State, the Ruler of that State, may direct that if, during any period, owing to absence or inability to act from illness or any other cause, such public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by a person named by, or by a public officer holding the office designated by, the Yang di-Pertuan Agong or Ruler, as the case may be; and thereupon such person or public officer, during any period as aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid subject to such conditions, exceptions and qualifications as the Yang di-Pertuan Agong or Ruler may direct.
(2) Without prejudice to the provisions of subsection (1), when a substantive holder of any office is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed substantively in his place.
33C Powers of board, etc., not affected by vacancy, etc.—

Where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers and proceedings of such board, commission, committee or similar body shall not be affected by—

(a) any vacancy in the membership thereof;
(b) any defects afterwards discovered in the appointment or qualification of a person purporting to be a member thereof; or
(c) any minor irregularity in the convening of any meeting thereof.
35 (Repealed).
36 Computation of time—

In computing time for the purposes of any written law, unless the contrary intention appears—

(a) a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done;
(b) if the last day of the period is a weekly holiday or a public holiday (which days are in this section referred to as excluded days) the period shall include the next following day not being an excluded day;
(c) when any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day;
(d) when an act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time.
38 Provision when no time prescribed—

When no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and so often as the prescribed occasion arises.
39 Construction of power of extending time—

Where in any written law a time is prescribed for doing any act or taking any proceeding and power is given to a court or other authority to extend such time, unless the contrary intention appears the power may be exercised by the court or other authority although the application for the same is not made until after the expiration of the time prescribed.
40A Solicitor General to exercise powers of Attorney General—

(1) Unless in any written law it is otherwise expressly provided, the Solicitor General may perform any of the duties and may exercise any of the powers of the Attorney General.
(2) Where the Yang di-Pertuan Agong or any other person has lawfully delegated his powers to the Attorney General such delegation shall, unless otherwise expressly provided, be deemed to be delegation of powers to both the Attorney General and the Solicitor General.
42 Public officers—

A reference in any written law to any public officer by the usual or common title of his office shall, if there be such an office customarily in the Federation or any State and unless the contrary intention appears, be read and construed as referring to the person for the time being holding or carrying out the duties of that office in the Federation or State, as the case may be.
44 Construction of references to laws—

In any written law a description or citation of a portion of another written law shall, unless a contrary intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.
46 (Repealed).

TWELFTH SCHEDULE

Provisions of the Federation of Malaya Agreement, 1948
as Applied to the Legislative Council after Merdeka Day

(Repealed)

THIRTEENTH SCHEDULE

[Articles 113, 116, 117]
Provisions relating to delimitation of Constituencies

PART I
DECLARATION OF AND PRINCIPLES RELATING TO THE DELIMITATION OF CONSTITUENCIES

1. The constituencies for the election of members to the House of Representatives and the Legislative Assemblies of the States shall, until altered in accordance with the provisions of this Schedule, be those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act.

2. The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of Articles 116 and 117—

(a) while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross State boundaries and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies;
(b) regard ought to be had to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines;
(c) the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies;
(d) regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties.

3. For the purposes of this Part, the number of electors shall be taken to be as shown on the current electoral rolls.

3A. For the purposes of this Part, in any review of constituencies for the purposes of election to the House of Representatives, the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya shall each be regarded as a State.

PART II
PROCEDURE FOR DELIMITATION OF CONSTITUENCIES

4. Where the Election Commission have provisionally determined to make recommendations under Clause (2) of Article 113 affecting any constituency, they shall inform the Speaker of the House of Representatives and the Prime Minister accordingly, and shall publish in the Gazette and in at least one newspaper circulating in the constituency a notice stating—

(a) the effect of their proposed recommendations, and (except in a case where they propose to recommend that no alteration be made in respect of the constituency) that a copy of their recommendations is open to inspection at a specified place within the constituency; and
(b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of such notice,
and the Commission shall take into consideration any representations duly made in accordance with any such notice.

5. Where, on the publication of the notice under section 4 of a proposed recommendation of the Election Commission for the alteration of any constituencies, the Commission receive any representation objecting to the proposed recommendation from—

(a) the State Government or any local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation; or
(b) a body of one hundred or more persons whose names are shown on the current electoral rolls of the constituencies in question,
the Commission shall cause a local enquiry to be held in respect of those constituencies.

6. In relation to any enquiry held under section 5 the Election Commission shall have all the powers conferred on Commissioners by the Commissions of Enquiry Act 1950 [Act 119].

7. Where the Election Commission revise any proposed recommendations after publishing a notice thereof under section 4, the Commission shall comply again with that section in relation to the revised recommendations, as if no earlier notice had been published:

Provided that it shall not be necessary to hold more than two local enquiries in respect of any such recommendations.

8. The Election Commission shall, having completed the procedure prescribed by this Part, submit to the Prime Minister a report on constituencies showing—

(a) the constituencies into which they recommend that each unit of review should be divided in order to give effect to the principles set out in section 2; and
(b) the names by which they recommend that those constituencies shall be known,

or stating that in their opinion no alteration is required to be made in order to give effect to the said principles.

9. As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report before the House of Representatives, together (except in a case where the report states that no alteration is required to be made) with the draft of an Order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report.

10. If any draft Order referred to in section 9 is approved by the House of Representatives by resolution supported by the votes of not less than one-half of the total number of members of that House, the Prime Minister shall submit the draft Order to the Yang di-Pertuan Agong.

11. If a motion for the approval of any draft Order referred to in section 9 is rejected by the House of Representatives, or is withdrawn by leave of the House, or is not supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister may, after such consultation with the Election Commission as he may consider necessary, amend the draft and lay the amended draft before the House of Representatives; and if the draft as so amended is approved by the House by a resolution supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister shall submit the amended draft to the Yang di-Pertuan Agong.

12. Where the draft of an Order is submitted to the Yang di-Pertuan Agong under this Part, the Yang di-Pertuan Agong shall make an Order in the terms of the draft submitted to him, and the Order shall come into force on such date as may be specified therein:

Provided that the coming into force of any such Order shall not affect any election to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after that date.
Devider

CONSTITUTION OF THE REPUBLIC OF SINGAPORE

Table of Contents
Constitution of the Republic of Singapore
(CHAPTER CONST)
Part I Preliminary
1 Citation
2 Interpretation
Part II The Republic and the Constitution
3 Republic of Singapore
4 Supremacy of Constitution
5 Amendment of Constitution
5A (Repealed)
Part III Protection of the Sovereignty of the Republic of Singapore
6 No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum
7 Participation in co-operative international schemes which are beneficial to Singapore
8 No amendment to this Part except by referendum
Part IV Fundamental Liberties
9 Liberty of the person
10 Slavery and forced labour prohibited
11 Protection against retrospective criminal laws and repeated trials
12 Equal protection
13 Prohibition of banishment and freedom of movement
14 Freedom of speech, assembly and association
15 Freedom of religion
16 Rights in respect of education
Part V The Government
Chapter 1 — The President
17 The President
17A Election of President
18 Presidential Elections Committee
19 Qualifications of President
19A Disabilities of President
19B Reserved election for community that has not held office of President for 5 or more consecutive terms
20 Term of office
21 Discharge and performance of functions of President
21A General time limit for President to exercise discretionary powers
22 Appointment of public officers, etc.
22A Appointment of members of statutory boards
22B Budgets of statutory boards
22C Appointment of directors of Government companies
22D Budgets of Government companies
22E Moneys of the Central Provident Fund
22F President’s access to information
22G Concurrence of President for certain investigations
22H President may withhold assent to certain Bills
22I Restraining order under Maintenance of Religious Harmony Act
22J Civil List and personal staff of President
22K Immunity of President from suit
22L Vacation of and removal from office of President
22M Determination by Election Judge that President was not duly elected or election of President was void
22N Persons to exercise functions of President when office is vacant
22O Temporary disability of President
22P Grant of pardon, etc.
Chapter 2 — The Executive
23 Executive authority of Singapore
24 Cabinet
25 Appointment of Prime Minister and Ministers
26 Tenure of office of Prime Minister and Ministers
27 Oath
28 Summoning of and presiding in Cabinet
29 Validity of proceedings in Cabinet
30 Assignment of responsibility to Ministers
31 Parliamentary Secretaries
32 Leave of absence for Ministers and Parliamentary Secretaries
33 Disabilities of Ministers and Parliamentary Secretaries
34 Permanent Secretaries
35 Attorney-General
35A Deputy Attorneys-General
36 Secretary to Cabinet
Chapter 3 — Capacity as regards property, contracts and suits
37 Capacity of Government as regards property, contracts and suits
Part VA Council of Presidential Advisers
37A Interpretation of this Part
37B Council of Presidential Advisers
37C Alternate members
37D Qualifications of members and considerations in appointing members
37E Disqualifications of members
37F Termination of membership
37G Determination of questions as to membership
37H Oaths of Allegiance and Secrecy
37I Function of Council
37IA President’s general duty to consult Council
37IB President to immediately refer to Council certain cases concerning veto powers
37IC Referred cases — time limit for Council to make recommendation
37ID Referred cases — matters to be stated in Council’s recommendation, etc.
37IE Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.
37IF Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation
37IG Quorum and voting
37J Proceedings of Council
37K (Repealed)
37L Fees
37M Appointment of staff
Part VI The Legislature
38 Legislature of Singapore
39 Parliament
39A Group representation constituencies
40 Speaker
41 Remuneration of Speaker
42 Deputy Speaker
43 Performance of functions of Speaker
44 Qualifications for membership of Parliament
45 Disqualifications for membership of Parliament
46 Tenure of office of Members
47 Provision against double membership
48 Decision on questions as to disqualification
49 Filling of vacancies
50 Penalty for unqualified persons sitting or voting in Parliament
51 Staff of Parliament
52 Standing Orders
53 Use of languages in Parliament
54 Presiding in Parliament
55 Validity of proceedings of Parliament
56 Quorum
57 Voting
58 Exercise of legislative power
59 Introduction of Bills
60 Words of enactment of laws
61 Oath of Allegiance
62 Address by President
63 Privileges of Parliament
64 Sessions of Parliament
65 Prorogation and dissolution of Parliament
66 General elections
67 Remuneration of Members
Part VII The Presidential Council for Minority Rights
68 Interpretation of this Part
69 Establishment of Presidential Council for Minority Rights
70 Temporary appointment during incapacity of member
71 Qualifications of members
72 Disqualifications of members
73 Termination of membership
74 Determination of questions as to membership
75 Oaths of Allegiance and Secrecy
76 General function of Council
77 Functions of Council in respect of Bills and subsidiary legislation
78 Copies of Bills and amendments thereto to be sent to Council
79 Functions of Council in regard to Bills enacted on a certificate of urgency
80 Functions of Council in regard to subsidiary legislation
81 Functions of Council in regard to certain written law
82 Duties of Chairman
83 Quorum and voting
84 Proceedings of Council to be in private
85 Council’s report
86 Validity of proceedings notwithstanding vacancy in membership
87 Attendance of Minister, etc.
88 Power of Council to make rules regulating procedure
89 Annual report
90 Salaries and fees
91 Appointment of staff
92 Power to make rules generally
Part VIII The Judiciary
93 Judicial power of Singapore
93A Jurisdiction to determine questions as to validity of Presidential election
94 Constitution of Supreme Court
95 Appointment of Judges of Supreme Court, etc.
96 Qualifications of Judges of Supreme Court
97 Oath of Office of Judges of Supreme Court, etc.
98 Tenure of office and remuneration of Judges of Supreme Court, etc.
99 Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court
100 Advisory opinion
101 Definition of office
Part IX The Public Service
102 Public services
103 Interpretation of this Part
104 Tenure of public office
105 Public Service Commission
106 Disqualification for appointment to Commission
107 Tenure of office
108 Terms of service of Chairman and members of Commission
109 Secretary to Commission
110 Appointment, etc., of public officers
110A (Repealed)
110B (Repealed)
110C (Repealed)
110D Personnel boards
111 Legal Service Commission
111AA Personnel boards of Singapore Legal Service
111A Promotion to significant grade
112 Protection of pension rights
113 Power of Public Service Commission and Legal Service Commission in relation to pensions, etc.
114 Pensions, etc., to be charged on Pension Fund or Consolidated Fund
115 Pension rights on transfer
116 Regulations regarding public service
117 (Repealed)
118 Performance by Public Service Commission of other functions
119 Reports of Commissions
Part X Citizenship
120 Status of citizen of Singapore
121 Citizenship by birth
122 Citizenship by descent
123 Citizenship by registration
124 Registration of minors
125 Effect of registration
126 General provisions as to registration
127 Citizenship by naturalisation
128 Renunciation of citizenship
129 Deprivation of citizenship
130 Deprivation of citizenship of child of person losing citizenship
131 General provisions as to loss of citizenship
132 Cancellation of enrolment as citizen
133 Procedure for deprivation
134 Deprivation of citizenship on acquisition of foreign citizenship
135 Deprivation of citizenship on exercise of rights of foreign nationals, etc.
136 Termination of citizenship of Malaysia
137 Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship
138 Grant of certificate of citizenship in cases of doubt
139 Commonwealth citizenship
140 Application of Third Schedule
141 Repeal
Part XI Financial Provisions
142 Interpretation of this Part
143 No taxation unless authorised by law
144 Restriction on loans, guarantees, etc.
145 Consolidated Fund
146 Withdrawal from Consolidated Fund, etc.
147 Annual estimates and financial statements
148 Authorisation of expenditure from Consolidated Fund and Development Fund
148A Withholding of assent to Supply Bill, etc.
148B Power to authorise expenditure on account, etc., or for unspecified purposes
148C Contingencies Funds
148D (Repealed)
148E Debt charges and moneys required to satisfy judgments
148F Appointment of Auditor-General
148G Duty to inform President of certain transactions
148H Publication of President’s opinion regarding certain liabilities of the Government
148I Transfer of Government’s past reserves
Part XII Special Powers against Subversion and Emergency Powers
149 Legislation against subversion
150 Proclamation of Emergency
151 Restrictions on preventive detention
151A Defence and security measures
Part XIII General Provisions
152 Minorities and special position of Malays
153 Muslim religion
153A Official languages and national language
154 Impartial treatment of Government employees
154A Exemption
155 Authorised reprints of Constitution
156 (Repealed)
Part XIV Transitional Provisions
157 Existing Standing Orders
158 Public officers to continue in office
159 Terms of service of persons who continue in office
160 Succession to property
161 (Repealed)
162 Existing laws
163 Person holding office of President immediately prior to 30th November 1991 to continue to hold such office
164 Transitional provisions for Article 19B
165 Transitional provisions for Council of Presidential Advisers
FIRST SCHEDULE Forms of Oaths
SECOND SCHEDULE Oath of Renunciation, Allegiance and Loyalty
THIRD SCHEDULE Citizenship
FOURTH SCHEDULE Appointment of Nominated Members of Parliament
FIFTH SCHEDULE Key Statutory Boards and Government Companies

Devider

(Original Enactment: S 1/63)
[9th August 1965]

PART I

PRELIMINARY
Citation

1. This Constitution may be cited as the Constitution of the Republic of Singapore.
Interpretation
2.—(1) In this Constitution, unless it is otherwise provided or the context otherwise requires —
“Cabinet” means the Cabinet constituted under this Constitution;
“Civil List” means the provision made under Article 22J for the maintenance of the President;
“citizen of Singapore” means any person who, under the provisions of this Constitution, has the status of a citizen of Singapore;
“commencement”, used with reference to this Constitution, means 9th August 1965;
“Consolidated Fund” means the Consolidated Fund established by this Constitution;
“Council of Presidential Advisers” means the Council of Presidential Advisers constituted under Part VA;
“existing law” means any law having effect as part of the law of Singapore immediately before the commencement of this Constitution;
“Government” means the Government of Singapore;
“Judge of the Supreme Court” means the Chief Justice, a Judge of Appeal or a Judge of the High Court;
[Act 39 of 2014 wef 01/01/2015]
“law” includes written law and any legislation of the United Kingdom or other enactment or instrument whatsoever which is in operation in Singapore and the common law in so far as it is in operation in Singapore and any custom or usage having the force of law in Singapore;
“Legal Service Commission” means the Legal Service Commission constituted under this Constitution;
“Legislature” means the Legislature of Singapore;
“Minister” means a Minister appointed under this Constitution;
“office of profit” means, subject to clause (5), any whole time office in the public service;
“Parliament” means the Parliament of Singapore;
“President” means the President of Singapore elected under this Constitution and includes any person for the time being exercising the functions of the office of President;
“Presidential Elections Committee” means the Presidential Elections Committee constituted under Article 18;
“Prime Minister” means the Prime Minister of Singapore appointed under this Constitution;
“public office” means, subject to clause (5), an office of emolument in the public service;
“public officer” means the holder of any public office;
“public seal” means the public seal of Singapore;
“public service” means service under the Government;
“Public Service Commission” means the Public Service Commission constituted under this Constitution;
“register of electors” means any register of electors prepared under the provisions of any written law for the time being in force relating to Parliamentary elections;
“remuneration”, in respect of any public officer, means only the emoluments of that officer, the whole or any part of which count for pension or gratuity in accordance with the provisions of any law relating to the grant of pensions or gratuities in respect of the public service;
[Act 39 of 2014 wef 01/01/2015]
“reserves”, in relation to the Government, a statutory board or Government company, means the excess of assets over liabilities of the Government, statutory board or Government company, as the case may be;
“session” means the sittings of Parliament commencing when it first meets after being constituted, or after its prorogation or dissolution at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued;
“Singapore” means the Republic of Singapore;
“sitting” means a period during which Parliament is sitting continuously without adjournment, including any period during which Parliament is in committee;
“Speaker” and “Deputy Speaker” mean, respectively, the Speaker and a Deputy Speaker of Parliament;
“term of office”, in relation to the Government, means the period —
(a) commencing on the date the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after a general election; and
(b) ending after the next general election on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27;

“terms of service”, in respect of any officer, includes the remuneration to which that officer is entitled by virtue of his office, and any pension, gratuity or other like allowance payable to or in respect of that officer;
“written law” means this Constitution and all Acts and Ordinances and subsidiary legislation for the time being in force in Singapore.
(2) Except where this Constitution otherwise provides or where the context otherwise requires —
(a) the person or authority having power to make substantive appointments to any public office may appoint a person to perform the functions of that office during any period when it is vacant or when the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions;
(b) every appointment to perform the functions of an office made under paragraph (a) shall be made in the same manner as and subject to the same conditions as apply to a substantive appointment to that office;
(c) any reference in this Constitution to the holder of any office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office; and
(d) any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment to perform the functions of that office.

(3) Where in this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.
(4) For the purposes of this Constitution, the resignation of a member of any body or the holder of any office constituted by this Constitution that is required to be addressed to any person shall be deemed to have effect from the time that it is received by that person:
Provided that, in the case of a resignation that is required to be addressed to the Speaker, the resignation shall, if the office of Speaker is vacant or the Speaker is absent from Singapore, be deemed to have effect from the time that it is received by a Deputy Speaker on behalf of the Speaker.

(5) For the purposes of this Constitution, a person shall not be considered as holding a public office or an office of profit by reason of the fact that he is in receipt of any remuneration or allowances (including a pension or other like allowance) in respect of his tenure of the office of President, Prime Minister, Chief Justice, Speaker, Deputy Speaker, Minister, Parliamentary Secretary, Political Secretary, Member of Parliament, Ambassador, High Commissioner or such other office as the President may, from time to time, by order, prescribe*.
* Offices of Consul-General and Consul have been prescribed by the President — See G.N. No. S 212/72

(6) (a) Without prejudice to clause (2) when the holder of any public office is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto.
(b) Where 2 or more persons are holding the same office by reason of an appointment made pursuant to paragraph (a), the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office.
(7) Where a person is required by this Constitution to take an oath, he shall be permitted, if he so desires, to comply with that requirement by making an affirmation.
(8) References in this Constitution to any period shall, so far as the context admits, be construed as including references to a period beginning before the commencement of this Constitution.
(9) Subject to this Article, the Interpretation Act (Cap. 1) shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to any written law within the meaning of that Act.
(10) Unless the context otherwise requires, any reference in this Constitution to a specified Part, Article or Schedule is a reference to that Part or Article of, or that Schedule to, this Constitution; any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the Part, that clause of the Article, that section of the Schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of Articles, sections or divisions of Articles or sections shall be construed as including both the first and the last member of the group referred to.

PART II
THE REPUBLIC AND THE CONSTITUTION

Republic of Singapore
*3. Singapore shall be a sovereign republic to be known as the Republic of Singapore.
* Section 2(1)(d), Constitution (Amendment) Act 1965 (No. 8 of 1965) and the Republic of Singapore Independence Act 1965 (No. 9 of 1965).
Supremacy of Constitution
4. This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
Amendment of Constitution
5.—(1) Subject to this Article and Article 8, the provisions of this Constitution may be amended by a law enacted by the Legislature.
(2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of Members of Parliament (excluding nominated Members).
[Act 28 of 2016 wef 01/04/2017]
(2A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(3) In this Article, “amendment” includes addition and repeal.

5A. [Repealed by Act 28 of 2016 wef 01/04/2017]

PART III
PROTECTION OF THE SOVEREIGNTY OF THE REPUBLIC OF SINGAPORE

No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum
6.—(1) There shall be —
(a) no su