Malaysia

Federal Constitution of Malaysia (1957, last amended 2009)

Updated: June 2015

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Article 119, clause 1 states: 

Every citizen who

  • (a) has attained the age of twenty- one years on the qualifying date; and
  • (b) is resident in a constituency on such qualifying date or, if not so resident, is an absent voter… 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.

 

Excerpt from the Federal Constitution of Malaysia (1957, last amended 2009) 

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Article 33 states: 

(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… (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.

 

Article 34, clause 8 states:

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 42, clause 5 states: 

...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.

 

Article 48, clause 1 states: 

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.

 

Article 112A, clause 3 states:

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 114, clause 7 states: 

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 119 states:

… (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…

 

Article 125, paragraph 3 states:

...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 ( 3 b) 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.

 

Article 131A states: 

(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.

 

Article 142 states: 

… (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…

 

Third Schedule, article 1, paragraph 1 states: 

A Ruler is qualified to be elected Yang di-Pertuan Agong unless—…

  • (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.

 

Eighth Schedule, article 6, paragraph 1 states: 

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…

 

Eighth Schedule, article 19A, paragraph 3 states: 

...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.

 

Eleventh Schedule, article 33, paragraph 1 states: 

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.

 

Excerpts from the Federal Constitution of Malaysia (1957, last amended 2009) 

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Article 33 states: 

(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… (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.

 

Article 34, clause 8 states:

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 42, clause 5 states: 

...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.

 

Article 48, clause 1 states: 

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.

 

Article 112A, clause 3 states:

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 114, clause 7 states: 

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 119 states: 

… (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…

 

Article 125, paragraph 3 states: 

...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 ( 3 b) 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.

 

Article 131A states: 

(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.

 

Article 142 states: 

… (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…

 

Third Schedule, article 1, paragraph 1 states: 

A Ruler is qualified to be elected Yang di-Pertuan Agong unless—…

  • (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.

 

Eighth Schedule, article 6, paragraph 1 states: 

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…

 

Eighth Schedule, article 19A, paragraph 3 states: 

...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.

 

Eleventh Schedule, article 33, paragraph 1 states: 

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.

 

Excerpts from the Federal Constitution of Malaysia (1957, last amended 2009)