Name: Minahal Malik

Roll No: 39th

Department: Political Science

Semester: 5th

Instructor Name: Mam Atra Komal

Submission Date: 13 January 2025

Government College Women University Sialkot

 Content page
• Introduction
• History of Malaya
• Constitutional features of Malaysia
• Sultan in Malaysia
• Powers and Function of Sultan
• The Prime Minister
• Powers and Function of Prime Minister
• Conference of Rulers
• The Parliament
• Powers and Function of Parliament
• Judiciary of Malaysia
• Political Parties
• Conclusion
 Political Framework of Malaysia

Introduction:
Malaysia is a Muslim-majority state which is located in South-East Asia continent. Malaysia is
comprised of thirteen states and three federal states under the 1957 constitution. Malaysia has two non-
adjacent / unlinked regions which are separated by the South China Sea.

o West/Peninsular Malaysia(Federation of Malacca):

West Malaysia consists of Eleven states and two federal territories. West Malaysia has almost
79% population of the country. Peninsular Malaysia shares a maritime border with Indonesia, Singapore
and Vietnam and a land maritime border with Thailand.

o East Malaysia:
East Malaysia has two states of Borneo that are ‘Sabah’ and ‘Sarawak’ and one federal territory.
East Malaysia has 21% of the population. It shares a land and maritime border with ‘Brunie’ and
‘Indonesia’ and a maritime border with the ‘Philippines’ and ‘Vietnam’. Kuala Lampur is the national
capital which is situated in west Malaysia.

History of Malaya:
In old times, Malaysia had small states/kingdoms, which were independent. Malaysia’s history is
found in the early Sixteenth century, when the Portuguese came to trade in these small kingdoms of
Malaya. After that, the Portuguese occupied Malaya in the year of 1511. They almost rule for 30 years.
And then Malaya fell into the hands of Dutch in 1541. In 1786 East India Company of the British inhabited
Malaya. At that time, Britishers found Singapore in 1819 which became part of Malaysia in 1963 and got
separated in 1965. Malaya had a federation headed by Sultans, but all powers and authorities were in the
hands of Britishers. Before independence, Malaya was ruled by Britishers. On August 31, 1957, Malaysia
gained independence from the United Kingdom and became an independent sovereign state. From 1957
to 1963 time period, Malaysia occupied only the west/Peninsular side which was called Malaya. In 1963,
Sabah, Sarawak and Singapore also gained independence from the Britishers and joined Malaya and
create a vastly enlarged federation with a new name ‘the Federation of Malaysia’. In 1957, Malaysia
constructed its first constitution which was federal in nature. Malaysia’s political system is functions under
a federal constitutional monarchy.
Culture:
Malaysia is a multi-ethnic, multi-linguistic and multi-religious society and its legal system reflects
its cultural diversity and its colonial history.
Language:
The Malay language is the official language of Malaysia under Article 152 of the constitution.
Other languages are also allowed in Malaysia at all levels.
Official Religion:
Islam is recognized as the official religion of Malaysia under Article 3 of the constitution.
Ethnic Composition:
Ethnically, Malay constitute 55% of the population, Sabah and Sarawak Indigenous people
constitute 14% and Chinese are 23% and Indians are 7% and others 1%.

Constitutional features of Malaysia:

The federal constitution of Malaysia was enforced on 31 August 1957 and then altered in 1963
after Singapore conjoined Malaysia in 1965. Constitution of Malaysia be composed of 183 Articles and 13
Schedules. The Malaysian constitution is a legitimate printed document. The constitution generates the
federation as a constitutional kingship/Monarchy, possessing the head of state with first and foremost
customary and ritual obedience. The Malaysian constitution lays out three crucial branches of the
government; Parliament, Executive and Judiciary. Malaysian parliament is dual-chambered legislative
institution, comprised of Senate(Dewan Nagara) and the House of Representatives(Dewan Rakyat). The
Executive Branch is directed by the Prime Minister and his cabinet ministers and Judiciary is the Judiciary
is steered by the Federal court. The Malaysian constitution ensures fundamental Human Rights. Multi-
Party system operates in Malaysia. Conference of Rulers is a legitimate body, recognized under the
Constitution and the major responsibility of this conference is to elect the Sultan from among themselves.
A 2/3 majority is required to make an amendment to the constitution.

Sultan/king in Malaysia:
The king/Sultan is regarded as the supreme head of state. The sultan is elected through the system
of elective Monarchy. After five years the conference of Rulers elects the Sultan themselves by casting
vote by a secret ballot. Election can occur earlier if the king vacates his office by resigning. After the death
of the Sultan, the election can take place sooner.
Term: The term of office of sultan is 5 years.
Deputy king: The elected sultan will choose his Deputy King from among nine members of the Conference
of Rulers. The sole responsibility of the Deputy King is to assist the king on particular matters to run the
government.

Powers and Functions of King:

The king, as the head of state, has several powers and functions including legislative, executive
and judicial powers. A brief explanation is given under:
1. Appointment of Prime Minister:
The King of Malaysia has the authority to put in charge the Prime Minister after the general
elections. The monarch summon the leader of the winning party in the lower house and order the
chairman of the winning party to make the government and become the head of government.
2. Appointment of cabinet
The Monarch is all-powerful to appoint the Cabinet members on the advice of the Prime Minister.
The cabinet members perform several government functions.
3. Summoning and dissolving Parliament:
The king has the jurisdiction to summon the session of Parliament. He can summon any session
of the parliament at any time. The king also has the authority to call off any session and dissolve the
parliament. The Monarch exercises this authority on the will of the Prime Minster.
4. Granting Pardons:
On the suggestion of the pardon board, the monarch can provide amnesty, reprieve, forgiveness
and clemency to those who seek forgiveness. Even to those are who being charged by Federal courts.
5. Declaration of Emergency:
The Sultan has also the power to proclaim an emergency on the direction of the Prime Minister,
in case of any political crisis, a threat to a country or any civil unrest situation. This authority can be utilized
under exceptional and serious circumstances.
6. Appointment of the commander of Armed forces:
Through consultation with the Prime Minister and Minster of Defence, the Sultan selects the
supreme commander of the armed forces. The monarch has actual authority over the military lies.
 7. Royal Assent to Bills:
The bill passed by the Parliament is obligatory to have the assent of the Royal Monarch to become
law. After the bill has been approved by both houses of Parliament, needs to be authorized by Monarch.
After the approval of Parliament, the Bill is submitted before the Sultan for acceptance. If the Sultan signed
the bill, the particular bill transformed into law. If he rejects, the parliament has to again do a discussion
on the recommendations of the Sultan.
8. Appointment of Judges:
The Monarch also has the authority to appoint the judges of High courts, federal courts and courts
of appeal. The Monarch exercises this authority under the instructions of the Prime Minister.

The Prime Minister:

As Malaysia has a parliamentary political system, so all the powers and authorities are invested in the
Prime Minister. The King elects the chairman of the Party as a Prime Minister which secures the majority
of votes in general elections. Prime Minster headed the lower house called Dewan Rakyat of Parliament.

Powers and Functions of PM:

The following are the functions and powers of the Prime Minister:
(a) Appointment of cabinet:
After taking the oath, the major responsibility of the Prime Minister is the formation of his cabinet. Prime
Minster picks out the members from the ruling party. If it is mandatory, the Prime Minister can enter
individuals and technocrats from opposition parties. The Prime Minister represents the recommendation
in front of the Sultan. The Sultan formally gave his assent to the recommendations presented by the Prime
Minister. The Cabinet is Normally comprised of ministers, Deputy Ministers, Non-MPs and technocrats.
Cabinet performs several duties i.e., formulation of policies and implementation of policies and
submission of reports to the Prime Minster.
(b) Appointment of Senators:
The Prime Minister also elects senators as the total number of senators in Malaysia is seventy. Forty-four
out of seventy are elected by the Prime Minister.
(C) appointment of judges:
The Prime Minister also appoints the judges of superior courts of the country. The sultan will hire them
by giving his approval, but with the consent of the Prime Minister.
Conference of Rulers/Sultans:
In Malaysia, the Conference of Rulers (Majlis Raja-Raja) is a council and constitutionally recognized
institution consisting of Rulers of Malay states, and the governors of four states. It is a prestigious advisory
institution in Malaysia, mainly dealing with proceedings that are connected to Islam, rituals and customs
of Malay and elections of the Sultan.
Key functions of the Conference:
The duties and Functions of the Conference are mentioned below:
➢ Election of king and Deputy King:
The Conference of Rulers votes for the Sultan(King) from among themselves every five years.
➢ Advising on Islamic matters:
Conference of Rulers also provides insight into the religious and cultural issues of the country. Guide on
every customary, ritual and religious issue, the country is facing.
➢ approval in changing National policies:
Amendments related to Malay’s culture, customs, constitutional provisions affecting the monarchy and
the status of Islam, require the assent of the conference.
➢ Symbol of Unity:
The rulers are representing their respective regions and federations. This institution represents the
bonding between the traditional and Cultural heritage of Malaysia.

The Parliament:
The Malaysian Parliament was inaugurated on 11th September 1959. It comprises two houses, the upper
house known as Dewan Nagara(Senate) and the lower house known as Dewan Rakyat(House of
Representatives). The election of the method of Dewan Nagara is indirect. Parliament has a total of 292
seats of which 70 of them belong to Dewan Nagara and the rest are for Dewan Rakayat. From the 70 seats
of Dewan Nagara, 26 seats are for members of 13 states, elected by state legislative bodies. The remaining
44 members of the Dewan Nagara are appointed by the Recommendations of Prime Minster. The term of
office is five years for Dewan Nagara. Members of Dewan Nagara can be re-elected for another term.
Dewan Rakyat holds somewhat more power in legislation. Members of the Dewan Rakyat are appointed
directly by the people. The office term of Dewan Rakyat is 5 years. The voting age in Malaysia is 21 years.
Elections are conducted based on adult suffrage.
Powers and Functions of Parliament:
➢ Legislation:
Parliament has the authority and power to generate and revise the laws. Parliament also amended several
problems and issues like civil, economic, criminal and social matters. A Bill can presented in any of the
houses either Dewan Nagara or Dewan Rakyat. The bill must proceed in both houses before it is
transferred to the Sultan for Royal assent.
➢ Amendment:
Parliament has the power to amend, change and modify the constitution. A 2/3 majority is needed to
amend the constitution in Dewan Rakyat.
➢ Budgeting:
The parliament has a hand in debating about national money. The parliament also gives its assent to
national money bills which are crucial for collecting taxes including revenue collection and government
spending. Money-related debates and budgeting legislation could only done in the lower house of
Parliament.
➢ Oversight & Accountability:
Parliament has the authority to bring a charge against the Prime Minister and other government officials
like judges of courts. This could be done on particular Parliamentary procedure. Parliament can also pass
a vote of no confidence against the government that loses the confidence of the majority members of the
parliament. Parliament can make the government accountable by asking Questions about the
performances of particular departments, by investigating them and by debating in the institution.
➢ appointment power:
Parliament also contributes to the nomination of certain key positions such as members of the Election
Commission, Attorney General and other high-ranked officials.

Judiciary:
The judicial system of Malaysia is quite similar to the English judicial system and centralized in nature. The
judicial system of Malaysia is divided into two main branches which are:
Shariah: Deals with matters related to Islamic laws, especially for Muslims such as marriages, inheritance
and family matters.
Civil: Deals with legal matters i.e., contracts, property disputes and family laws.
Levels of the judiciary in Malaysia:
 ➢ Federal Courts:
This court is the highest in Malaysia as it hears appeals against the decisions made by courts and appeals
and lower courts. Federal courts operate under one chief Justice and along with other judges in the court.
➢ Court of Appeal:
The second highest-ranked court in Malaysia is the Court of Appeal which is particularly responsible for
hearing petitions against the decisions of high courts. The Court of Appeal plays a crucial role in reviewing
the decisions made by lower courts.
➢ High Courts:
High courts in Malaysia are particularly divided into two: the High Court of Malaya and the High Court of
Sabah and Sarawak. High courts normally handle the cases that are civil and criminal. High courts also
hear the petitions against the decisions made by the session courts.
➢ Session courts:
Session courts are one step higher than the lowest court. These also cope with lawbreakers and
nonreligious and non-military cases.
➢ Magistrate courts:
These courts are the lowest in Malaysia and normally deal with slight criminal unlawful acts and civil
petitions with a small monetary value.

Political parties:
As Malaysia is multi multi-ethnic and racist State, so there exists multi-party system. Two or three parties
Co jointly make a government. Every party in Malaysia has its ideology. Famous and major political parties
in Malaysia are the following; the Malayan Indian Congress, Progressive Democratic Party, and Malaysian
Chinese Association party.

Conclusion:
Malaysia is a federal state with having parliamentary type of political system with constitutional
monarchy. Malaysian Parliament is bicameral. All legislation is done through Parliament. Key principles of
Islam strictly follow while making laws. The judicial system in Malaysia operates under the judges. All
foreign meetings and delegations are handled by the executive branch. The Constitution strictly follows
every aspect of government.