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Historical Development Part 2

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Xuan Zheng Lim
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16 views15 pages

Historical Development Part 2

Uploaded by

Xuan Zheng Lim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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INTRODUCTION TO

CONSTITUTION
Historical Development of Federal
Constitution (Part 2).
CONTENTS
 Federation of Malaya and election of the
Legislative Council (1948 - 1957).
 Lord Reid Commission.
 Federation of Malaya and Federation of
Malaysia.
Federation of Malaya (1948-1957)

• Federation of Malaya was created to replace the controversial Malayan Union Plan.

• It has a strong central government and its own constitution.

• The non-malays is against the idea for creation of Federation of Malaya as it has:
1. Stringent citizenship clause.
2. Special privilege only given to Malays.
Salient points within the Federation of Malaya
Constitution.
1. Malays and the indigenous automatically become Federal Citizen while other
communities are required to apply for their citizenship:
-Must fulfill residential requirements:
a. Born and has been in the country for 8 years.
b. Born outside of the country and has been in the country for 15 years.

2. Malay receive special privilege in certain areas of education, job, business and the
Malay reserve land to improve their economic position.

3. The sovereignty of the Sultan and special position of the Malays are protected.
Election of Legislative Council (1955)
• The first Federal Legislative Council election was held(July 1955).

• The Alliance (United Malay National Organisation(UMNO) + Malayan


Chinese Association (MCA) + Malayan Indian Congress (MIC) has won 51
out of 52 seats.

• The election has pave ways to the “Constitutional Conference” in London


from 18 January – 6 February 1956. The conference proposed for
appointment of independent commission to draft the “Independent Malaya
First Constitution”.

• The Reid Commission was established.


Reid Commission Members

Lord Reid Sir Ivor Sir William


Justice B.
(United Kingdom) Jennings McKell
Malik
(United (Australia)
(India)
Kingdom)

Justice Abdul Hamid


(Pakistan)
Reid Commission
• Our Malaysia Federal Constitution is based on Report of the
Constitutional Commission of 1957.
• The commission was chaired by Lord Reid thus the report is
also known as “Reid Commission Report”.
• Although the “Reid Commission Report” was accepted by the
people of Malaya, it may be seen as a foreign document rather
than a document originates in Malaya.
• Thus, amendments were made to the original “Reid
Commission Report” and the amended report were established
as “the Merdeka Constitution 1957”.
The “Terms of Reference” for establishing the
Constitution.
1. Creation of Federal Constitution.

2. Westminster style of parliamentary democracy.

3. Bicameral legislature.

4. Strong central government.

5. Safeguard for position of the Sultans.

6. Common Nationality.

7. Safeguard for the special position of Malays and legitimate interest of other
communities.
Arising Issues During the drafting of the
Constitution

• The Alliance (UMNO+MCA+MIC) has no issues in reaching agreement relating to:


1. Structure and Function of Government.
2. Power of Federal Government and State.
3. Position of Judiciary.
4. Position of the Sultans.
Arising Issues During the drafting of the
Constitution (continue)
• Problem arises when dealing with “Communal situations” as mentioned below:

1. Language: MCA and MIC wishes for the use of Chinese and Tamil language in the
legislative council for a minimum of 10 years. UMNO is against the idea.

2. Citizenship: MCA and MIC did not agree with UMNO proposal that those born in
Malaya of an alien parents on/after independence would cease to be Malaya
national on reaching the age of 21 unless they made a declaration of retention of
their nationality within a year of reaching that age.

• The Commission held 118 public and private hearings between June –August 1956
to negotiate on the issues.

• It finally submit its Report (draft Constitution) on 20 February 1957.


Content of the Draft Reid Commission Report

1. Malay special position shall be reviewed within 15 years after


Merdeka.

2. Islam is not regarded as the religion of the country.

3. Chinese and Tamil language is allowed to be used in the


legislative assembly for a period of 10 years after
independence.
Tripartite Working Party
• The Reid Commission Report was disputed.

• A Tripartite Working Party was formed to examine the Report.

• The Tripartite Working Party consist of:


a. 4 British officers.
b. 4 Malay Sultans.
c. 4 representatives from the Alliance.

• The Tripartite Working Party held 23 meetings and made significant


amendment to the Reid Commission Report.
Salient Points Amended By The Tripartite
Working Party
1. 15 years limit on Malay privilege was removed. No time limit
were given to restrict Malays from enjoying their privilege.

2. The existing rights of the non Malay shall not be reduced in


order to fulfil the quota privilege of the Malays.

3. Chinese and Tamil language are prohibited to be used in the


legislative assembly.

4. Additional New Provision: Chinese and Tamil language could


be used for non-official purpose and their teaching and
learning are encouraged.

5. Enhancement of the role of Conference of Rulers.

6. Federal government has discretion to grant or refuse


citizenship.
Federation of Malaya & Federation of Malaysia
Federation of Malaya & Federation of Malaysia

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