The Federal Constitution in 10 minutes
Malaysia’s Federal Constitution is the country’s highest law, setting the rules for government power, constitutional change, and the federal relationship with Sabah and Sarawak.
The short answer
The Federal Constitution is the country’s highest law. Article 4(1) says that laws inconsistent with it can be invalid to the extent of the inconsistency, which is why constitutional questions can reach the courts.
It is not impossible to change the Constitution, but it is deliberately harder than passing most ordinary laws. Most amendments need two-thirds support of the total membership of both Houses of Parliament at the second and third readings. Some specified provisions need the further consent of the Conference of Rulers, while a limited set of provisions may be amended by an ordinary majority.
Sabah and Sarawak have additional constitutional protections under Article 161E. For listed matters affecting their constitutional position, powers, finances, language, religion, native status, or representation, the relevant Yang di-Pertua Negeri’s consent is required as well as the applicable parliamentary process.
MA63 is central to discussions about that relationship:
- 9 July 1963MA63 was signed.
- 16 September 1963Malaysia was formed.
- 2019A proposed MA63-related amendment failed because it did not reach the required two-thirds threshold.
- 14 December 2021A later bill passed the Dewan Rakyat with 199 votes in favour at third reading and no votes against.
The resulting Act A1642 changed the wording of Articles 1, 160 and 161A, including the constitutional listing of the States of Malaya and the Borneo States of Sabah and Sarawak, and a definition of Malaysia Day. Government and Sarawak sources have described this as recognition of equal partnership, while academic work notes that the precise meaning and legal consequences of “equal partners” remain contested.
What the sources say
Supremacy
Article 4(1) states that the Federal Constitution is the supreme law of the Federation, and that post-Merdeka laws inconsistent with it are void to the extent of the inconsistency.
Constitutional supremacy means courts can review legislation against the Constitution; in Maria Chin Abdullah v Ketua Pengarah Imigresen, the Federal Court described Article 4(1) as establishing the Constitution’s supremacy.
Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor [2021]Federal Constitution of Malaysia
Changing the Constitution
Article 159(1) allows the Constitution to be amended by federal law, subject to the rest of Article 159 and Article 161E.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
For most constitutional amendments, Article 159(3) requires support from at least two-thirds of the total membership of each House of Parliament at both the second and third readings.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
Article 159(4) lists limited matters that may be amended by an ordinary parliamentary majority, including certain citizenship provisions, the Sixth Schedule on oaths and affirmations, and the Seventh Schedule on election and retirement of senators.
Federal Constitution of MalaysiaMajor changes to the Constitution
Article 159(5) requires the consent of the Conference of Rulers, in addition to the parliamentary supermajority, for amendments to specified provisions including Article 10(4), Articles 152 and 153, and provisions concerning the Rulers.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
These special procedures mean that different constitutional subjects have different amendment thresholds; a two-thirds vote is the general rule, but some changes need additional consent and some listed changes do not need a two-thirds vote.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
Sabah, Sarawak and Article 161E
Article 161E provides additional constitutional safeguards for Sabah and Sarawak, including requirements for the consent of the relevant Yang di-Pertua Negeri for amendments affecting specified Bornean-state interests.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
The matters protected under Article 161E include parts of the constitutional and legislative position of Sabah and Sarawak, their executive authority, financial arrangements, religion, language, the special treatment of natives, and parliamentary representation.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
The Malaysia Agreement 1963 (MA63) was signed on 9 July 1963 by representatives of the United Kingdom, the Federation of Malaya, North Borneo, Sarawak and Singapore; Malaysia was formed on 16 September 1963.
The Constitution (Amendment) Bill 2019 did not obtain the required two-thirds support in the Dewan Rakyat: 138 MPs supported it and 59 abstained.
Lost ‘golden opportunity’ to restore status — Baru BianSabah Assembly passes motion to support Constitution amendment
On 14 December 2021, the Dewan Rakyat passed the Constitution (Amendment) Bill 2021 relating to MA63: 200 MPs supported the second reading and 199 supported the third reading, with no votes against on either reading.
Dewan Rakyat passes Constitution (amendment) Bill 2021Dewan Rakyat unanimously passes MA63 bill
The resulting Constitution (Amendment) Act 2022 is Act A1642; it received royal assent on 19 January 2022 and was published in the Gazette on 25 January 2022.
Akta Perlembagaan (Pindaan) 2022 (Act A1642)Amendments to federal constitution come into force Friday — Wan Junaidi
Act A1642 amended Article 1(2) to list the states of the Federation as the States of Malaya and the Borneo States of Sabah and Sarawak.
Akta Perlembagaan (Pindaan) 2022 (Act A1642)Amendments to federal constitution come into force Friday — Wan Junaidi
Act A1642 amended Article 160(2) to define “Malaysia Day” as 16 September 1963 and to revise the constitutional definition of “the Federation” by referring to the 1963 agreement and Singapore’s 1965 separation.
Akta Perlembagaan (Pindaan) 2022 (Act A1642)Amendments to federal constitution come into force Friday — Wan Junaidi
Act A1642 also amended Article 161A’s provisions on who may be treated as a native of Sarawak, including by removing Article 161A(7).
Akta Perlembagaan (Pindaan) 2022 (Act A1642)Amendments to federal constitution come into force Friday — Wan Junaidi
The 2021–22 MA63 amendments directly changed constitutional wording; any further change to federal or state powers, finances, representation, or other protected matters must still follow the applicable constitutional amendment procedure.
Federal Constitution of MalaysiaAkta Perlembagaan (Pindaan) 2022 (Act A1642)
The government reported in 2026 that 13 MA63 claims had been resolved and 16 remained under negotiation, with different stated stages of progress.
Where accounts differ
No winner is picked.
Minister Maximus Ongkili said in 2021 that the proposed amendments to Articles 1(2) and 160(2) would “return” Sabah and Sarawak to equal status with Peninsular Malaysia; this was the government’s stated interpretation of the amendments’ purpose.
MA63 Council agrees on proposed amendments to Return SabahFederal Constitution amendments relating to MA63 tabled for first reading
The Government of Sarawak has described the Article 1(2) amendment as restoring Sarawak and Sabah as equal partners in the formation of Malaysia.
Sarawak government news reportspeech by the Premier of Sarawak
A University Malaysia Sabah study states that the idea of Sabah and Sarawak as “equal partners” was not expressly entrenched in the MA63 signed in 1963, and describes this as a continuing contestation over the agreement’s meaning.
Revisiting the formation of Malaysia: The contestation over equal partnership of the Bornean statesFrom Pakatan Harapan to Perikatan Nasional: A Missed Opportunity for Reforms for East Malaysia?
The legal limits on Parliament’s power to amend the Constitution remain debated: the Federal Court’s majority in Maria Chin Abdullah rejected the basic-structure doctrine as part of Malaysian jurisprudence, while the dissent and earlier Federal Court decisions treated judicial independence and separation of powers as protected constitutional fundamentals.
Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor [2021]Basic Structure Revisited: The Case of Semenyih Jaya and the Defence of Fundamental Constitutional Principles in Malaysia
Common questions
Is the Federal Constitution more powerful than an ordinary law?
Yes. Article 4(1) makes the Federal Constitution the Federation’s supreme law, so a law made after Merdeka is void to the extent that it conflicts with the Constitution. Courts can therefore review legislation against it; the Federal Court described Article 4(1) as establishing constitutional supremacy.
Federal Constitution of MalaysiaMaria Chin Abdullah v Ketua Pengarah Imigresen & Anor [2021]
Can Parliament change the Federal Constitution?
Yes. Article 159 allows Parliament to amend the Constitution through federal law, subject to the procedures in that article and Article 161E. For most amendments, at least two-thirds of the total membership of each House of Parliament must support the bill at both its second and third readings.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
Do all constitutional changes need a two-thirds majority?
No. A two-thirds vote in each House is the general requirement, but Article 159 provides different thresholds for different subjects. Some specified provisions also require the Conference of Rulers’ consent, while a limited set of matters, including certain citizenship provisions and the Sixth and Seventh Schedules, may be amended by an ordinary parliamentary majority.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
Do Sabah and Sarawak have extra safeguards for constitutional changes?
Yes. Article 161E requires the consent of the relevant Yang di-Pertua Negeri for amendments affecting specified interests of Sabah or Sarawak, alongside the applicable parliamentary procedure. The protected matters include parts of their constitutional and legislative position, executive authority, financial arrangements, religion, language, native status and parliamentary representation.
Federal Constitution of MalaysiaTahukah Anda: Proses Pindaan Perlembagaan Persekutuan
What changed under the MA63 constitutional amendment?
The Constitution (Amendment) Act 2022 changed the wording of Articles 1, 160 and 161A. It lists the Federation’s states as the States of Malaya and the Borneo States of Sabah and Sarawak, defines Malaysia Day as 16 September 1963, and revised provisions on who may be treated as a native of Sarawak.
Akta Perlembagaan (Pindaan) 2022 (Act A1642)Amendments to federal constitution come into force Friday — Wan Junaidi
Are Sabah and Sarawak legally equal partners in Malaysia?
The meaning and legal effect of “equal partners” remains disputed. The Government of Sarawak has described the Article 1(2) amendment as restoring Sarawak and Sabah as equal partners in forming Malaysia. A University Malaysia Sabah study says that idea was not expressly entrenched in the MA63 signed in 1963.
Sarawak government news reportRevisiting the formation of Malaysia: The contestation over equal partnership of the Bornean states
Still open
- Which of the 16 MA63 claims reported as under negotiation in 2026 require legislation, constitutional amendment, administrative action or litigation to resolve.