Constitution creates very powerful central government which controls the states

NILAI, July 1 (Bernama) – The Federal Constitution of Malaysia created a very powerful central government which controls the states in many ways, including over constitutional amendments, said a constitutional law expert Emeritus Professor Datuk Dr Shad Saleem Faruqi.

The current holder of the Tunku Abdul Rahman Chair at Universiti Malaya said, the power of amending the Constitution belongs largely to the Federal Parliament except in three areas stated in Article 2 (b), Article 159 and Article 161E of the Constitution.

“The three areas are; one in Article 2 (b) that involves the territory of any state, secondly on safeguards for constitutional position of the States of Sabah and Sarawak (Articles 161E) and thirdly, the rights of his Majesty and the rulers or any of the 10 topics mentioned in the Article 159 (5) such as Islam and citizenship.

“Only these three areas need to obtain the consent of the institution or authorities outside of the Parliament. Otherwise the states have absolutely no power to prevent a constitutional amendment from going through,” he said when presenting the working paper on ‘Federal State Relations in Malaysia’ at the Federalism in Malaysia: Redefining the Federal-State Relationship in Malaysia' conference, here today.

The two-day conference which was officiated by the Yang Dipertuan Besar of Negeri Sembilan, Tuanku Muhriz Ibni Almarhum Tuanku Munawir, aimed to encourage further understanding and discourse, and to enable the present generation of Malaysians to appreciate the vision of the country’s founding fathers and the relevance of federalism in the present-day environment.

Meanwhile, Prof Madya Dr Khairil Azmin Mokhtar in his working paper on ‘A Note on Pre Independence Negeri Sembilan Through the Lenses of Federalism and Constitutionalism’ said one of the aims of federalism was to achieve unity and preserve the diversity of the member states of the federation.

The speaker from Universiti Islam Antarabangsa said unity and diversity are essential in the federal principle because federalism expresses and channels two different or conflicting social forces; namely the forces for unification and the forces for preservation of differences.

“The idea of unity in diversity within the existing constitutional order I think is relevant in the context of Negeri Sembilan as one of the states in the Federation. Compared to other states in the federation, Negeri Sembilan has the distinct uniqueness of culture and tradition.

“It is generally known that the uniqueness stems from its tradition of ‘Adat Perpatih’. The remaining member states in the peninsular practice Adat Temenggung. This shows how the concept of federalism allows the perpetuation of indigenous custom and tradition in the states,” he said.

-- BERNAMA