List of amendments to the Constitution of Malaysia

As of February 2023, there have been 61 amendments to the Constitution of Malaysia since it was first enacted in 1957. The provision to amend the Constitution falls under Article 159. The constitution can be altered through an amendment Act supported by two-thirds of the members of Parliament.[1]

List

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# Amendments Amending law/authority and short title In force from
1st Amend article 34 Ord. 42/1958
Constitution (Temporary Amendment) Ordinance 1958
05-12-1958
2nd Amend articles 15, 16, 17, 23, 30, 34, 42, 43, 48, 56, 57, 61, 76, 114, 119, 122, 125, 132, 135, 137, 138, 139, 140, 141, 142, 144, 145, 148, 149, 150, 151, 154, 174
Insert articles 43A, 95A
Amend schedule 2
Act 10/1960
Constitution (Amendment) Act 1960
31-05-1960 except s.13 and para.17(d): 31-08-1957; s.31: 08-08-1960; s.3: 11-09-1960; s.2, 33 and 35: 01-12-1960; s.22, 24 and para. 27(a) and (c):01-04-1961; s.26: 16-09-1963
3rd Amend articles 14, 15, 18, 19, 23, 24, 25, 26, 35, 39, 46, 62, 65, 67, 76, 99, 108, 110, 113, 114, 115, 116, 117, 125, 132, 148, 155, 159, 160
Insert articles 15A, 26A, 26B
Remove articles 17, 20, 21
Amend schedules 1, 2, 8, 10, 11, 13
Act 14/1962
Constitution (Amendment) Act 1962
s.8, 13, 24 and 30:

31-08-1957; s.32 (para.14 of Schedule:01-12-1960;
s.12, 14, 15, 17 to 23, 28, 29 and 34, s.32 (subsubpara.(c) of para.1 of Schedule and para.4 to para.11 of Schedule) : 21-06-1962; s.16, 25 and 33: 15-07-1962; s.2, 3, 4, 6, 9, 10, 11, 26 and 27, s.32 (para.3 and 12 of Schedule): 01-10-1962; s.5, s.32 (subsubpara.(a) and (b) of para.1 of Schedule): 01-07-1963; s.7, s.32 (para.2 of Schedule): 01-02-1964; s.32 (para.13 of Schedule): 16-09-1963

4th Amend articles 12, 16, 18, 50, 71, 74, 109, 118, 131, 139, 144, 159, 160, 161, 162, 166, 167
Remove articles 163, 164, 165, 168, 170, 171, 172, 173
Amend schedules 3, 7, 9, 10, 11
Remove schedule 12
Act 25/1963
Constitution (Amendment) Act 1963
29-08-1963 except s.2 and 5: 31-08-1957; s.7: 01-01-1958
5th Amend articles 1, 3, 4, 5, 6, 8, 9, 10, 14, 15, 16, 18, 19, 20, 22, 24, 25, 26A, 28, 30, 31, 37, 38, 42, 45, 46, 48, 53, 54, 65, 71, 76, 80, 87, 88, 89, 91, 92, 94, 95A, 105, 113, 114, 115, 116, 118, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 135, 137, 138, 139, 140, 142, 143, 144, 145, 148, 150, 151, 152, 158, 159, 160, 161, 169
Insert articles 16A, 19A, 28A, 30A, 30B, 76A, 95B, 95C, 95D, 95E, 112A, 112B, 112C, 112D, 112E, 122A, 122B, 122C, 131A, 146A, 146B, 146C, 146D, 159A, 161A, 161B, 161C, 161D, 161E, 161F, 161G, 161H
Remove articles 21, 129, 174
Amend schedules 2, 4, 5, 6, 8, 9, 10, 11, 13
Act 26/1963
Malaysia Act
16-09-1963 except s.37: 31-08-1957
When Sabah, Sarawak and Singapore joined Malaya to form Malaysia in 1963, the Malaysia Act was passed in Parliament to amend the Constitution to provide for the name change and the inclusion of the three new states.
6th Amend articles 9, 26, 35, 45, 57, 62, 160
Insert articles 43B, 43C
Amend schedule 8
Act 19/1964
Constitution (Amendment) Act 1964
30-07-1964 except s.5: 16-09-1963; s.4: 01-01-1965
7th Amend articles 54, 95C, 120, 122, 132, 146A, 160
Insert article 118A
Amend schedules 7, 8, 9, 11
Act 31/1965
Constitution and Malaysia Act (Amendment) Act 1965
01-07-1965 except Part I of First Schedule and Second Schedule: 16-09-1963; Part II of First Schedule–amendment of Article 132 of the Constitution–Malacca: 01-05-1960; and Penang: 01-11-1959
8th Act 53/1965
Constitution and Malaysia (Singapore Amendment) Act 1965
09-08-1965
Agreement relating to the separation of Singapore from Malaysia as an independent and sovereign state
9th Amend articles 1, 3, 9, 14, 15, 16, 16A, 18, 19, 26A, 28A, 30, 42, 46, 54, 55, 71, 88, 95B, 95D, 95E, 112A, 112B, 113, 121, 122A, 122B, 125, 139, 144, 146A, 146B, 146C, 148, 159, 159A, 160, 169
Remove articles 19A, 30A, 30B, 112E, 116F, 116G, 116H
Amend schedules 2, 8, 9, 10
Act 59/1966
Constitution (Amendment) Act 1966
19-09-1966 except Schedule (amendments of Articles 1, 3, 14, 15, 16, 16A, 18, 19, 19A, 26A, 28A, 30, 30A, 30B, 42, 46, 88, 95B, 95D, 95E, 112A, 112B, 112E, 113, 121, 122A, 122B, 146B, 146C(1), 159, 160, 161F-161H, 169, Second Schedule, Eighth Schedule (s.23) and Ninth Schedule: 09-08-1965; Schedule (amendments of Article 71): 16-09-1963; Schedule (amendments of Tenth Schedule: 01-01-1963)
10th Amend article 150 Act 68/1966
Emergency (Federal Constitution and Constitution of Sarawak) Act 1966
20-09-1966
11th Amend articles 135, 139
Amend schedule 8
Act 27/1968
Constitution (Amendment) Act 1968
09-09-1968
12th Amend article 54
Amend schedules 8, 13
Act A1
Constitution (Amendment) Act 1969
18-11-1968
13th Amend article 122A P.U. (B) 83/1969
Resolution pursuant to Article 122A(1)
10-04-1969
14th P.U. (A) 146/1969
Emergency (Essential Powers) Ordinance 1969
15-05-1969
15th P.U. (A) 170/1969
Emergency (Essential Powers) Ordinance 1969
15-05-1969
16th P.U. (A) 143/1970
Emergency (Essential Powers) Ordinance No. 32, 1970
12-05-1970
17th Amend articles 10, 63, 72, 152, 153, 159, 161A Act A30
Constitution (Amendment) Act 1971
10-03-1971
One of the most controversial amendments in Malaysia's Constitution is the Constitution (Amendment) Act, 1971, which came in the wake of the May 13, 1969 racial riots.

Known as the “Sensitive Matters Amendment,” it revised Article 10 – which safeguards freedom of speech – to empower Parliament to pass laws to restrict public discussion on four “sensitive” issues: citizenship; the national language and the languages of other communities; the special position and privileges of the Malays and natives of the Borneo states, and the legitimate interests of other communities; and the rulers’ sovereignty. Before the Act, the Conference of Rulers’ consent was required only for amendments to provisions related to the rulers, and the special rights and privileges of the Malays and the legitimate interests of other communities.

As a result of the Act, consent was also required for other provisions, such as Article 10 (freedom of speech), Article 63 (privileges of Parliament), Article 72 (privileges of the state legislative assembly) and Article 152 (national language).

Article 153 originally provided for the Yang di-Pertuan Agong to be the guardian of the special position of the Malays and the legitimate interests of other communities. It also empowered him to ensure that a reasonable proportion of opportunities was reserved for the Malays in public service, education, and for permits and licences.

The 1971 amendment allowed the natives of the Borneo states to have the same status as the Malays.

It also empowered the Agong to direct any institution of higher learning to reserve a reasonable proportion of places for the Malays and natives, should the number of places be less than the number of qualified candidates.

18th Amend articles 40, 43A, 43B, 54, 61, 125, 135, 137, 144, 159, 160, 162
Amend schedules 3, 5, 8
Act A31
Constitution (Amendment) (No. 2) Act 1971
24-03-1971 except s.4: 19-09-1966
19th Amend articles 132, 135, 144
Insert article 141A
Amend schedule 8
Act A193
Constitution (Amendment) Act 1973
05-05-1973 except

s.2, 3, 4 and 5: 01-01-1974

20th Amend articles 1, 3, 11, 42, 46, 97, 113, 116
Amend schedules 9, 11
Act A206
Constitution (Amendment) (No. 2) Act 1973
Part I and Schedule: 01-02-1974; Part II and III: 23-08-1973
21st Amend articles 25, 48
Amend schedules 2, 8
Act 160
Malaysian Currency (Ringgit) Act 1975
29-08-1975
22nd Act A335
Constitution (Amendment) (No. 2) Act 1976
01-02-1974
23rd Amend articles 1, 3, 5, 11, 12, 19, 24, 25, 28A, 32, 33, 34, 35, 37, 38, 42, 48, 54, 55, 65, 70, 71, 76, 88, 91, 95A, 97, 99, 100, 101, 106, 107, 108, 111, 112, 112A, 112C, 113, 114, 121, 122, 122A, 122B, 128, 132, 135, 138, 140, 141A, 144, 145, 146, 146B, 146C, 146D, 148, 150, 151, 153, 160, 161, 161A, 161B, 161E, 169
Insert articles 125A
Remove articles 146A, 161C, 161D
Amend schedules 2, 3, 4, 5, 7, 8, 9, 10
Act A354
Constitution (Amendment) Act 1976
27-08-1976 except s.48: 01-01-1976
24th Amend schedule 10 Act A392
Capitation Grant Act 1977
01-01-1976
25th Amend articles 45, 135, 141A, 149 Act A442
Constitution (Amendment) Act 1978
31-12-1978
26th Amend articles 15, 16A, 28A, 38, 42, 45, 48, 52, 55, 56, 57, 70, 71, 88, 89, 95B, 95D, 95E, 112A, 112B, 112C, 112D, 114, 121, 122B, 139, 142, 143, 146D, 149, 150, 153, 161, 161A, 161B, 161E, 169
Remove articles 141, 146C, 146D
Amend schedules 2, 5, 8, 9, 10
Act A514
Capitation Grant Act 1981
15-05-1981 except s.19: 27-08-1976
27th Amend article 122 P.U. (A) 114/1982
Constitution of the Federal Court (Judges) Order 1982
01-05-1982
28th Amend articles 1, 37, 43A, 43B, 46, 48, 53, 56, 57, 58, 59, 66, 80, 87, 90, 105, 114, 121, 122, 122A, 122B, 122C, 123, 124, 125, 125A, 126, 127, 128, 130, 131A, 138, 142, 143, 145, 150, 151, 152, 160, 161, 161A, 161B
Remove article 131
Amend schedules 8, 9
Act A566
Constitution (Amendment) Act 1983
16-12-1983 except s.15, 16, 17: 01-01-1985; s.2: 01-02-1974
29th Amend articles 66, 150
Amend schedule 8
Act A584
Constitution (Amendment) Act 1984
20-01-1984 except s.4: 16-12-1983
30th Amend articles 1, 3, 11, 42, 45, 46, 54, 55, 86, 89, 97, 113, 140, 161A
Amend schedules 8, 9, 11
Act A585
Constitution (Amendment) (No. 2) Act 1984
Part III: 14-04-1984 except s.24 : 01-02-1974; Part I and Part II: 16-04-1984
31st Amend articles 46, 61 Act A631
Constitution (Amendment) Act 1985
24-02-1986
32nd Amend articles 5, 83, 85, 86, 118A, 121, 142, 145
Remove articles 84, 158
Amend schedule 9
Act A704
Constitution (Amendment) Act 1988
10-06-1988
1988 Malaysian constitutional crisis

Another milestone in the Constitution's evolution was the amendment to Article 121 in 1988, which effectively put the judiciary under Parliament's influence. The attorney-general was also empowered to determine the courts for cases to be heard.

To the legal fraternity and civil society, this eroded the judiciary's autonomy and weakened the separation of powers between the three branches of government – the judiciary, the executive and the legislature.

The amendment came in the wake of a series of court cases where the executive accused the judiciary of encroaching on its powers. These cases included a court ruling overturning the government's decision to revoke a foreign correspondent's work permit, judicial reviews of ministerial decisions such as the award of the North South Highway project to UEM, and the declaration of Umno as illegal following a dispute over the party's election in 1987.

Then Lord President, Tun Salleh Abas, and several judges, wrote a letter to the King about the efforts to undermine public confidence in the judiciary. He was charged with writing the letter without the approval of all the judges and displaying bias against the government, and was dismissed in August 1988.

Five Supreme Court judges who objected to the tribunal set up to decide Salleh's fate were suspended. They were the late Tan Sri Wan Suleiman Pawanteh and Tan Sri Eusoffe Abdoolcader, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Salleh and Datuk George Seah. After Salleh's dismissal, a second tribunal was convened to deal with the five judges, resulting in the dismissal of Wan Suleiman and Seah, while the others were acquitted.

Another amendment in 1988 resulted in Article 121 (1)(A), which stipulated a separation of jurisdictions between the civil and syariah courts, whereby the former would have no say over any matter under the syariah court's purview.

33rd Amend articles 48, 139, 141A, 151
Amend schedule 8
Act A767
Federal Constitution (Amendment) Act 1990
11-05-1990
34th Amend article 139 P.U. (A) 149/1990
Constitution of the Public Services Commission Order 1990
15-06-1990
35th Amend article 141A P.U. (A) 150/1990
Constitution of the Education Service Commission Order 1990
15-06-1990
36th Amend articles 46, 65, 113, 132 Act A837
Constitution (Amendment) Act 1992
20-11-1992
37th Amend schedule 10 Act 503
Capitation Grant Act 1993
01-01-1992
38th Amend articles 32, 38, 42, 63, 72
Insert articles 33A, 181, 182, 183
Amend schedule 8
Act A848
Constitution (Amendment) Act 1993
30-03-1993
More controversial were the 1993 amendments that limited the monarchy's power, stripping the nine hereditary state rulers of immunity from prosecution. This came about after an incident where the then Sultan of Johor, Iskandar of Johor allegedly assaulted a sports coach.
39th Amend article 113
Amend schedule 8
Act A849
Constitution (Amendment) (No. 2) Act 1993
16-07-1993 except s.2 and 4: 20-11-1992
40th Amend articles 43, 54
Amend schedules 8, 11
Act A857
Constitution (Amendment) (No. 3) Act 1993
20-08-1993
41st Amend articles 4, 37, 40, 43A, 55, 65, 66, 80, 87, 105, 114, 121, 122, 122A, 122B, 122C, 123, 124, 125, 125A, 126, 127, 128, 130, 131A, 132, 134, 138, 139, 142, 143, 145, 148, 151, 152, 160, 161, 161B, 161E, 182
Insert articles 122AA, 122AB
Amend schedules 6, 8, 9
Act A885
Constitution (Amendment) Act 1994
24-06-1994
42nd Amend schedule 8 Act A919
Federal Constitution (Amendment) Act 1995
21-07-1995
43rd Amend article 46 Act A945
Constitution (Amendment) Act 1996
07-06-1996
44th Amend articles 1, 3, 11, 42, 45, 46, 89, 97, 113
Amend schedules 9, 11
Act A1095
Constitution (Amendment) Act 2001
01-02-2001
45th Amend articles 8, 45, 56, 57, 65, 114, 119, 137
Insert articles 160A, 160B
Amend schedules 7, 11
Act A1130
Constitution (Amendment) (No. 2) Act 2001
28-09-2001
46th Amend article 141A P.U. (A) 169/2001
Constitution of the Education Service Commission Order 2001
01-03-2001
47th Amend article 122A P.U. (A) 378/2001
Constitution of the Court of Appeal Order 2001
01-01-2002
48th Amend schedule 10 Act 622
Capitation Grant Act 2002
01-01-2002
49th Amend article 46 Act A1198
Constitution (Amendment) Act 2003
15-08-2003
50th Amend articles 122, 125
Amend schedules 9, 10
Act A1239
Constitution (Amendment) Act 2005
21-03-2005 except para.5(a): 31-01-2007
51st Amend article 122 P.U. (A) 229/2005
Constitution of the Federal Court Order 2005
02-06-2005
52nd Amend articles 46, 121, 124, 125 Act A1260
Constitution (Amendment) (No. 2) Act 2005
19-01-2006 except para.3(b): 10-10-2003
53rd Amend article 122AA P.U. (A) 384/2006
Constitution of the High Court (Judges) Order 2006
01-10-2006
54th Amend article 122A P.U. (A) 385/2006
Constitution of the Court of Appeal Order 2006
01-10-2006
55th Amend article 114 Act A1320
Constitution (Amendment) Act 2007
27-12-2007
56th Amend article 122 P.U. (A) 163/2009
Constitution of the Federal Court Order 2009
01-05-2009
57th Amend article 122A P.U. (A) 164/2009
Constitution of the Court of Appeal Order 2009
01-05-2009
58th Amend article 47, 119
Amend schedules 8
Act A1603
Constitution (Amendment) Act 2019
11-09-2019 except s.3: 15-12-2021
This amendment lowers the voting age from 21 to 18 and introduces automatic voter registration
59th Amend article 1, 160, 161A Act A1642
Constitution (Amendment) Act 2022
11-02-2022
60th Insert article 119A Act A1656
Constitution (Amendment) (No. 2) Act 2022
15-12-2021
61st Amend articles 10, 48, 160
Insert article 49A
Amend schedule 8
Act A1663
Constitution (Amendment) (No. 3) Act 2022
5-10-2022 except s.6: 08-12-2022
2020–2022 Malaysian political crisis

Following the political crisis that caused by frequent party switching by MPs. The Constitution (Amendment) No. 3 Act 2022 is tabled to prevent another political crisis that caused by party hopping in the future.

References

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  1. ^ "Major changes to the Constitution - the Malaysian Bar".
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