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  1. Constitutions
  2. Malaysia
  3. (1) As from the passing of the Malaysia Act no amendment

🇲🇾 MalaysiaConstitution

Perlembagaan Persekutuan

(1) As from the passing of the Malaysia Act no amendment

Jurisdiction
Malaysia
Provision
161e
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
161e. (1) As from the passing of the Malaysia Act no amendment to the Constitution made in connection with the admission to the Federation of the State of Sabah or Sarawak shall be excepted from Clause (3) of Article 159 by paragraph (bb) of Clause (4) of that Article; nor shall any modification made as to the application of the Constitution to the State of Sabah or Sarawak be so excepted unless the modification is such as to equate or assimilate the position of that State under the Constitution to the position of the States of Malaya. (2) No amendment shall be made to the Constitution without the concurrence of the Yang di-Pertua Negeri of the State of Sabah or Sarawak or each of the States of Sabah and Sarawak concerned, if the amendment is such as to affect the operation of the Constitution as regards any of the following matters: (a) the right of persons born before Malaysia Day to citizenship by reason of a connection with the State, and (except to the extent that different provision is made by the Constitution as in force on Malaysia Day) the equal treatment, as regards their own citizenship and that of others, of persons born or resident in the State and of persons born or resident in the States of Malaya; (b) the constitution and jurisdiction of the High Court in Sabah and Sarawak and the appointment, removal and suspension of judges of that court; (c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, and the [Article 161e] Federal Constitution 160 executive authority of the State in those matters, and (so far as related thereto) the financial arrangements between the Federation and the State; (d) religion in the State, the use in the State or in Parliament of any language and the special treatment of natives of the State; (e) the allocation to the State, in any Parliament summoned to meet before the end of August 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation on Malaysia Day, than the quota allocated to the State on that Day. (3) No amendment to the Constitution which affects its operation as regards the quota of members of the House of Representatives allocated to the State of Sabah or Sarawak shall be treated for purposes of Clause (1) as equating or assimilating the position of that State to the position of the States of Malaya. (4) In relation to any rights and powers conferred by federal law on the Government of the State of Sabah or Sarawak as regards entry into the State and residence in the State and matters connected therewith (whether or not the law is passed before Malaysia Day) Clause (2) shall apply, except in so far as the law provides to the contrary, as if the law had been embodied in the Constitution and those rights and powers had been included among the matters mentioned in paragraphs (a) to (e) of that Clause. (5) In this Article “amendment” includes addition and repeal.

Source record

Source and verification

Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.

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