THE nature of the federal-state relationship in Malaysia is strongly etched in the Federal Constitution, said constitutional lawyers, who urged Malaysians, especially the younger generation, to be educated in the nation’s formation.

They said that it is important to safeguard and adhere to the constitution to move forward as a nation.

Lawyer Malik Imtiaz Sarwar said it is also important for Malaysians to acknowledge and understand the nation’s history.

He said history must be revisited to better understand the context of what the constitution entails.

Malik said the journey of the Federal Constitution can be traced right up to 1946 when the Malaya Agreement was formulated by the British–Malay Pleno Conference between June and December 1946. 

The Pleno Conference produced a 100-page “Blue Book”.

It was signed on January 21, 1948 at the King House by the Malay rulers, and by Sir Edward Gent as the representative of the British government.

“The 1948 Federation of Malaya Agreement will explain the genesis of federation. This was then carried through into the 1957 agreement, which was the culmination of the discussions between the Alliance coalition, the Malay rulers and the British crown. 

“The Reid Commission made its recommendations on the proposed constitution, with the Alliance proposing modifications in the white paper. This led to the Federal Constitution being established,” said Malik in an interview.

Historical background

The 1948 Federation of Malaya Agreement superseded the agreement creating the Malayan Union, and prepared for the establishment of the Federation of Malaya on February 1, 1948. 

The position of the Malay rulers was also restored.

The federation became independent from British colonial rule and became an independent member of the Commonwealth of Nations on August 31, 1957.

Just before that, in March 1956, an independent commission to draw up a constitution for a fully self-governing and independent Malaya was set up. 

Accordingly, a commission headed by Lord Reid and consisting of constitutional experts from fellow Commonwealth countries was appointed by Queen Elizabeth II and the Malay rulers. 

The commission met 118 times and received 131 memoranda from individuals and organisations, including from the Alliance and the Conference of Malay Rulers.

In 1963, the federation was reconstituted as “Malaysia” when it federated with the British territories of Singapore, Sarawak and Sabah, only for Singapore to withdraw later.

The constitution was also amended to incorporate the inclusion of Sabah and Sarawak. Presently, the two Borneo states are seeking more rights to emphasise an equal status in the federation.

The two states rely on the 18-point agreement, which was part of the 1963 Malaysia agreement, which put them as being equal to the federation.

The federal government has now agreed to raise the status of Sabah and Sarawak, including by identifying them as territories and not as states.

Recently, the Regent of Johor Tunku Ismail Sultan Ibrahim called for a reform of the federal system, with Johor to be treated as a partner.

He also suggested that Johor-based political parties unite in a coalition known as “Gabungan Bangsa Johor” to guarantee the state’s interests.

Noting how Sarawak’s ruling coalition Gabungan Parti Sarawak is made up of several Sarawak-based parties, Tunku Ismail said the state has used that to its advantage to negotiate more effectively with federal authorities.

Constitution must be respected

Constitutional law lecturer Prof Gurdial Singh Nijar said that this was not the first time that the regent of Johor had raised the matter.

“(However) the matter can be discussed just as a debate for now,” he said.

Former Bar Council chairman Abdul Fareed Abdul Gafoor, meanwhile, pointed out that the agreements of 1957 and 1963 differ on its onset but essentially, the Federal Constitution was rewritten at that time to cover the needs of one entire nation.

Senior lawyer S. Raveentharan, who is also a former PKR politician, said that the Johor regent has a point, adding that a consensus was needed for a uniform progress for all states in the country.

He stressed that while each state might seek different demands from the federal government, the Federal Constitution must be respected as a sovereign law of the land.

“The Federal Constitution must not be manipulated by any quarters,” he said.

He said that Malaysians need more spending on healthcare, more investments in proper infrastructure and better living standards.

Raveentharan said that becoming an elected representative is a huge responsibility because the public’s expectations are at an all-time high due to the global economic challenges, compounded by a pandemic and climate change.

“We should therefore focus on what the people need and want, not what politicians or others are craving for,” he said. – June 25, 2024.