The Laws of the Constitution of Selangor 1959 is the constitution of the state of Selangor in Malaysia and establishes the state as a constitutional monarchy with the Sultan of Selangor as its head of state. It also laid down the fundamental structure and machinery of government in Selangor, such as the state executive council and the state legislative assembly. It came into force in April 1959 following the independence of Federation of Malaya in 1957.
History The Laws of the Constitution of Selangor Part I was firstly introduced on 1 February 1948, following the formation of Federation of Malaya. Under the State Agreement, the Malay Rulers are required to promulgated their State Constitution of which are used to distinguish the legislative power from the executive power by constituting a legislative body. Part II was introduced on 2 May 1950.
After Malaya gained independence, the Selangor State Council unanimously approved a new state constitution on 26 March 1959. The new constitution was then signed by the Sultan of Selangor and other dignitaries on 30 April the same year. It retrospectively took effect on 1 April 1959 as the Laws of the Constitution of Selangor 1959, and revoked and replaced the two previous Laws of the Constitution of Selangor of 1948 and 1950.
Composition The Constitution, in its current form (1 January 2008), consists of 2 Parts, 19 chapters containing 103 articles and 1 schedule (including 34 amendments).
Part 1 Preliminary Preliminary contains four articles; article 1 for short title and date of commencement, article 2 for constitutional amendments, article 3 for First Part of the Laws of the Constitution and article 4 for interpretation of the terminologies used by the royal family members, heirs, elders, territorial chiefs, council of the Royal Court and Islamic Law.
Chapter 1 - The Sultan Chapter 1 contains ten articles; article 5 to 13. This chapter pertains to the Sultan of Selangor, including the qualifications of becoming the Sultan, order of successions and rules regarding the abdication of Sultan.
Chapter 2 - The Heir Chapter 2 contains seven articles; article 14 to 20. This chapter pertains to the Heir Apparent of Selangor, including the styles and titles may be used by the Heir (Raja Muda Selangor), his role in state affairs, the qualification of becoming one and rules regarding the abdication of Heir.
Chapter 3 - Regency Chapter 3 contains two articles; article 21 and 22. It addresses the conditions that requires a regency, the process of appointing a regent and the regents role in Conference of Rulers.
Chapter 4 - Dewan Di-Raja Chapter 4 contains sixteen articles; article 23 to 37. It addresses the functions of Dewan Di-Raja (Selangor Council of the Royal Court), the appointment of its members, and rules regarding the council's proceedings.
Chapter 5 - Titles and Honours Chapter 5 contains three articles; article 38 to 40. This chapter pertains to the Sultan's role as the fountain of honours and dignity. It addresses the Sultan's powers in giving honours, and the power to degrade any rank or title he had conferred.
Chapter 6 - Consorts of The Sultan and Raja Muda Chapter 6 contains five articles; article 41 to 44. It addresses rules regarding the appointment of consorts of the Sultan and Raja Muda, their styles and titles, and their entitlements.
Part 2 - The Machinery of Government
Part 2 Preliminary Part 2 Preliminary consists of two articles; article 45 for second part of the Laws and article 46 for interpretation of the terminologies used by the State Government and its organs and servants.
Chapter 1 - Religion of the state This chapter contains two articles; article 47 and 48. It pertains to the religion of the state and Sultan's role as the Head of Religion. It also provides that everyone has the freedom to practice his own religion.
Chapter 2 - The state seal This chapter contains only one article; article 49. It describes the appearance of the Public Seal of the State of Selangor and its functions.
Chapter 3 - Executive This chapter contains eleven articles; article 50 to 59. It pertains to executive authority power of the Sultan, the process of appointment of Mentri Besar of Selangor, State Secretary, Legal Advisor, Financial Officer, and the members of Selangor State Executive Council and rules regarding the proceedings of the council.
Chapter 4 - The Power of Pardon This chapter contains one article; article 60. It addresses the power of Sultan to give pardon, reprieve or respite to convicted criminals that carries out crime in the state. It also pertains to the Pardon Board, its membership and its role.
Chapter 5 - The Legislature This chapter contains twenty three articles; article 61 to 83. It pertains to the Selangor State Legislative Assembly, its memberships, summoning, prorogation and dissolution, Speaker election, roles, and proceedings.
Chapter 6 - Finance This chapter contains six articles; article 84 to 89. It addresses financial issues and the budget.
Chapter 7 - Capacity of the State This chapter contains one article; article 90. It addresses the capacity of the state to acquire, hold or dispose of property of any kind, and to sue or be sued.
Chapter 8 - Special Position Relating to the Malays This chapter contains one article; article 91. It pertains to the special position of the Malays and the Sultan role of safeguarding it.
Chapter 9 - General Provisions This chapter contains five articles; article 92 to 96. Article 92 provides that there shall be impartial treatment towards any state employees regardless of their races. Article 93 describes the state mottos, emblems and flags. Article 94 and 95 pertains to the interpretation of the constitution. Article 96 - The Royal Prerogatives, provides that the Constitution shall not affect the prerogatives, powers and jurisdiction of the Sultan. Chapter 10 - State Service Commission This chapter contains one article; article 97. It pertains to the State Service Commission, its membership, roles and responsibility.
Chapter 11 - Amendments of the Constitution This chapter contains one article; article 98. It pertains to mechanisms and procedures related to amending the Constitution.
Chapter 12 - Transitional Provisions This chapter contains one article; article 99. It addresses the membership of the temporary State Executive Council after the dissolution of Legislative Assembly.
Chapter 13 - Reprint and the Authoritative Text of The Constitution This chapter contains one article; article 100. It pertains to the reprinting procedure of the Constitution and its authoritative text.
The Schedule Article 77 - Powers and privileges of the Legislative Assembly
The Monarch Chapter 1 - The Sultan
Article 5 provides that the Sultan and his Heir(s) shall be a person who is: a Malay of Royal Blood a descendant of Selangor Sultan a male professes the Muslim religion
Article 6 provides that the Sultan must be of lawfully begotten and acknowledged descendant of Sultan Hisamuddin Alam Shah. The succession order is determined by agnatic primogeniture, that is according to seniority of lineage, firstly among the sons of the previous Sultan, with sons and their male-line issue inheriting before brothers and their issue. It is unlawful to choose or appoint any other person as Sultan as long as the descendant of Sultan Hisamuddin exists.
A descendant is disqualified to be a Sultan if after full and complete enquiry by Dewan Di-Raja (Selangor Council of the Royal Court), he is founded to have some great and serious defect, derogatory to the quality of a Sultan, such as insanity, blindness, dumbness or possessing some qualities that makes him unsuitable to be a Sultan according to Hukum Shara'. Hukum Shara' is defined as Islamic Law in any legal schools.
Article 7 provides that if male lineal descendant of Sultan Hisamuddin Alam Shah is to extinct, or if the descendants are unworthy of becoming Sultan, according to article 6, it is necessary to choose and appoint Sultan from the descendants of Sultan Alaeddin Sulaiman Shah. If there are still no eligible successor, the Sultan must be appointed from the descendants of Sultan Abdul Samad and so on. The order of descendants, in descending order of degree of kinship are; Sultan Hisamuddin Alam Shah, Sultan Alauddin Sulaiman Shah, Sultan Abdul Samad, Sultan Ibrahim Shah, Sultan Salehuddin Shah. Article 7(6) states that no person shall be appointed as the Sultan by virtue of the provisions contained in Article 7 unless he is a male of acknowledged genuine and lawful blood.
Article 8 provides that if there are no one eligible to be Sultan under the provisions of Article 7, the choice and appointment of Sultan shall be left to consideration, judgement and decision of the Dewan Di-Raja. The chosen Sultan must; be a male of mature age, has a sound mind, of the Malay race and born in the State of Selangor, a subject of the former Sultan, professing the Muslim religion, of good blood, acknowledged to be legitimately and lawfully begotten, able to read and write the Malay language, possessing good and praiseworthy reputation, understanding, nature, temper, disposition and deportment. If the person chosen is not of a Royal Blood, the provisions of Article 5 shall not apply but the case shall be deemed to be a lawful exception of it.
Article 9 states that if the Sultan is to assumed the throne as a minor, that is before he has completed the full age of twenty one years (of which according to Muslim reckoning shall not be counted as an adult), a person must be appointed as a Regent or not less than three people as members of a Council of Regency until the Sultan is of age. The Regent and members of the Council of Regency must be of Malay race and born in the State of Selangor, professing the Muslim religion, and subjects to the Sultan but not necessarily of Royal Blood. He or they must be chosen by Dewan Di-Raja and appointed under the State Seal signed by the Menteri Besar. The appointment must be notified in the Gazette. The appointed Regent is held answerable for all acts of the Sultan during his minority State affairs, and if these acts are against the custom of the state or the Laws of the Constitution of Selangor, the Dewan Di-Raja may remove the regent and appoint someone else in his place.
Article 9A states that the Sultan must be installed according to the custom of the state within four years from the date of His Confirmation and Proclamation as Sultan or, with the consent of Dewan Di-raja, within four years after the Sultan complete full age of twenty one. If the Sultan is not installed within the time frame, he is deemed to have abdicated and relinquished His Royal rights and powers, and provisions of Article 11(4) will apply accordingly.
Article 10 prevent the Sultan from being absent from the State of Selangor for more than twelve consecutive calendar months. If he does so, a Successor must be chosen and appointed unless the Dewan Di-Raja deems the prolonged absence is due to sufficient and excusable cause. If the Sultan absent himself, he is deemed no longer to be the Sultan and to have relinquished his right and claims on the state, provided that the Legislative Assembly provide the Sultan an allowance that is no more than one fourth of his maintenance when he is in reign. The allowance must be charged on the Consolidated Fund. This Article does not apply when the Sultan is holding the office of the Yang di-Pertuan Agong.