Sep 10, 2011
RELEVANT PROVISIONS IN THE MALAYSIAN CONSTITUTION RELATING TO ABORIGINAL PEOPLE
Supreme Law of Federation
4. (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day whish is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
(2) The validity of any law shall not be questioned on the ground that:-
(a) it imposes restrictions on the right mentioned in Article 9 (2) but does not relate to the matters mentioned therein; or
(b) it imposes such restrictions as are mentioned in Article 10 (2) but those restrictions were not deemed necessary or expedient by Parliament for the purposes mentioned in that Article.
(3) The validity of any law made by Parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or:-
(a) if the law was made by Parliament, in proceedings between the Federation and one or more States;
(b) if the law was made by the Legislature of a State, in proceedings between the Federation and that State.
(4) Proceedings for a declaration that a law is invalid on the ground mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Federal Court; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause.
Slavery and Forced Labour Prohibited
6. (1) No person shall be held in slavery.
(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work incidental to the servicing of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.
(4) Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be bound to serve the second mentioned public authority, and their service with the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of the transfer of his employment.
8. (1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State.
(4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the Federation outside the jurisdiction of the authority.
(5) This Article does not invalidate or prohibit:-
(a) Any provision regulating personal law;
(b) Any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion;
(c) any provision for the protection, well-being or advancement of the aboriginal peoples of the Malay Peninsular (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;
(d) any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having jurisdiction only in that State or part, or for voting in such an election;
(e) any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Daya;
(f) any provision restricting enlistment in the Malay Regiment to Malays.
Composition of Senate
45. (1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:-
(a) two members for each State shall be elected in accordance with the Seventh Schedule; and
(a) two members for the Federal Territory of Kuala Lumpur and one member for the Federal Territory of Layuah shall be appointed by the Yang di-Pertuan Agong; and
(b) forty members shall be appointed by the Yang di-Pertuan Agong.
(2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.
(3) The term of office of a member of the Senate shall, subject to the provisions of the Seventh Schedule, be three years and shall not be affected by a dissolution of Parliament.
(4) Parliament may by law -
(a) increase to three the number of members to be elected for each State;
(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of the State;
(c) decrease the number of appointed members or abolish appointed members.
Article 160 (2)
“Aborigine” means an aborigine of the