Constitution of the State of Penang

The Constitution of Penang, introduced in 1957, is the fundamental law of the Malaysian state of Penang. The constitution, which came into effect just before the independence of the Malayan Federation (now Malaysia) from the British Empire, concerns the formation and proceedings of the state government.[1] It also establishes the Governor (Malay: Yang di-Pertua Negeri) as the head of state who acts in the discretion of the Chief Minister, the head of government.

Constitution of the State of Penang
Date effective30 August 1957
PurposeInstitution of a formal constitution for the State of Penang, a constituent state of Malaysia.

History

The Constitution of Penang was drafted following the accession of the then British colony of Penang into the Federation of Malaya. Among the issues pertaining to the drafting of the new constitution for Penang were the establishment of a democratically elected government to be led by the Governor, and the state's powers in the matters of Malay customs and Islamic affairs. The draft constitution was also included in a report published by the Reid Commission, which was tasked with the drafting of the Malayan federal constitution.[2]

The constitution came into effect on 30 August 1957, one day prior to the independence of Malaya from the British Empire.[1] Since then, 18 amendments have been made to the constitution, with the last amendment in force since 2007.

Composition

The Constitution of Penang consists of five Parts containing 42 articles and two schedules (including 18 amendments).[1]

Part I

Part 1 contains articles 1 to 9, which are further divided into four chapters. It pertains to the powers of the Governor (Malay: Yang di-Pertua Negeri) as the head of state and the Chief Minister as the head of government, as well as the Penang State Executive Council as the executive authority of the state government. It also affirms Islam as the religion of the State, although "other religions may be practised in peace and harmony in any part of the State". In addition, Part 1 addresses the capacity of the state to acquire, hold or dispose of property of any kind, and to sue or be sued.

Part II

Part 2 consists of articles 10 to 27. It pertains to the establishment and the proceedings of the Penang State Legislative Assembly, the legislature of the State of Penang. Among the issues addressed are the qualifications of the elected State Assemblymen, the summoning, prorogation and dissolution of the legislature, the election of the Speaker, legislative powers and procedures, and the remuneration of the State Assemblymen.

Part III

Part 3 covers articles 28 to 33, and pertains to the state's financial provisions, including taxation, the annual publication of financial statements, state government's expenditure and Supply Bills.

Part IV

Part 4 includes articles 34 to 37, and pertains to General Provisions, such as the impartial treatment of the state government's employees, as well as the amendment, interpretation and reprinting of the Constitution.

Part V

Part 5, which contains articles 38 to 42, pertains to Transitional Provisions which took effect upon the independence of the Federation of Malaya in 1957. Among the issues addressed within Part 5 are the appointment of the first Governor of Penang, the proceedings of the state government during a specified transition period and the transfer of officers.

Schedules
  1. First Schedule: Forms of Oaths and Affirmations
  2. Second Schedule: Provisions of the Federation of Malaya Order in Council 1948

References
  1. "Constitution of the State of Penang" (PDF). Penang State Legislative Assembly.
  2. Commission, Federation of Malaya Constitutional. Report of the Federation of Malaya Constitutional Commission, 1957.
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