©Malay Mail (Used by permission)
(As published on the www.mmail.com.my on 4 August 2010)
LAST week, we learnt that our country, Malaysia, is made up of 13 States. Each of these States can make its own laws and has its own State government. We also discussed how the State governments and the Federal government work together, the sort of laws Parliament and States can make.
This week, we will delve into how Executive power is different for the Federal and State governments, along with some frequently asked questions.
How is Executive power divided between the Federal government and the State governments?
Under the Constitution, Parliament and the State Legislative Assemblies have powers to make laws. The power to govern according to those laws (called Executive power) belongs to the Federal government and the 13 State governments.
The Federal government has executive power over all matters on which Parliament can make laws. The States have executive power over all matters on which the Legislative Assemblies can make laws.
The Federal government’s executive power can sometimes affect the State government’s executive power.
For example, where the Federal government needs land in a State for matters of national interest, the State government must use its power to make sure that the Federal government gets the land.
Are there any other Constitutional Institutions that affect the States?
National policy–making bodies can control the kinds of laws that the States can make. Examples are the National Council for Local Government (NCLG) and the National Land Council (NLC). The NCLG is a body that makes national policy for the promotion, development and control of local governments in all of Malaysia.
The Federal and State governments must follow the policies made by the NCLG. However, Sabah and Sarawak do not need to follow an NCLG policy unless Parliament passes a law that says Sabah and Sarawak must follow it and the Legislative Assembly of that State agrees to it.
The NLC is a body that makes national policy on land matters. The Federal and State governments must follow the policies made by the NLC. However, Sabah and Sarawak do not need to follow an NLC policy unless Parliament passes a law that says Sabah and Sarawak must follow it and the Yang di–Pertua Negeri of that State agrees to it.
Both the NCLG and the NLC consist of a chairman who is a Minister, one representative from each of the States appointed by the Ruler or Yang di–Pertua Negeri and generally no more than 10 representatives of the Federal government.
Funding in a Federation
All monies collected by the Federal government go into the Federal Consolidated Fund. The Federal government, among other things, receives revenue from immigration, passports, visas, income tax, sales tax, road tax, other corporate taxes and customs duty.
All monies collected by State governments go into the State Consolidated Fund. Among other things, States receive revenue from toddy shops, lands, mines, forests, entertainment duty, town councils, rental of State property, and receipts from land sales.
In addition, States are entitled to some money from the Federal government. Every year, the Federation gives each State a sum of money according to the number of people in the State (the capitation grant), as well as a sum of money to maintain State roads.
For the capitation grant, a State will get RM72 each for the first 100,000 people, RM10.20 each for the next 500,000 people, RM10.80 each for the next 500,000 people, and RM11.40 for each remaining person.
Sabah and Sarawak receive additional money from the Federal government, and from (i) taxes, fees and duties on petroleum products, timber, other forests products, and minerals (except for tin), and (ii) licenses connected to water supplies and services.
Examples of Federal–State Relations in Action
1. As a Malaysian citizen, you get to vote for the person you want to represent you in the Dewan Rakyat. This person is your Member of Parliament. If you live in one of the 13 States in Malaysia, you also get to vote for the person you want to represent you in the State Legislative Assembly. This is your State Assemblyman.
2. The crime rate in your neighbourhood has increased. You want to know what the police are doing to solve the problem. Who should you go to — your State Assemblyman, or your Member of Parliament?
Under the Constitution, police and internal security are matters in the Federal List, so you should ask your Member of Parliament to ask the Home Minister in Parliament about what the police are doing.
Frequently Asked Questions
1. Can the Constitution be amended to change what is on the Federal List, the State List and the Concurrent List?
Yes, Parliament can amend the Federal List, the State List and the Concurrent List to add or remove matters on those Lists. However, two–thirds of the members of Parliament must agree to amend the Lists. Also, the Yang di–Pertua Negeri of Sabah and Sarawak must agree to amend the Lists if the changes affect Sabah and Sarawak.
2. Has Parliament ever amended the Federal, State and Concurrent Lists?
Yes, Parliament has amended the Lists. For example, before 2005, only the States could make laws on water supplies within that State and to enter into agreements with other States on water supplies between those States. However, in 2005, Parliament amended the Constitution to move the States’ power to do this from the State List to the Concurrent List. This means that now both Parliament and the States can make laws on those matters. If there is any conflict between Parliament’s law and the State’s law on these matters, Parliament’s law applies.
3. Can States in West Malaysia call for local government elections?
Local government elections is a matter under the State List. However, as we said earlier, for West Malaysia, Parliament can make laws on a matter in the State List in order to ensure that the laws on that matter are the same in all those States and if the laws are on local government, the States’ consent is not needed.
In 1976, Parliament passed the Local Government Act. Among other things, this Act says that all laws allowing local government elections no longer apply.
However, some argue that the Local Government Act allows the States to exempt any area of the State from having to follow the Act, and by exempting certain areas, the States can hold local government elections in those areas.
You can also learn more about the MyConstitution Campaign or follow it on:
● www.perlembagaanku.com
● www.malaysianbar.org.my/constitutional_law_committee
● www.facebook.com/MyConstitution
● www.twitter.com/MyConsti
● www.youtube.com/user/PerlembagaanKu
LAST week, we learnt that our country, Malaysia, is made up of 13 States. Each of these States can make its own laws and has its own State government. We also discussed how the State governments and the Federal government work together, the sort of laws Parliament and States can make.
This week, we will delve into how Executive power is different for the Federal and State governments, along with some frequently asked questions.
How is Executive power divided between the Federal government and the State governments?
Under the Constitution, Parliament and the State Legislative Assemblies have powers to make laws. The power to govern according to those laws (called Executive power) belongs to the Federal government and the 13 State governments.
The Federal government has executive power over all matters on which Parliament can make laws. The States have executive power over all matters on which the Legislative Assemblies can make laws.
The Federal government’s executive power can sometimes affect the State government’s executive power.
For example, where the Federal government needs land in a State for matters of national interest, the State government must use its power to make sure that the Federal government gets the land.
Are there any other Constitutional Institutions that affect the States?
National policy–making bodies can control the kinds of laws that the States can make. Examples are the National Council for Local Government (NCLG) and the National Land Council (NLC). The NCLG is a body that makes national policy for the promotion, development and control of local governments in all of Malaysia.
The Federal and State governments must follow the policies made by the NCLG. However, Sabah and Sarawak do not need to follow an NCLG policy unless Parliament passes a law that says Sabah and Sarawak must follow it and the Legislative Assembly of that State agrees to it.
The NLC is a body that makes national policy on land matters. The Federal and State governments must follow the policies made by the NLC. However, Sabah and Sarawak do not need to follow an NLC policy unless Parliament passes a law that says Sabah and Sarawak must follow it and the Yang di–Pertua Negeri of that State agrees to it.
Both the NCLG and the NLC consist of a chairman who is a Minister, one representative from each of the States appointed by the Ruler or Yang di–Pertua Negeri and generally no more than 10 representatives of the Federal government.
Funding in a Federation
All monies collected by the Federal government go into the Federal Consolidated Fund. The Federal government, among other things, receives revenue from immigration, passports, visas, income tax, sales tax, road tax, other corporate taxes and customs duty.
All monies collected by State governments go into the State Consolidated Fund. Among other things, States receive revenue from toddy shops, lands, mines, forests, entertainment duty, town councils, rental of State property, and receipts from land sales.
In addition, States are entitled to some money from the Federal government. Every year, the Federation gives each State a sum of money according to the number of people in the State (the capitation grant), as well as a sum of money to maintain State roads.
For the capitation grant, a State will get RM72 each for the first 100,000 people, RM10.20 each for the next 500,000 people, RM10.80 each for the next 500,000 people, and RM11.40 for each remaining person.
Sabah and Sarawak receive additional money from the Federal government, and from (i) taxes, fees and duties on petroleum products, timber, other forests products, and minerals (except for tin), and (ii) licenses connected to water supplies and services.
Examples of Federal–State Relations in Action
1. As a Malaysian citizen, you get to vote for the person you want to represent you in the Dewan Rakyat. This person is your Member of Parliament. If you live in one of the 13 States in Malaysia, you also get to vote for the person you want to represent you in the State Legislative Assembly. This is your State Assemblyman.
2. The crime rate in your neighbourhood has increased. You want to know what the police are doing to solve the problem. Who should you go to — your State Assemblyman, or your Member of Parliament?
Under the Constitution, police and internal security are matters in the Federal List, so you should ask your Member of Parliament to ask the Home Minister in Parliament about what the police are doing.
Frequently Asked Questions
1. Can the Constitution be amended to change what is on the Federal List, the State List and the Concurrent List?
Yes, Parliament can amend the Federal List, the State List and the Concurrent List to add or remove matters on those Lists. However, two–thirds of the members of Parliament must agree to amend the Lists. Also, the Yang di–Pertua Negeri of Sabah and Sarawak must agree to amend the Lists if the changes affect Sabah and Sarawak.
2. Has Parliament ever amended the Federal, State and Concurrent Lists?
Yes, Parliament has amended the Lists. For example, before 2005, only the States could make laws on water supplies within that State and to enter into agreements with other States on water supplies between those States. However, in 2005, Parliament amended the Constitution to move the States’ power to do this from the State List to the Concurrent List. This means that now both Parliament and the States can make laws on those matters. If there is any conflict between Parliament’s law and the State’s law on these matters, Parliament’s law applies.
3. Can States in West Malaysia call for local government elections?
Local government elections is a matter under the State List. However, as we said earlier, for West Malaysia, Parliament can make laws on a matter in the State List in order to ensure that the laws on that matter are the same in all those States and if the laws are on local government, the States’ consent is not needed.
In 1976, Parliament passed the Local Government Act. Among other things, this Act says that all laws allowing local government elections no longer apply.
However, some argue that the Local Government Act allows the States to exempt any area of the State from having to follow the Act, and by exempting certain areas, the States can hold local government elections in those areas.
You can also learn more about the MyConstitution Campaign or follow it on:
● www.perlembagaanku.com
● www.malaysianbar.org.my/constitutional_law_committee
● www.facebook.com/MyConstitution
● www.twitter.com/MyConsti
● www.youtube.com/user/PerlembagaanKu