by Ganesh Sahathevan
The Federation of Malaya, and its successor, the Federation of Malaysia, was born as a result of an Act of the UK Parliament, the Federation of Malaya Independence Act 1957.
Paragraph 1(1) of that Act states, amongst other things, that the Federation is formed as a result of the agreement " between Her Majesty and the Rulers of the Malay States".
There is nothing in that Act or in Malaysia's Constitution that limits the powers of the Malays Rulers such that the Rulers would not have the power to withdraw from the Federation. It appears that Tun Mahathir understands the problem, when he warns that the Regent Of Johor, Tengku Ismail's demand to be treated as a partner rather than subordinate to the Federation would cause the Federation to "crumble".
Tun Mahathir, it is noted, does not dismiss the Johor Regent's demands as being fanciful and unconstitutional, as some have.
END
Federation of Malaya Independence Act 1957
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1. Provision for establishment of the Federation as an independent sovereign country.
(1)Subject to the provisions of this section, the approval of Parliament is hereby given to the conclusion between Her Majesty and the Rulers of the Malay States of such agreement as appears to Her Majesty to be expedient for the establishment of the Federation of Malaya as an independent sovereign country within the Commonwealth.
(2)Any such agreement as aforesaid may make provision—
(a)for the formation of the Malay States and of the Settlements of Penang and Malacca into a new independent Federation of States under a Federal Constitution specified in the agreement and for the application to those Settlements, as States of the new Federation, of State Constitutions so specified;
(b)for the termination of Her Majesty’s sovereignty and jurisdiction in respect of the said Settlements, and of all other Her power and jurisdiction in and in respect of the Malay States or the Federation as a whole, and the revocation or modification of all or any of the provisions of the Federation of Malaya Agreement, 1948, and of any other agreements in force between Her Majesty and the Rulers of the Malay States.
(3)Any such agreement shall be conditional upon the approval of the new Federal Constitution by enactments of the existing Federal Legislature and of each of the Malay States; and upon such approval being given Her Majesty by Order in Council may direct that the said Federal and State Constitutions shall have the force of law within the said Settlements, and, so far as She has jurisdiction in that behalf, elsewhere within the Federation, and may make such other provision as appears to Her to be necessary for giving effect to the agreement.
(4)Any Order in Council under this section shall be laid before Parliament after being made.
(5)In this Act “the appointed day” means such day as may be specified by Order in Council under this section as the day from which the said Federal Constitution has the force of law as aforesaid.
Modifications etc. (not altering text)
C131.8.1957 specified under s. 1(5) by S.I. 1957/1533 (1957 I, p. 832), art. 2
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