The Constitution of Penang, introduced in 1957, is the fundamental law of the

Malaysian state The states and federal territories of Malaysia are the principal administrative divisions of Malaysia. Malaysia is a federation of 13 states (''Negeri'') and 3 federal territories (''Wilayah Persekutuan''). States and federal territories Ele ...

Penang Penang ( ms, Pulau Pinang, is a Malaysian state located on the northwest coast of Peninsular Malaysia, by the Malacca Strait. It has two parts: Penang Island, where the capital city, George Town, is located, and Seberang Perai on the Malay ...

. The constitution, which came into effect just before the independence of the Malayan Federation (now

Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...

) from the

British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...

, concerns the formation and proceedings of the state government. It also establishes the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

(

Malay Malay may refer to: Languages * Malay language or Bahasa Melayu, a major Austronesian language spoken in Indonesia, Malaysia, Brunei and Singapore ** History of the Malay language, the Malay language from the 4th to the 14th century ** Indonesi ...

: ''Yang di-Pertua Negeri'') as the head of state who acts in the discretion of the

Chief Minister A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union terri ...

, the head of government.

History

The Constitution of Penang was drafted following the accession of the then British colony of Penang into the

Federation of Malaya The Federation of Malaya ( ms, Persekutuan Tanah Melayu; Jawi script, Jawi: ) was a federation of what previously had been British Malaya comprising eleven states (nine Malay states and two of the British Empire, British Straits Settlements, P ...

. 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

, 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 The Reid Commission was an independent commission responsible for drafting the Constitution of the Federation of Malaya prior to Malayan independence from the United Kingdom of Great Britain and Northern Ireland on 31 August 1957. Constitutional ...

, which was tasked with the drafting of the Malayan federal constitution. The constitution came into effect on 30 August 1957, one day prior to the

independence of Malaya Independence Day ( ms, Hari Merdeka, also known as ''Hari Kebangsaan'' or "National Day"), is the official independence day of Malaya. It commemorates the Malayan Declaration of Independence of 31 August 1957, and is defined in Article 160 ...

from the

. 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).

Part I

Part 1 contains articles 1 to 9, which are further divided into four chapters. It pertains to the powers of the

(

: ''Yang di-Pertua Negeri'') as the head of state and the

as the head of government, as well as the

Penang State Executive Council The Penang State Executive Council is the executive authority of the state government of Penang, a Malaysian state. Led by the Chief Minister, the head of government who is appointed by Penang's head of state, the Governor, the Executive Council al ...

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 Penang State Legislative Assembly is the legislature of the Malaysian state of Penang. It is a unicameral institution, consisting of a total of 40 elected lawmakers representing single-member constituencies throughout Penang. The state legi ...

, 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 Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the statu ...

of the

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

# First Schedule: Forms of Oaths and Affirmations # Second Schedule: Provisions of the Federation of Malaya Order in Council 1948

References

{{Penang Constitution of Malaysia 1957 in law 1957 documents 1957 in Malayan law 1957 in Malaya Law of Malaysia 1957 establishments in Malaya