INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

KULLIYYAH OF ARCHITECTURE & ENVIRONMENTAL DESIGN

DEPARTMENT OF QUANTITY SURVEYING

BAQS 1242 LEGAL STUDIES FOR QUANTITY SURVEYORS

(SEMESTER 2, SESSION 2024/2025)

WRITTEN REPORT: THE STATE CONSTITUTION

INSTRUCTOR NAME:

ASST. PROF. DR. SHARINA FARIHAH BINTI HASAN

GROUP MEMBERS:

No Name Matric No
1. NUR AMNAH FATHIYYAH BINTI ABDUL FATAH 2411832
2. NURSOFIAH RAIMEE BINTI MUHAMMAD JORAIMEE 2419790
3. NURUL AQMA HADHIRAH BINTI HASNAN 2416618
4. SITI ZAHIDAH BINTI NOR BAHARI 2411180

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 TABLE OF CONTENTS PAGE
1.0 INTRODUCTION 4

2.0 BASIC STRUCTURE OF STATE GOVERNMENT 4

2.1 Basic Structure of State Constitution
2.2 Political Process
3.0 State legislative power in Malaysia 6
3.1 Definition of State Legislative Power
3.2 State Legislative Assembly
3.3 Legislative Process in the State Assembly
4.0 STATE EXECUTIVE POWER 10
4.1 Definition of State Executive Power
4.2 Roles and Responsibilities of State Executive
4.3 Provisions of State Executive Power
4.4 Limitations of State Executive Power
4.5 Conclusion of State Executive Power
5.0 LOCAL AUTHORITIES 15
5.1 Introduction of local authorities
5.2 The development of local government system in Malaysia
5.3 Categories of local authorities in Malaysia
5.4 Functions of local authorities
6.0 CONCLUSION 19

7.0 REFERENCES 20

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1.0 Introduction

A state constitution is the supreme law governing the internal affairs of a state within a
federal system. In Malaysia is a federal constitutional monarchy consisting of 13 states. Each
of the state's own constitution that operates under the framework of the Federal Constitution.
The Federal Constitution is one of the most important sources of law in Malaysia. To
understand state constitution, one must understand the federal system of government in
Malaysia first. It refers to the division of powers and responsibilities between the federal
government and state governments.

To fully understand the role and function of state constitutions, it is essential to first
understand Malaysia’s federal system of government. This system, established by the Federal
Constitution, outlines the division of powers and responsibilities between the federal and state
governments. It was designed to maintain national unity while allowing for state-level
diversity, and it sets the foundation for how Malaysia is governed, including the roles of the
Yang di-Pertuan Agong (the King) and Parliament.

The Federal Constitution grants each of the 13 states the authority to adopt its own
constitution, provided it does not contradict the Federal Constitution. While states are
empowered to govern matters such as land, religion, and local government through their own
laws and legislative assemblies, these laws must remain consistent with federal principles. This
introduction sets the stage for a closer examination of the basic structures of state constitutions,
as well as the state legislative powers, executive powers, and the role of local authorities under
Malaysia's state constitutions.

This report will further explore the basic structure of state constitutions in Malaysia,
focusing on the key components that define state governance. It will examine the legislative
powers granted to state assemblies, the executive powers held by state leaders and their
councils, as well as the role and functions of local authorities operating under state jurisdiction.
Through this analysis, the report aims to provide a clear understanding of how state
governments function within the Malaysian federal system, and how they contribute to the
overall governance and legal framework of the country.

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2.0 Basic Structures of State Government

2.1 Local Government

As outlined in the state constitutions and aligned with the Federal Constitution, basic
structure of state government in Malaysia follows a parliamentary system like the federal level.
Malaysia is a federal constitutional monarchy and each of the 13 states has its own government
structured. Each of the states have head of states. Only that they are separated which is named
as monarch states and non-monarch states. The Monarch States are contained with nine states-
Johor, Selangor, Kedah, Kelantan, Johor, Perlis, Pahang, Negeri Sembilan and Terengganu. The
ruler of the states is called Sultan, only for Negeri Sembilan, it's Yang di-Pertuan Besar, while
Perlis has raja (king). While the Non-Monarch System: Penang, Malacca, Sabah and Sarawak,
are for four states which are headed by Yang di-Pertua Negeri (state ruler). These figures are
appointed by the Yang di-Pertuan Agong, the King of Malaysia. The ruler of states acts on the
advice of the state government. Everything must be abided by the rules imposed by the
government. The constitutions provide for federal parliamentary elections. However, for the
election of the state legislatures, it is to be held at every five years.

Every state in Malaysia has it subdivided into district. For example, in Sabah and
Sarawak only that these two are grouped into larger administrative units called divisions. Most
of the village have village leader, which is the smallest unit of government. The supreme law
of the country offers the judicial power of the federation need to be vested in two High Courts.
Which is Peninsular Malaysia (High Court in Malaysia) and East Malaysia (High Court in
Sarawak and Sabah). The appeals from High Court are heard first by the Courts of Appeal
because they may then be appealed to the highest court in Malaysia, the Federal Court (formerly
called the Supreme Court). Each High Court consists of a chief judge and a few other justices.
The High Court has authority over both criminal and civil matters and can impose any sentence
permitted by law. Beneath the High Court, there are three levels of subordinate courts: the
Sessions Court, the Magistrates’ Court, and the Court for Children. These lower courts also
handle criminal and civil cases criminal cases are assigned based on the severity of the offense,
while civil cases are handled based on the amount of money involved. Additionally, in the
Malay states, there are Islamic (Syariah) courts established under state laws, not federal laws,
to deal with matters governed by Islamic principles.

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 2.2 Political Process

Malaysia has a multiparty system. The country has held free elections and generally has
changed prime minister peacefully by going for democracy. In 2019, the citizens over the age
of 21 may vote for the country, however, nowadays citizens at the age of 18 can vote for the
party that they would like to win. Elections are held every five years or when the State
Assembly is dissolved. The political process at the state level is centred around the State
Legislative Assembly (Dewan Undangan Negeri), whose members are elected by citizens
through regular state elections. These elections are held every five years or sooner if the
assembly is dissolved. Voters choose representatives to make state laws and govern state affairs
such as land, religion, forestry, and local government—areas listed under the State List and
Concurrent List of the Federal Constitution.

Once the election results are in, the political party or coalition that wins many seats in
the State Legislative Assembly is invited to form the state government. The Ruler (Sultan or
Raja) in monarch states, or the Yang di-Pertua Negeri in non-monarch states, appoints the head
of government. It is either the Menteri Besar or Chief Minister from among the elected
assembly members. This leader then selects members of the State Executive Council (EXCO),
which functions as the state’s cabinet, to manage various state ministries and departments. The
EXCO is responsible for implementing policies and managing the daily operations of the state
government, in accordance with both state and federal laws.

Overall, the political process in the state constitutions reflects Malaysia’s federal and
democratic system. It ensures that each state can manage its own internal affairs while still
adhering to national principles and unity. Although political parties play a key role in elections,
the state constitutions focus more on the mechanics of governance—such as how laws are
made, how the executive is appointed, and how state institution's function. This structure helps
maintain a balance between state autonomy and federal oversight, providing flexibility for local
governance while preserving the integrity of the nation.

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3.0 State legislative power in Malaysia

3.1 Definition of State Legislative Power

Malaysia operates as a federated system of government. A federal system of

government is a form of political organization in which power is divided between a central
government and regional government. Thus, there were two legislative bodies in Malaysia
which are the Parliament and the respective State Legislative Assembly as in the Federal
Constitution. Under Article 73 conferred by the Federal Constitution, “(b) the Legislature of a
State may make laws for the whole or any part of that State.” Legislative authority is structured
at the state level which each 13 states has its own constitution that structure the government.
This power is exercised by the State Legislative Assembly (Dewan Undangan Negeri, DUN).

3.2 State Legislative Assembly

The State Legislative Assembly or known as Dewan Undangan Negeri, DUN is the
legislative branch of the state governments in each of the 13 Malaysian states. The number of
members in the State Legislative Assembly in each state depends on the number of electoral
constituencies, which are determined during the state elections, Election Commision. Members
are elected through general elections, usually held every five years. The assembly is headed by
a Speaker, who is elected by the members and is responsible for presiding over debates and
maintaining order during sessions.

The assemblies have power to enact state laws as provided by the Constitution of
Malaysia. However, the State Legislative Assembly must ensure that the law they make must
be consistent with the State Constitution. This is because the State Legislature is not supreme.
The majority party in the assembly forms the state government, and the leader of the majority
party are appointed as the Menteri Besar or Chief Minister. The rulers or the Governors are
granted the power to dissolve their respective State Legislative Assembly (DUN) on the advice
of Menteri Besar or Chief Minister. Once dissolved, elections must be carried out within an
interim period of 60 days. Usually, state elections are held simultaneously with the Federal
Parliamentary elections, with the exception of Sarawak, Sabah, Melaka and Penang.

Laws passed by the State Legislative Assembly deal with subjects listed under the State
List and Concurrent List in the Federal Constitution. These include matters such as land,
agriculture, local government, and Islamic law (for Muslims). The assembly may also pass

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enactments to manage state finances, including the approval of the annual budget and state
expenditures.

The state legislature plays a critical role in ensuring accountability and transparency
within the state administration. Members of the assembly can question state policies, propose
motions, and participate in committees that scrutinize legislation and public spending.

3.2.1 The Ninth Schedule and Legislative Jurisdiction

The State Legislative Assembly performs several critical functions that are essential to
effective state governance such as plays a significant role in financial role, responsible for
approving the annual state budget and acts as a forum for public accountability. However, its
primary function is lawmaking, the assembly debates, passes, and enacts state laws which
referred to as enactments on matters listed in the State List and Concurrent List of the Ninth
Schedule of the Federal Constitution.

The Ninth Schedule of the Federal Constitution of Malaysia outlines the distribution of
legislative powers between the Federal Government and the State Governments. It is a key
reference point in determining what laws a State Legislative Assembly can or cannot make.
This schedule is divided into three important lists.

List I or also known as Federal List subjects under exclusive federal jurisdiction, such
as defence, foreign policy, civil and criminal law, finance, trade, and education. State List or
List II discuss about matters where states have exclusive legislative power, including land
issues, Islamic law for Muslims, agriculture, forests, local government, and Malay customs. As
for the Concurrent List, discuss the matters that both federal and state governments can legislate
on, such as public health, social welfare, and town planning except in the federal capital, public
health, drainage and irrigation.

State legislative power is directly derived from the State List and Concurrent List. The
State Legislative Assembly cannot make laws on matters listed in the Federal List. In cases
where both the federal and state governments legislate on a subject in the Concurrent List, and
there is a conflict, Article 75 of the Constitution states that federal law will prevail. The Ninth
Schedule thus acts as a guide and boundary, ensuring a clear and organized separation of
powers in Malaysia’s legal system.

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3.3 Legislative Process in the State Assembly
The process of passing laws in a State Legislative Assembly follows a structured
procedure that ensures thorough discussion and scrutiny. The process begins with the
introduction of a bill, which may be proposed by a member of the government or an individual
in the State Legislative Assembly which in the case of a private member's bill. The bill goes
through three readings.

At the first reading, the Minister will introduce the Bill to the members, where the title
of the Bill will be read out loud. Then it the Bill will be circulated to all members in the house.
No debate or discussion takes place. The purpose is to inform members of the bill’s existence
and content. Copies of the bill are usually distributed to all members for review before the
second reading. This stage is largely procedural and serves to officially table the bill before the
assembly.

The second reading is the most important stage of the legislative process. During this
stage the general principles, purpose and policy of the Bill are debated. The Minister or the
State Legislative Assembly member who introduces the Bill gives a speech explaining its goals
and significance. Other members take turns to express their view, support, or concerns about
the Bill. The second reading allows members to evaluate whether the bill is necessary, whether
it is in the public interest, and how it might impact the state. At the end of the debate, a vote is
taken. If the majority of members support the bill, it moves to the next stage. If it is rejected,
the bill is dropped entirely.

In the committee stage, the bill is examined clause by clause to scrutinize its content in
detail. There are two ways this can happen. The whole assembly acts as a Committee of the
Whole House or a select committee made up of a few appointed members handles it. During
this stage, amendments can be proposed, debated and voted on. Technical details are refined.
Ambiguities or contradictions in the Bill can be corrected. Expert opinions and stakeholder
feedback may be considered. This is a crucial stage to ensure that the bill is legally sound,
practical, and enforceable.

The third reading is the final stage in the legislative debate. At this point. Members
review the final version of the bill, including any changes made during the committee stage.
Debate is usually brief and focused only on whether to approve the final draft and final vote is
taken. If the bill is approved, it has successfully passed all three readings in the State Legislative
Assembly.

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 After the bill passes the third reading, it is sent to the Head of State either the Sultan for
a Malay state or the Yang di-Pertua Negeri for non-Malay states for royal assent. This is a
formal requirement under the State Constitution. Once royal assent is granted, the bill becomes
state law which referred to as an Enactment. The law is published in the State Gazette, making
it official and enforceable. If royal assent is not given which is rare, the bill may be returned to
the assembly for reconsideration.

After publication, the enactment comes into effect on a date specified in the law itself.
Sometimes, the law becomes effective immediately upon publication. In other cases, the law
may state that it will come into effect on a future date or upon issuance of a notification by the
state government.

3.3.1 Example of Legislative Process in the State Assembly

Suppose the Selangor State Government wants to introduce a new Waste Management
and Recycling Enactment. The draft bill is prepared and introduced by the Environment EXCO.
It goes through the first reading which is title read and no debate takes place. At the second
reading, members discuss the importance of managing household waste and reducing pollution.
In the committee stage, members propose amendments to include electronic waste and set clear
penalties. The final bill is passed in the third reading. It receives royal assent from the Sultan
of Selangor. It is published in the Selangor Government Gazette and takes effect the following
month.

3.3.2 Importance of Legislative Process in the State Assembly

The legislative process in the State Legislative Assembly is vital because it ensures that
laws are made in a transparent, democratic, and accountable manner. Each stage from the
introduction of a bill to the granting of royal assent allows for deliberation, scrutiny, and
improvement of proposed laws. This process gives elected representatives the opportunity to
raise public concerns, debate policy implications, and propose amendments, ensuring that
legislation reflects the needs and interests of the people. It also provides important checks and
balances, preventing the arbitrary or rushed passing of laws, and making sure they comply with
the Federal Constitution and other legal standards. Furthermore, by encouraging participation
from both the ruling and opposition parties, the process promotes healthy democratic practices
and enhances government accountability. Overall, a well-structured legislative process is
essential for maintaining good governance, protecting citizens' rights, and ensuring that laws
are clear, enforceable, and aligned with the values of justice and public welfare.

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4.0 STATE EXECUTIVE POWER
4.1 Definition of State Executive Power

According to the State Constitution, state executive power is the authority given to the
state government to administer, carry out, and enforce laws and policies inside the state's
boundaries. Depending on the state, each in Malaysia has a Governor also known as Yang di-
Pertua Negeri or a Ruler (Sultan or Raja). The power is primarily exercised by the State
Executive, which includes the Ruler (Sultan or Raja) or Yang di-Pertua Negeri (Govenor), the
Menteri Besar or Chief Minister, and the State Executive Council (EXCO). The Menteri Besar,
or Chief Minister, and the EXCO, who are in responsibility for administering the state's
administrative affairs, have the ability actual executive authority, although the Ruler roles as
the ceremonial head.

4.2 Roles and Responsibilities of State Executive

The state executive power is responsible with executing and enforcing laws,
administering functions, and overseeing public services in alignment with the State
Constitution. The State Executive, which is made up of the State Executive Council (EXCO),
the Menteri Besar or Chief Minister, and the Ruler (Sultan or Raja) or Yang di-Pertua Negeri,
is responsible for implementing this authority.

4.2.1 Yang di-Pertua Negeri (Governor) or Ruler (Sultan or Raja)

The Governor or Ruler is a Constitutional ruler with limited power. The Ruler have the
rights to succeed and to hold and enjoy and exercise constitutional rights and privileges of the
Ruler of the State which guaranteed by clause (1) of Article 17 of the Federal Constitution. The
Ruler or Yang di-Pertua Negeri is bound to accept and act on the advice of the Menteri Besar
or Executive Council in the exercise of executive authority, except in matters where discretion
is permitted by the Constitution. Under the Federal and State constitutions, the YDPA and the
Rulers of the Malay States are the heads of Islam, the religion of the Federation and having
authority over Islamic institutions and practices in the state. However, the Ruler does not
interfere in daily administrative decisions, maintaining a role that upholds the principles of
constitutional monarchy.

The Ruler, also known as Yang di-Pertuan Negeri, has several discretionary rights under
the Malaysian constitutional monarchy system that are indicative of the state's distinct
traditions and customs. Among these is the selection of the Menteri Besar, particularly in

10
situations where the state legislative lacks a certain majority of one party. The Ruler also has
the right to withhold consent to a request to dissolve the legislative assembly, typically during
times of political instability. Additionally, the Ruler may initiate meetings with the Conference
of Rulers to discuss matters that involve royal privileges, honours, positions, or religious acts
and ceremonies, which are significant to the role of the monarchy in Malaysia's heritage and
governance.

Apart from political functions, the Ruler also carries out responsibilities and includes
the appointment of heirs, consorts, a Regent, or the Council of Regency if necessary. In order
to maintain cultural and royal traditions consistent with the history and identity of the state, the
Ruler also has responsibility for appointment of individuals to Malay customary ranks, titles,
and honors as well as overseeing royal courts and palaces.

4.2.2 Menteri Besar or Chief Minister

The Chief Minister is the head of government for a Malaysian state. While the Perdana
Menteri oversees the entire country, the Menteri Besar is responsible for the administration of
a specific state within Malaysia. Similar to the Perdana Menteri but on a smaller scale, the
Menteri Besar is responsible for forming a state-level cabinet, implementing state policies, and
managing state resources. They are appointed by the Sultan of the state or the Yang di-Pertua
Negeri (Governor) in states without a Sultan.

While both the Perdana Menteri and the Menteri Besar hold significant political power,
their scopes of influence differ. The Perdana Menteri operates at a national level, focusing on
issues that affect the entire country. In contrast, the Menteri Besar deals with state-specific
matters. The Menteri Besar’s authority is confined to their respective state. This distinction is
crucial for understanding the different challenges and responsibilities each role entails.

Other than that, the State Executive Council also headed by the Menteri Besar, who that
assists in overseeing the operation of the state. On significant issues including land, farming,
local governments, and islamic affairs, they assist in developing and implementing policies.
They also provide the Ruler or Yang di-Pertua Negeri with advice on critical matters, such as
the selection of members for the Executive Council (EXCO). The state legislative assembly
must trust and support the Menteri Besar for to remain in position.

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 4.2.3 State Executive Council (EXCO)

The Majlis Mesyuarat Kerajaan Division has in fact been given great
functionality in relation to government decisions and the formulation of laws and policies of
the State Government. Therefore, the function and efficiency of this section are often
evaluated on the extent to which the wisdom and effectiveness of policies are in place
for the benefit and needs of the people in state. The State Executive Council (EXCO) was
appointed by the Ruler or Governor by appoints Menteri Besar or Chief Minister who is likely
to command the confidence of most members in the assembly. In addition, by appoints (on the
advice of the Menteri Besar), from 4 to 10 persons from among the members of the Legislative
Assembly. Moreover, the EXCO will advise the Ruler in the exercise of his executive functions
and collectively responsible to the Legislative Assembly.

A member of the State Council must be appointed by the King, Sultan, or President of
the State. Prior to this, the King or Sultan or President of the State should appoint a Chief
Minister to preside at the State Executive Council among State Assemblymen (assemblymen).
The King or Sultan is responsible for choosing no more than 8 or fewer than 4 members of the
State Assembly at the President of State's General's advice. The EXCO's role is about the same
as the role of the cabinet at the federal level. In addition, to the state assemblymen who won
the election in the EXCO elections, there were three state civil service members who were also
EXCO members which is Secretary of State, Legal Advisor, and State Finance Officer.

Other than that, each EXCO member is assigned a specific portfolio, such as local
government, housing, public works, Islamic affairs, or education (under state religious
authorities). The main functions of the EXCO include formulating state policies, coordinating
development plans, and supervising state departments relevant to their portfolios. However, all
members of the State Executive Council, except the Chief Minister, hold position at the
pleasure of the Sultan or King or President of the State. Then, a Member of the State Executive
Council shall not participate in any profession in connection with certain departments.

4.3 Provisions of State Executive Power

The State Executive is formed under the State Constitution and includes the Ruler
(Sultan or Yang di-Pertua Negeri), the Chief Minister (Menteri Besar or Ketua Menteri), and
the State Executive Council (EXCO). A system of shared executive authority between elected
representatives and the ceremonial head of state is reflected in this composition. By including

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these important individuals, the executive branch can be ensured to operate in accordance with
democratic principles and constitutional monarchy practices.

The Ruler appoints the Chief Minister from among the State Legislative Assembly
members, specifically choosing someone who is likely to have the confidence of the majority.
This ensures the democratic legitimacy of the state government's head. The EXCO members
are chosen in the meanwhile to assist the Chief Minister handle several state affairs. Depending
on the administrative demands of the state, they are allocated to several portfolios, including
infrastructure, finance, education, and health.

In executing their duties, the State Executive operates under the principle of collective
responsibility. This implies that the Chief Minister and the rest of the EXCO are responsible to
the State Legislative Assembly and must work as a team. The entire executive council might
have to step down if the government loses the confidence of the majority in the assembly.
Transparency, accountability, and unified governance within the state administration are
guaranteed by this provision.

4.4 Limitations of State Executive Power

The Federal Constitution places limitations on the State Executive's power to govern.
State governments are not allowed to enact legislation or move via actions that are in
contradiction to federal law. The Federal Constitution's supremacy prevents legal conflicts
between federal and state authorities and ensures consistency in governance throughout
Malaysia. This limitation protects the country's federal system.

In addition, another important limitation is that the State Executive can only enact laws
belonging to the State List and Concurrent List, as specified in the Federal Constitution's Ninth
Schedule. These cover areas like local government, forestry, land, and Islamic concerns (for
Muslims). The federal government is in charge of things not on these lists, such as national
education policy, foreign policy, and defence. Moreover, in order to prevent duplication of
responsibilities and maintain clarity in governance, this division of authorities is crucial.

Finally, as a check on the State Executive, the Ruler has certain discretionary power.
These include the power to appoint or dismiss the Chief Minister, dissolve the State Legislative
Assembly, and withhold assent to state laws in specific circumstances. Furthermore, if a State
Executive action is determined to be illegal or unconstitutional, it may be challenged in court

13
through judicial review. These legal mechanisms guarantee that the State Executive upholds
the rule of law and acts within its boundaries.

4.5 Conclusion of State Executive Power

In summary, Malaysia's State Executive Power represents a well-organised framework

that ensures state-level governance operates according to a democratic and constitutional
framework. The State Executive Council (EXCO), the Menteri Besar or Chief Minister, and
the Ruler (Sultan or Yang di-Pertua Negeri) all hold specific responsibilities for maintaining
administrative effectiveness and fulfil legal and traditional responsibilities. The EXCO
members, who are in responsibility of important state portfolios, assist the Menteri Besar in
leading the government in policy formulation and state management, while the Ruler serves as
a ceremonial head with certain discretionary powers. By guaranteeing representation,
accountability, and service to the people, this structure achieves a balance between heritage and
modern governance.

Nevertheless, the State Executive's authority is not absolute and is limited by the
Federal Constitution to maintain national unity and legal consistency. Clearly jurisdictions have
been established, and conflict is avoided by the separation of powers, especially between the
federal and state governments. On top of that, mechanisms like judicial review and the Ruler's
discretionary powers operate as checks and balances to safeguard state governance's legality
and accountability. Overall, Malaysia's framework for state executive power emphasizes a high
value on constitutional monarchy, democratic accountability, and efficient decentralization, all
of which help to align state administration with the interests of the country and the rule of law.

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5.0 LOCAL AUTHORITIES

5.1 Introduction of local authorities

Local authorities is an extremely important role in the administration of local authority

areas. A local authority is a unit within the system of local government and is set up to manage
local issues. The local authority administration is a politico-administrative system, constituted
by law and having devolved powers. The United Nations defines it as a part of a country or
state that is legally formed and has significant control over local matters including the power
to collect taxes.

The hierarchy of administration of the local authority is the creation of Federal

Constitution Malaysia 1957. The Federal Constitution delineates the mandates, responsibilities
and jurisdictions of the Federal and State Governments. This is the essence of federalism that
has been described as “the establishment of a single political system within which general and
regional governments are assigned to coordinate authority such that neither level of
government is legally nor politically subordinate to the other” (Watts, 1966).

The local authorities in Malaysia have been vested with discretionary powers by Local
Government Act 1976 (Act 171). According to Mohamed Afandi, the provision of the related
local government laws empowers the local authorities to carry out a whole range of functions,
limited only by their own ambitions and resources. Other than that, it mentions that local
authority should include the president and a minimum of 8 and a maximum of 24 additional
council members and from this section, it highlights the duties and obligations of members of
the local authority council (Laws of Malaysia, 2012). Act 1976 guarantees that local authorities
have the ability to handle infrastructure, public services and also community welfare efficiently.

5.2 The development of local government system in Malaysia

The development of local government in Malaysia was associated with the expansion
of British in this region. It began initially in Peninsular Malaysia and spread to Sabah and
Sarawak. Its development can be categorised into two distinct periods which are before and
after restructuring of local authorities.

Before restructuring, there were 5 types of local authorities in Malaysia, namely,

Municipal Council including the City Hall of Kuala Lumpur, Town Boards, Town Council,
District Councils and Local Councils. The system of local government was also introduced into

15
the country initially the form of Sanitary Boards to manage the urban areas. Gradually, they
were upgraded and enlarged to become Municipal Councils, Town Boards, Town Councils,
District Councils and Local Councils. Functionally, the local authorities were engaged mainly
in house-keeping activities such as street lighting and refuse collection.

In 1976, a new act called Local Government Act 1976 (Act 171) was introduced to
initiate a comprehensive restructuring a local government system in Malaysia. The Act 171
advocated the setting up of only two types of local authorities which are Municipal Council
and District Council. The restructuring process was made more significant with the
introduction of additional laws, especially the Town and Country Planning Act of 1976 (Act
172) and the Street, Drainage, and Building Act of 1974 (Act 133). The Town and Country
Planning Act of 1976 spelled out the planning powers of the local authorities, in particular they
have to undertake the formulation of the structure and local plans for their area. The Street,
Drainage and Building Act provides guidelines for development control in the local authority.

5.3 Categories of local authorities in Malaysia

The Local Government Act 1976 established three main types of local councils which
are city councils, municipal councils and district councils. However, a city status can be
coffered to a municipal council by the Yang di-Pertuan Agong with the consent of the
Conference Rulers once it reached the necessary criteria. In Malaysia, there are 151 units of
local authorities in total, made up of 92 district councils, 40 municipal councils and 19 city
councils. Furthermore, the Federal Territories of Labuan and Putrajaya are run by corporations
under the Prime Minister’s Department.

5.3.1 District council

In Malaysia, district councils are local government bodies that are responsible for
managing local areas within a district. They are part of the system of local government and are
tasked with maintaining public services, infrastructure, and ensuring the overall well-being of
the community within their jurisdiction. One criteria of district council are an outside major
centre which have a population of less than 150,000 living in dispersed settlements and the
total annual revenue of less than RM 20 million. Each district council is headed by a chairman
or president and the members of the council are typically appointed by the state government.

16
 5.3.2 Municipal council

Municipal councils in Malaysia are typically established in cities and large towns, often
referred to as urban-based areas. One of the criteria for setting up a municipal council is having
an annual revenue of at least RM 20 million and a population of over 150,000. These councils
must also serve as administrative centers with a demand for urban services rather than just
infrastructure development. Additionally, municipal councils are expected to promote business
opportunities by encouraging growth and investment activities.

5.3.3 City council

City Council is a local authority which has been upgraded from municipal council status
after having successfully achieved certain criteria which include the total population exceeding
500,000 people and the annual revenue exceeding RM100 million. City councillors are
appointed by their respective state governments except in the case of the City Halls. City Halls
consist of the City of Kuala Lumpur, North Kuching and Sabah. They have no councillors but
have commissioners or advisers headed by the Mayor and make their own laws.

5.3.3.1 The case of City Hall, Kuala Lumpur

Kuala Lumpur City Hall or Dewan Bandaraya Kuala Lumpur (DBKL) is a local
authority which administrates Kuala Lumpur city centre and other areas in the Federal Territory
of Kuala Lumpur. This agency is under Federal Territories Ministry of Malaysia and is
responsible for public health and sanitation, waste removal and management, town planning,
environmental protection and building control as well as social and economic development.

Kuala Lumpur City Hall has an annual budget of nearly RM 2 billion which is much
bigger than other state governments. It issues licences and regulates business activities such as
food outlets and workshops. It is also the local planning and development control authority of
the most expensive real state in the country. It is responsible in providing and maintaining
roads, drains and community facilities such as parks and public open spaces.

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5.4 Functions of local authorities

Local government bodies are essential to the management of local issues in certain
areas. Based on Jose Cruz (2023), they have multiple roles and responsibilities in terms of
environmental, social, public and developmental.

1. Environmental: This relates to the maintenance and improvement of the environment

within the area of jurisdiction. This includes the obligatory services such as cleaning,
collecting rubbish that falls within their purview and also proper drainage. Other than
that, by putting laws and rules pertaining to land usage, green areas, and natural
resources into effect also help to preserve the environment.

2. Social: Local authorities play an important role in providing social services to their
communities. In larger municipalities, this can include running childcare centres, health
clinics, ambulance services and even hearse services for funerals. Beside these, they are
responsible for maintaining public spaces such as fountains and ensuring that streets
and other public areas are well-lit and safe.

3. Public: Maintenance of public health and sanitation is also the responsibility of local
authorities. This covers garbage and rubbish removal, environmental protection, and
the creation and upkeep of public spaces and facilities.

4. Developmental: Land use restrictions, town planning, and building control are the
purview of local authorities. In addition to evaluating development applications, they
also provide construction licences and uphold zoning laws. In addition, local
governments also support the social and economic advancement of their communities.
This includes assisting with infrastructural projects, economic endeavours and
community programs.

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6.0 Conclusion

In conclusions, the state constitution is essential for governing each of Malaysia's 13

states within the federal system in shaping governance and administration. Even though each
state has their own rules to govern, it must operate within the Federal Constitution. This federal
framework ensures that while states have the autonomy to govern specific matters such as land,
religion and local government. Ultimately, they maintain the national unity and legal
consistency.

The Structure of government that includes the State legislative Assembly, State
Executive Council, and local authorities, allows for effective governance at the state level.
These institutions work together to implement policies and laws that meet the specific needs
and requirement of each state. Undertans the roles and functions outlined in the state
constitution helps us appreciate how Malaysia balances central authority with state-level
autonomy in a diverse, multi-ethnic society.

Ultimately, the state constitution is not only a legal document but also a reflection of the
state's identity, values, and governance priorities. Its alignment with the Federal Constitution
ensures a stable and cooperative federal system that supports both national development and
local interests.

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Abdul Manab. (2019). Malaysian legal system: Questions and answers. Sweet &
Maxwell.
2. Federal Constitution of Malaysia. (2020). Laws of Malaysia: Federal Constitution (As
at 1st November 2020). Percetakan Nasional Malaysia Berhad.
3. Ahmad, I. H., & Yusoff, M. A. (2017). The role of state assemblies in Malaysia’s
federalism. Jebat: Malaysian Journal of History, Politics & Strategic Studies, 44(2),
72–88.
4. Malaysian Parliament. (n.d.). Legislative Process. Retrieved from
https://www.parlimen.gov.my
5. Constitution of Malaysia 1957 - Part VI. (n.d.).
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6. Undang-undang Tubuh Negeri Selangor 1959 | Dewan Negeri Selangor. (2024, May

21). Dewan Negeri Selangor. https://dewan.selangor.gov.my/undang-undang-tubuh-

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7. Legislation, M. F. (n.d.). Malaysia Federal Legislation.

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ADS FUNCTION OF STATE - StudoCu. (n.d.). Studocu.

https://www.studocu.com/my/document/universiti-teknologi-mara/public-

administrative/function-of-state-exco/20132347

9. Role of Local Authorities - The Malaysian Bar. (n.d.).

https://www.malaysianbar.org.my/article/about-us/previous-committees/malaysian-

law-conference-2007/role-of-local-authorities

10. Jmm, V. a. P. B. M. V. (2022, April 26). Y is for Yang Di-Pertuan Agong (YDPA).

Museum Volunteers, JMM. https://museumvolunteersjmm.com/2022/03/07/y-is-for-

yang-di-pertuan-agong-ydpa/

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11. Constitution of Malaysia 1957. (n.d.). CommonLII.

https://www.commonlii.org/my/legis/const/1957/23

12. TalkPal, Inc. (2024, June 9). Perdana Menteri vs. Menteri Besar - Prime Minister vs.

Chief Minister in Malay - Talkpal. Talkpal. https://talkpal.ai/vocabulary/perdana-

menteri-vs-menteri-besar-prime-minister-vs-chief-minister-in-malay/

13. Countries. (2014, March 11). Commonwealth Governance.

https://www.commonwealthgovernance.org/countries/asia/malaysia/local-

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14. Utama. (n.d.). DBKL Portal. https://www.dbkl.gov.my/

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