How powers are divided
The division of power between the federal government and the state governments is set out in the Ninth Schedule of the Federal Constitution. It contains three lists that make clear who may make laws on which subjects. This prevents overlap and keeps the federation orderly.
The three lists
The Federal List covers matters that must be handled uniformly for the whole country. The State List covers local matters best managed by each state. The Concurrent List covers matters on which both levels may act.
| Federal List | Defence, external affairs, internal security, citizenship, finance and currency, trade and industry, education, health, transport, communications |
| State List | Islamic religion and Malay custom, land, agriculture and forestry, local government, Malay reservations, state works and water |
| Concurrent List | Social welfare, scholarships, town and country planning, public health, drainage and irrigation, protection of wildlife |
Key idea / 要点
Federal List = national matters; State List = local matters; Concurrent List = shared matters. If a federal and a state law conflict on a Concurrent matter, the federal law prevails.
Special position of Sabah and Sarawak
Because they joined at the formation of Malaysia in 1963, Sabah and Sarawak keep extra powers not held by the Peninsular states, such as control over immigration, native land and customs, and their own public services. These safeguards protect the identity and interests of the Borneo states.
Remember / 记住
- Three lists are in the Ninth Schedule of the Federal Constitution.
- Federal handles defence, foreign affairs, citizenship and finance; states handle land, Islam and Malay custom.
- On Concurrent matters, federal law prevails over conflicting state law.
- Sabah and Sarawak have extra powers, e.g. over immigration.