Federal, State and Concurrent Legislative Lists
Parliament has the exclusive power to make laws over matters falling under the Federal List (such as citizenship, defence, internal security, civil and criminal law, finance, trade, commerce and industry, education, labour, and tourism) whereas each State, through its Legislative Assembly, has legislative power over matters under the State List (such as land, local government, Syariah law and Syariah courts, State holidays and State public works). Parliament and State legislatures share the power to make laws over matters under the Concurrent List (such as water supplies and housing) but Article 75 provides that in the event of conflict, Federal law will prevail over State law.
These lists are set out in Schedule 9 of the Constitution, where:
- the Federal List is set out in List I,
- the State List in List II, and
- the Concurrent List in List III.
There are supplements to the State List (List IIA) and the Concurrent List (List IIIA) that apply only to Sabah and Sarawak. These give the two states legislative powers over matters such as native law and customs, ports and harbours (other than those declared to be federal), hydro electricity and personal law relating to marriage, divorce, family law, gifts and intestacy.
Residual Power of States: The States have the residual power to make laws on any matter not listed in any of the three lists (Article 77).
Power of Parliament to make laws for States: Parliament is allowed to make laws on matters falling under the State List in certain limited cases, such as for the purposes of implementing an international treaty entered into by Malaysia or for the creation of uniform State laws. However, before any such law can be effective in a State, it must be ratified by law by its State Legislature. The only except is where the law passed by Parliament relates to land law (such as the registration of land titles and compulsory acquisition of land) and local government (Article 76).
Read more about this topic: Constitution Of Malaysia, Federal and State Relationship, Articles 73, 79 Legislative Powers
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