States and federal territories of Malaysia
is a federation of thirteen states and three federal territories, which form the primary administrative divisions of the country. Eleven states and two federal territories are located in Peninsular Malaysia, while two states and one federal territory are located in East Malaysia. Nine of the Malay states in Peninsular Malaysia have monarchies, with the other four having appointed governors. State governments are led by chief ministers, who are appointed by the monarch or governor, provided they have the support of a majority in the state legislative assembly. The federal territories are directly governed by the federal government.
Malaysia was formed through the union of various territories ruled by the United Kingdom in British Malaya and British Borneo. The federal system was created to preserve the status of the Malay rulers, who governed the British protectorates in the Malay Peninsula. The Federation of Malaya was created in 1948, uniting these protectorates with two directly ruled British colonies. Malaya became independent in 1957. In 1963, Sabah and Sarawak, along with Singapore, joined with Malaya to form Malaysia, although Singapore was expelled in 1965. The three federal territories—Kuala Lumpur, Labuan and Putrajaya—were created later from land separated from existing states.
Under the federal constitution, the federal government wields unusually expansive powers for a federal system, including control over economic development and internal security. Decades of uninterrupted rule by the Barisan Nasional coalition led to a further centralisation of power. State law must align with federal law, and the federal government has various ways to exert formal and informal control over state governments. With limited means to generate revenue, states remain heavily dependent on federal funding. Federal institutions with overlapping mandates allow the national government to influence areas constitutionally reserved for the states, and the national government controls the civil services of most state governments.
Sabah and Sarawak differ significantly from the other states, being geographically separate and having distinct demographics, economies, and politics. Both have more extensive autonomy than the other states, which was negotiated as part of the federation process and set out in the Malaysia Agreement. Both states thus maintain control over a number of competencies that in Peninsular Malaysia are assumed by the federal government. They also have greater fiscal powers, independent legal and judicial systems, and their own immigration regimes.
States and federal territories
Eleven states and two federal territories are located on the Malay Peninsula, collectively called Peninsular Malaysia or West Malaysia. Two states and one federal territory lie on the island of Borneo; they are collectively referred to as East Malaysia or Malaysian Borneo.States
Federal territories
| Flag | Emblem | Federal territory | Pop. | Area | License plate | Area code | ISO | HDI | Head of government |
| Image:Flag of Kuala Lumpur Malaysia.svg|border|centre|50px|link=Flag of Kuala Lumpur|alt=Flag of Kuala Lumpur | Image:Seal of Kuala Lumpur.svg|centre|50px|link=Seal of Kuala Lumpur|alt=Seal of Kuala Lumpur | Kuala Lumpur | 2,067,500 | 243 | W / V | 03 | MY-14 | 0.863 | Mayor |
| Image:Flag of Labuan.svg|border|centre|50px|link=Flag of Labuan|alt=Flag of Labuan | Image:Seal of Labuan.svg|centre|50px|link=Seal of Labuan|alt=Seal of Labuan | Labuan | 100,800 | 91 | L | 087 | MY-15 | 0.782 | Chief Executive Officer of Labuan Corporation |
| Image:Flag of Putrajaya.svg|border|centre|50px|link=Flag of Putrajaya|alt=Flag of Putrajaya | Image:Coat of arms of Putrajaya.svg|centre|50px|link=Seal of Putrajaya|alt=Seal of Putrajaya | Putrajaya | 120,300 | 49 | F | 038 | MY-16 | N/A | President of Putrajaya Corporation |
Federal–state relations
While the population of Malaysia is ethnically and religiously diverse, such diversity is spread throughout the country and not inherently reflected by the borders of the states. Instead, the establishment of a federal system preserved the identity of the pre-existing Malay sultanates and provided a constitutional role for their Sultans. In practice, the central government exercises the vast majority of power. This is not only due to the Constitution of Malaysia providing significant powers to the Government of Malaysia, but also to its power in practice exceeding constitutional expectations. The power of the national government compared to the states, especially during the uninterrupted decades of rule by the UMNO-dominated Barisan Nasional coalition, has seen the political system sometimes described as unitary with "federal features", "quasi-federal", or "minimalist" federalism. One former state chief minister of Malacca, Mohd Adib Mohamad Adam, opined that states in Malaysia have less power than the local governments of other federations. Prominent differences between the states are mostly limited to the governance of Islam, and in the functioning of their particular monarchy. In states without Sultans, the King fills the usual role of a Sultan regarding Islam.While states have no power over the federal constitution, the central government can amend state constitutions. Where laws conflict, federal law takes precedence, although the constitution does contain provisions for judicial review upon a conflict arising between state and federal government, or between states. The Federal Court of Malaysia adjudicates such conflicts. Both the Prime Minister and the Conference of Rulers advise the King on the appointment of judges.
The approval of the Conference of Rulers is needed for any changes affecting royalty, state borders, freedom of expression, citizenship, privileges given to federal and state parliaments, and federal guarantees regarding state constitutions. Aside from that, their role, and that of the King, is mostly symbolic and ceremonial. It is through their role in the states, and their representation in the Conference of Rulers, that the Sultans are able to wield informal influence.
The federal parliament can make state law to promote consistency between states, and amend state constitutions to align with the federal one. State rights can be suspended by the central government through the use of an Emergency Ordinance. The state of emergency gives the federal parliament sweeping powers under which even most federal constitutional constraints do not apply. The only limits are that changes cannot be made to the "sensitive issues". In some past federal-state disputes, such as in the 1966 Sarawak constitutional crisis and the 1977 Kelantan Emergency, the national government has seized control of state administration. The Internal Security Act 1960 and its replacement, the Security Offences Act 2012, provide broad power to the national government to make detentions in the name of security, which has been used to target political opponents.
While the formal powers of states have remained mostly the same since independence, and while states retain similar administrative bodies, their power and capacity has been informally curtailed through various direct efforts of the national government, as well as being practically constrained by fiscal limitations. During the period of BN dominance, state branches of UMNO were often controlled by the central government, effectively meaning states could be controlled through party management. Many of the central government's powers are directly under the control of the Prime Minister's Department, which controls the Election Commission of Malaysia, the state-owned oil company Petronas, and the Federal Land Development Authority, among other departments. In multiple administrations, the Prime Minister has also held the position as Minister of Finance, further strengthening their fiscal control.
The legislature of each state selects two individuals to represent the state in the national Senate. The federal territories are altogether represented by four senators, who are appointed by the King on the advice of the federal government, along with the other 40 senators. State electoral boundaries do not cross national parliamentary boundaries used for the lower house, creating a direct geographical hierarchy between state and national parliament. Historically, most state elections have occurred alongside national elections, strengthening the electoral influence of the national government campaign. Beginning in 2020, many state electoral calendars began to diverge from the national one, meaning state issues were more widely discussed and state political leaders have gained larger public profiles. The diminishment of state power reflected similar losses of power elsewhere, such as in the national legislature, the judiciary, the media, and civil society, as the power of the executive government grew.
Division of powers
The Ninth Schedule of the Constitution of Malaysia divides powers into three lists: exclusively federal competencies, exclusively state competencies, and a concurrent list where both have input. The federal list includes trade, industry and development, foreign affairs, law, internal security and policing, and education. The state list includes Islamic law, native administration, local government, and land and natural resource use. The concurrent list includes welfare, water and irrigation, planning, culture, sports, and health. Per the constitution, laws affecting the concurrent list do not take effect for four weeks, theoretically to allow time for federal-state consultation on their implementation.Administration of the law and courts is a federal matter. However, an exception is made for Islamic law, for which a separate Syariah Court system exists in each state. Since 1988, Syariah rulings cannot be appealed in the federal courts, and as there are no courts higher than the state courts, Malaysia has 14 distinct Syariah law systems. In Peninsular Malaysia, Syariah courts also rule on Malay customary law, a pragmatic merger of these systems resulting from the constitutional association of Malay ethnicity and the Islamic religion. In Sabah and Sarawak, there are separate customary court systems for Malay customary law and for the customary law of other bumiputera. The central government does apply pressure on states to adopt similar Syariah laws, often through the Department of Islamic Development Malaysia, however differences remain in areas such as polygamy and female-initiated divorce. Kelantan has passed strong hudud laws mandating punishments under Islamic law. However, as Syariah courts may only enforce civil law and punishments are considered criminal law, such rulings are unenforceable.
Theoretically, any matter not set out in the Ninth Schedule can be legislated on by the individual states. However, legal scholars generally view this as a "pauper's bequest" because of the large scope of the matters listed in the Ninth Schedule. The courts themselves have generally favoured a broad interpretation of the language of the Ninth Schedule, thus limiting the number of possible subjects not covered. The Parliament of Malaysia is permitted to legislate on issues of land, Islamic religion, and local government to provide for a uniform law between different states, or on the request of the state assembly concerned. The law in question must also be passed by the state assembly as well, except in the case of certain land law-related subjects. Issues that fall under the purview of the state may also be legislated on at the federal level for the purpose of conforming with international treaty obligations. While states must be consulted before laws are introduced for this purpose, they have no right to veto, and resulting law becomes both federal and state law. However, the "sensitive issues" of Islamic law, Malay customs, and native laws and customs in Sabah and Sarawak cannot be modified for international treaty purposes.