Reid Commission
Encyclopedia
The Reid Commission was an independent commission responsible for drafting the Constitution of the Federation of Malaya
prior to Malayan
independence from Britain
on 31 August 1957.
from 18 January to 6 February 1956 attended by a delegation from the Federation of Malaya
, consisting of four representatives of the Malay Rulers
, the Chief Minister of the Federation (Tunku Abdul Rahman
) and three other ministers, and also by the British High Commissioner in Malaya and his advisers.
The conference proposed the appointment of an independent commission to devise a constitution for a fully self-governing and independent Federation of Malaya
. This proposal was accepted by Her Majesty Queen Elizabeth II and the Malay Rulers.
Accordingly, a commission headed by Lord William Reid, a distinguished Lord of Appeal in ordinary, and consisting of constitutional experts from fellow Commonwealth
countries was appointed by the Queen and the Malay Rulers. The commission was appropriately called the Reid Commission.
government, the British High Commissioner, the Chief Secretary, and the Attorney General.
On the basis of their recommendations, the new Federal Constitution was passed by the Federal Legislative Council
on August 15, 1957, and the Constitution took effect on August 27.
However, formal independence was only achieved on August 31, and thus the Federation of Malaya became an independent sovereign country.
The constitutional machinery devised to bring the new constitution into force consisted of:
Large-scale amendments to the Constitution were made when Singapore
, Sabah
and Sarawak
joined the Federation to form Malaysia in 1963. It became what is now known as the Constitution of Malaysia
.
and a constitutional monarchy, the proposed Malayan constitution by the Reid Commission also contained provisions protecting special position for the Malays
, such as quota
s in admission to higher education and the civil service, and making Islam
the official religion of the federation. It also made Malay
the official language of the nation, although the right to vernacular education in Chinese and Tamil
would be protected.
Although Tunku Abdul Rahman
and the Malay rulers had asked the Reid Commission to ensure that "in an independent Malaya
all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed," the Malay's special position, which many in the ruling United Malays National Organisation
backed, were cited as necessary by the Reid Commission as a form of ffirmative action]. These controversial measures were included as Articles 3, 152 and 153
of the Constitution
.
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
prior to Malayan
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
independence from Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
on 31 August 1957.
History
A constitutional conference was held in LondonLondon
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
from 18 January to 6 February 1956 attended by a delegation from the Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
, consisting of four representatives of the Malay Rulers
Conference of Rulers
The Conference of Rulers in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states...
, the Chief Minister of the Federation (Tunku Abdul Rahman
Tunku Abdul Rahman
Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah, AC, CH was Chief Minister of the Federation of Malaya from 1955, and the country's first Prime Minister from independence in 1957. He remained as the Prime Minister after Sabah, Sarawak, and Singapore joined the...
) and three other ministers, and also by the British High Commissioner in Malaya and his advisers.
The conference proposed the appointment of an independent commission to devise a constitution for a fully self-governing and independent Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
. This proposal was accepted by Her Majesty Queen Elizabeth II and the Malay Rulers.
Accordingly, a commission headed by Lord William Reid, a distinguished Lord of Appeal in ordinary, and consisting of constitutional experts from fellow Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries was appointed by the Queen and the Malay Rulers. The commission was appropriately called the Reid Commission.
Working Process
The Reid Commission met 118 times between June and October 1956, and received 131 memoranda from various individuals and organisations. The commission submitted its working draft on 21 February 1957, which was scrutinised by a Working Committee. The Working Committee consisted of four representatives from the Malay rulers, another four from the AllianceBarisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
government, the British High Commissioner, the Chief Secretary, and the Attorney General.
On the basis of their recommendations, the new Federal Constitution was passed by the Federal Legislative Council
Federal Legislative Council
The Federal Legislative Council was the legislative body of the Federation of Malaya and the predecessor of the Malaysian Parliament. It was formed in 1948 after the abolition of the Malayan Union and the formation of the Federation, as part of the United Kingdom's promise to grant self-rule to...
on August 15, 1957, and the Constitution took effect on August 27.
However, formal independence was only achieved on August 31, and thus the Federation of Malaya became an independent sovereign country.
The constitutional machinery devised to bring the new constitution into force consisted of:
- In the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the Federation of Malaya Independence Act 1957, together with the Orders in Council made under it. - The Federation of Malaya Agreement 1957 between the government of the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the government of the Federation of MalayaFederation of MalayaThe Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
. - In the Federation, the Federal Constitution Ordinance 1957 by the Parliament
- In each of the Malay states, state enactments approving and giving force of law to the federal constitution.
Large-scale amendments to the Constitution were made when Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
joined the Federation to form Malaysia in 1963. It became what is now known as the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
.
Concepts
Although enshrining concepts such as federalismFederalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
and a constitutional monarchy, the proposed Malayan constitution by the Reid Commission also contained provisions protecting special position for the Malays
Malaysian Malay
In Malaysia, the Malay population is defined by Article 160 of the Malaysian Constitution as someone born to a Malaysian citizen who professes to be a Muslim, habitually speaks the Malay language, adheres to Malay customs and is domiciled in Malaysia or Singapore...
, such as quota
Quota
-Commerce:* Import quota, a type of trade restriction* Production quota* Sales quota, a minimum sales goal for a set time span* Tariff-rate quota, a type of trade restriction-Electoral systems:* Droop quota* Election threshold* Hagenbach-Bischoff quota...
s in admission to higher education and the civil service, and making Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
the official religion of the federation. It also made Malay
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...
the official language of the nation, although the right to vernacular education in Chinese and Tamil
Tamil language
Tamil is a Dravidian language spoken predominantly by Tamil people of the Indian subcontinent. It has official status in the Indian state of Tamil Nadu and in the Indian union territory of Pondicherry. Tamil is also an official language of Sri Lanka and Singapore...
would be protected.
Although Tunku Abdul Rahman
Tunku Abdul Rahman
Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah, AC, CH was Chief Minister of the Federation of Malaya from 1955, and the country's first Prime Minister from independence in 1957. He remained as the Prime Minister after Sabah, Sarawak, and Singapore joined the...
and the Malay rulers had asked the Reid Commission to ensure that "in an independent Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed," the Malay's special position, which many in the ruling United Malays National Organisation
United Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
backed, were cited as necessary by the Reid Commission as a form of ffirmative action]. These controversial measures were included as Articles 3, 152 and 153
Article 153 of the Constitution of Malaysia
Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for “safeguard[ing] the special position of the ‘Malays’ and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities” and goes on to specify ways to do this, such...
of the Constitution
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
.
Members of Reid Commission
- Lord William Reid - Chairman
- Sir Ivor Jennings - BritainUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
- Sir William McKellWilliam McKellSir William John McKell GCMG , Australian politician, was Premier of New South Wales from 1941 to 1947, and was the 12th Governor-General of Australia. He was also the oldest Governor General of Australia, at 93 when he died....
- Australia - Hakim B. Malik - IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
- Hakim Abdul Hamid - PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...