Item 3: Terms of Reference

Item 3 Terms of Reference

* To make recommendations for a constitutional arrangements throughout the Federation of Malaya, taking into account the positions and dignities of Her Majesty the Queen and of Their Highnesses the Rulers; and

* To make recommendations for a federal form of constitution for the whole country as a single, self-governing and within the Commonwealth based on Parliamentary democracy with a bicameral legislature, which would include provision for:

(i) the establishment of a strong central government with the States and Settlements enjoying a measure of autonomy (the question of the residual legislative power to be examined by, and to be the subject of recommendations by the Commission and with the machinery for consultation between the central Government and the States and Settlements on certain financial matters to be specified in the constitution;

(ii) the safeguarding of the position and prestige of their Highnesses as constitutional Rulers of their respective States;

(iii) a constitutional Yang di-Pertuan Besar (Head of State) for the Federation to be chosen from among Their Highnesses the Rulers;

(iv) a common nationality for the whole of the Federation;

(v) the safeguarding of the special position of the Malays and the legitimate interests of other communities.

The composition of the Constitutional Commission and terms of reference were agreed to at the Federation of Malaya Constitutional Conference which met in London in January and February 1956.

Item 2 References



MAIN REFERENCES

Documents at the National Archive, Kew, England, previously known as Public Record Office.
Report of the Federation of Malaya Constitutional Commission 1957.

Detailed list will be provided provided later.


BOOKS

1. Fernando, Joseph M. 2002.The Makings of the Malayan Constitution. MBRAS Monograph No 31.
2. Ratnam, K.J. 1965.Communialism and the political process in Malaya. Kuala Lumpur. University of Malaya Press
3. von Vorys, Karl. 1975. Democracy without Consensus.Princeton New Jersey. Princeton University Press.
4. Aliran. 1987. Reflection on the Malaysian Constitution. Penang. Aliran kesedaran Negara.

Item 1: Lord Reid Commission

Item 1 Lord Reid Commission

Members of the Federation of Malaya Constitutional Commission

1.  The Rt Hon Lord Reid, LLD, FRSE, a Lord of Appeal in Ordinary (nominated by the United Kingdom) (Chairman).
2.   Sir Ivor Jennings, KBE, QC, Litt D, LLD, Master (nominated by the United Kingdom).
3.   The Rt Hon Sir William McKell, GCMG, QC, a former Governor-General of Australia ( nominated by the Australian Government).
4.  Mr. Justice B Malik, a former Chief Justice of the Allahabad High Court (nominated by the Government of India)
5. Mr. Justice Abdul Hamid of the West Pakistan High Court (nominated by the Government of Pakistan).

A member was nominated by the Canadian Government but he had to withdraw at the last moment on medical grounds.

At the initial stage of the nomination, the candidate made enquiries with regard to his young children and wife, who he intended to bring to Malaya. It appeared that this issue was not resolved and he was not able to take up the appointment (Public Record Office documents).

It should be pointed out that the members were all non-Malayan, i.e. from the Commonwealth countries. The formation of the Constitution of the Federation of Malaya  was decided at the Constitional Conference in London attended by the leaders of the Alliance, representatives of the Malay Rulers, and the British Government.