On the 16 September 1963, the Federation of Malaysia was born. This came a result of the Malaysia Agreement, for Malaya (Tanah Melayu), Sabah, Sarawak and Singapore to be joined as the Federation of Malaysia.
This may come as a surprise to you, but in the days leading up to Malaysia Day, a legal challenge was launched that threatened to put a halt to the formation of Malaysia.
Believe it or not, on 10 September 1963, the Government of Kelantan sued the Government of Malaya and Tunku Abdul Rahman in an attempt to stop the formation of Malaysia.[1] Among the reasons for this suit was that the consent of the Council of Rulers (including the Sultan of Kelantan) had not been obtained.
On 14 September 1963 (just 2 days before Malaysia Day),the Court decided that the Malaysia Agreement was in line with the Federal Constitution and there was no possibility of arguing against the basis of the formation of Malaysia. Had the Government of Kelantan succeeded in that legal challenge, Malaysia may never have been formed. Fortunately, that was not the case and Malaysia was formed.
It is important to remember that on Malaysia Day, Sabah, Sarawak, and Singapore did not become the 12th, 13th, and 14th States of Malaysia. This is a common misconception among Malaysians, especial Peninsular Malaysians. In reality, Malaysia comprised of 3 parts[2]:
- The States of Malaya (being all the states in Peninsular Malaysia);
- The Borneo States (being Sabah and Sarawak); and
- The State of Singapore.
In 1965, Singapore left the Federation of Malaysia. This left Malaysia comprised of the States of Malaya and the Borneo States.[3]
Despite the recognition of the Borneo States on Malaysia Day and the years following, in 1976 the Federal Constitution was amended to merely state that Malaysia comprised of 13 States. The concept of the States of Malaya and the Borneo States was removed.
Many viewed this move as an injustice to Sabah and Sarawak by effectively redefining the Borneo States as the 12th and 13th States of Malaysia. This changed the dynamics of the Malaysia that was born on Malaysia Day.
Despite this change, the status of the Sabah and Sarawak was still different to the status of the individual States of Malaya. An example of this is the restriction of Malaysian citizen’s rights of entry into Sabah and Sarawak (that is why Peninsular Malaysians need to get a Permit or Pass to travel to Sabah and Sarawak), which remains in force until today.
It was only in 2022 that the Federal Constitution was amended to revert to the pre-1976 definition of Malaysia (that Malaysia comprises of the States of Malaya and the Borneo States).[4] This was celebrated as a move to correct the mistakes of the past and return to the true spirit of Malaysia. Following this change, Sabah and Sarawak have been termed as equal partners to the Federation and no longer the 12th and 13th States of Malaysia.
While Merdeka Day is a day of great significance to Malaysians (especially Peninsular Malaysians), the significance of Malaysia Day simply cannot be understated. Malaysia day is a day that commemorates Malaya and Borneo coming together as partners with a hope of uniting its citizens under a common national identity – Malaysia.
Hence, Malaysia Day truly is the birthday of the Malaysia we know and love.
[1] (1963) 29 MLJ 355
[2] Section 4, Malaysia Act 1963
[3] Section 2, Act 59 of 1966
[4] Section 2, Constitution (Amendment) Act 2022
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
