Can the Prime Minister appoint a Minister for Non-Muslim Religious Affairs? Here's what the Constitution say
A recent proposal by the Member of Parliament (MP) for Raub Chow Yu Hui in the Dewan Rakyat sparked controversy and received backlash from lawmakers and the public alike. Debating the Royal Address on 12 February in Parliament, Chow proposed for a second minister to be appointed for religious affairs, which is specific to non-Islamic religious affairs, essentially splitting the religious affairs portfolio under the Prime Minister’s Department.
For reference, currently, Datuk Dr Mohd Na’im Mokhtar is the Minister in the Prime Minister’s Department (Religious Affairs), a position that has been part of the Cabinet in Malaysia for decades. There has never been a Ministerial portfolio specifically designated to oversee non-Islamic religious affairs in Malaysia, with matters related to interfaith relations at the federal level currently under the purview of the National Unity Ministry.
The Star quoted the DAP MP as saying that appointing a Minister for non-Islamic affairs would safeguard the rights of all citizens, allow for more effective discussions on related issues, and help prevent unnecessary controversies. He further gave the Penang, Perak and Negeri Sembilan State Governments as examples on the matter, as all of the states have appointed an executive councillor (Exco) for non-Islamic affairs.
With that in mind, can such a Ministerial position be created in Malaysia? Who is responsible for appointing Cabinet Members? Are there specific portfolios that must be present in Cabinet?
Well, join us as we examine the highest law of the land, the Federal Constitution, to find out.
Who appoints members of the Cabinet?
In Malaysia, the appointment of the Cabinet is governed under Article 43 of the Federal Constitution below.
As you can see, Article 43(1) prescribes that Yang di-Pertuan Agong shall appoint the Cabinet of Ministers, known as the ’Jemaah Menteri’, to advise him in the exercise of his functions.
Article 43(2) further prescribes that the Yang di-Pertuan Agong must first appoint a Prime Minister to preside over the Cabinet from the Dewan Rakyat who, in his judgment, is likely to command the confidence of the majority of the members of the House. The King shall then appoint other Ministers from among the Dewan Rakyat and Dewan Negara on the advice of the Prime Minister.
In other words, the Yang di-Pertuan Agong appoints all Ministers of the Jemaah Menteri on the advice of the Prime Minister. Meanwhile, Article 43(3) establishes that the Cabinet shall be collectively responsible to Parliament.
As for the appointment of Deputy Ministers, it is governed under Article 43A of the Federal Constitution. Similarly, they are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister.
Deputy Ministers exist for each portfolio in the Jemaah Menteri, with Article 43A(2) establishing that Deputy Minister shall assist Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers. However, do note that Deputy Ministers are not considered members of the Cabinet.
The Prime Minister decides on the composition and portfolios of the Cabinet
As for the portfolios of the Cabinet, there are no specific provisions in the Federal Constitution prescribing them. Hence, it mainly depends on the wishes of the Prime Minister of the time, with each premiership having different portfolios depending on their policies.
Back to the subject matter at hand, it is thus the discretion of the Prime Minister to establish any portfolio he sees fit, including a portfolio through the Prime Minister’s Department, which is what the Minister in charge of non-Islamic religious affairs would be part of as proposed by the Raub MP.
However, given that the portfolio involves non-Islamic religious affairs in the country, it can be argued that such a Ministerial position goes against the ‘spirit’ of the Federal Constitution.
There are no specific procedures for the management of religions other than Islam in the Federal Constitution
Article 11 of the Federal Constitution below safeguards freedom of religion in Malaysia as it prescribes that every person has the right to profess and practise his religion in the federation
Moreover, Article 11(3) establishes that every religious group in Malaysia has the right to manage its own religious affairs, establish and maintain institutions for religious or charitable purposes and acquire and own property and hold and administer it in accordance with the law.
However, Article 11(4) asserts that state and federal laws may control or restrict the propagation of any religious doctrine or belief among Muslims.
Meanwhile, Article 3 of the Federal Constitution below prescribes that Islam is the religion of the Federation, but other religions may be practised in peace and harmony in any part of the Federation. Furthermore, Article 3(5) establishes that Parliament may, by law, make provisions for regulating Islamic religious affairs.
The latter is quite notable as a similar provision doesn’t exist in the Constitution regarding the management of non-Islamic religious affairs in our country. This, combined with the Constitution enshrining Islam as the religion of the Federation, can be made as arguments as to why there shouldn’t be a Ministerial position for non-Islamic religious affairs in our country.
However, this has proven to be academic, at least for now, as Prime Minister Datuk Seri Anwar Ibrahim recently announced that the Cabinet has rejected Chow’s proposal, as reported by Bernama.
Nevertheless, should the next Prime Minister decide to create a portfolio for non-Islamic religious affairs, the judiciary is the authority that would determine whether such a position goes against the Federal Constitution.
For more insights into the Malaysian legal system such as this, do make sure to follow us on Facebook and Instagram or visit our official website. You can also read our articles on the popular Malaysian news aggregator app Newswav here.
