Explain the topic Public Service in Malaysian Constitution

(1) Introduction

Civil service is an important institution, which consists of persons, who are directly employed by the state to exercise public functions. Civil service is considered as an essential arm of the government. Civil service is an important arm for the government because it is necessary for formulation, implementation, monitoring of government policies and plans. In Malaysia, civil service is called public services.

(2) Public Services

Definition

Article 132 of the Malaysian Constitution defines the public services; the public services are the armed forces, the judicial and legal service, the general public service of the | federation, the police force, the railway service, the joint public services, the public service of each state and the education service.

(ii) Explanation

According to the Constitution, each part of the Malaysian public services has separate existence and responsibility:

  • (a) Joint Public Services
  • (b) Armed Forces Council
  • (c) Judicial & Legal Service Commission
  • (d) Public Services Commission
  • (e) Police Force Commission
  • (f) Education Service Commission

(a) Joint Public Services

Article 133 provides for joint public services:

  • (a-i) Joint services for Federation & one or more states
  • (a-ii) Joint services for two or more states

(a-i) Joint Services For Federation & One Or More States

Joint services, which are common to the Federation and one or more states, can be established.

(a-ii) Joint Services For Two Or More States

Joint services, which are common to two or more states, can be established at the request of the concerned states.

(b) Armed Forces Council Article 137 establishes an Armed Force Council:

  • (b-i) Constitution
  • (b-ii) Under King’s authority
  • (b-iii) Responsibility

(b-i) Constitution

The Armed Forces Council consists of the followings:

  • (x) Chairman
  • (y) Members

(x) Chairman

The Malaysian defence minister is its chairman.

(y) Members

Followings are its members:

  • (y-i) Member who represents Rulers
  • (y-ii) Chief of Defense Forces
  • (y-iii) Civilian member
  • (y-iv) Two senior staff officers of Federation Armed Forces
  • (y-v) Senior officer of Federation Navy (-v)
  • (y-vi) Senior officer of Federation Air Force
  • (y-vii) Two additional members

(y-i) Member Who Represents Rulers

There is one member, who represents the Rulers. He is be appointed by the Conference of Rulers.

(y-ii) Chief Of Defence Forces

Chief of the Defence Forces is its member. He is appointed by the King.

(y-iii) Civilian Member

Secretary General for Defence is its civilian member and acts as Secretary to the Armed Force Council.

(y-iv) Two Senior Staff Officers of Federation Armed Forces

Two senior staff officers of the Federation Armed Forces are its members. They are appointed by the King.

(y-v) Senior Officer Of Federation Navy

A senior officer of the Federation Navy is its member. He is appointed by the King.

(y-vi) Senior Officer Of Federation Air Force

A senior officer of the Federation Air Force is its member. He is appointed by the King.

(y-vii) Two Additional Members

There can be two additional members, and they are appointed by the King.

(b-ii) Under King’s Authority

The Armed Forces Council is under the King’s authority to perform its responsibility.

(b-iii) Responsibility

The Armed Forces Council is responsible for the command, discipline and administration of the armed forces and all other matters about the armed forces. However, it is not responsible for the matters about the operational use of the armed forces.

(c) Judicial & Legal Service Commission Article 138 establishes Judicial and Legal Service Commission:

  • (c-i) Constitution
  • (c-ii) Jurisdiction

(c-i) Constitution

Judicial and Legal Service Commission consists of the followings:

  • (w) Chairman
  • (x) Attorney General or Solicitor General
  • (y) One or more members
  • (z) Secretary

(w) Chairman

The Chairman of Public Services Commission is also its chairman.

(x) Attorney General Or Solicitor General

Attorney General is its member. If the Attorney General is a member of Parliament or is appointed otherwise than from among members of the Judicial and Legal Service, the Solicitor General is its member.

(y) One Or More Members

It consists of one or more members:

  • (y-i) Appointment
  • (y-ii) Consultation
  • (y-iii) Judge of Federal Court, Court of Appeal or High Court

(y-i) Appointment

The king appoints this member or these members.

(y-ii) Consultation

He is or they are appointed after consultation with the Chief Justice of the Federal Court.

(y-iii) Judge Of Federal Court, Court Of Appeal Or High

Court they are appointed from among persons, who are He is or or have been or are qualified to be a judge of the Federal Court. Court of Appeal or a High Court.

(z) Secretary

The Secretary to the Public Services Commission is also its secretary.

(c-ii) Jurisdiction

The jurisdiction of the Judicial and Legal Service Commission extends to all members of the judicial and legal service.

(d) Public Services Commission

Article 139 establishes the Public Services Commission:

  • (d-i) Constitution
  • (d-ii) Jurisdiction

(d-i) Constitution

The constitution of Public Services Commission can be explained in the following words:

  • (u) Chairman & deputy chairman
  • (w) Members
  • (x) Appointment
  • (y) Advice
  • (z) Consultation

(u) Chairman & Deputy Chairman

It consists of a chairman and a deputy chairman.

(w) Members

It consists of members:

  • (w-i) Minimum number of members
  • (w-ii) Maximum number of members

(w-i) Minimum Number Of Members

The minimum number of its members is four.

(w-ii) Maximum Number Of Members

The maximum number of its members is thirty. However, the King can increase the maximum number.

(x) Appointment

The King appoints its chairman, deputy chairman and members.

(y) Advice

The King is to consider the advice of the Prime Minister to appoint its chairman, deputy chairman and members.

(z) Consultation

The King appoints its chairman, deputy chairman and members after consultation with the Conference of Rulers.

(d-ii) Jurisdiction

Its jurisdiction extends to the followings:

  • (t) General public service of Federation
  • (u) Joint Public Services
  • (v) Public services of state of Malacca & state of Penang
  • (w) Public service of any other state
  • (x) Federal department in state of Sabah or Sarawak
  • (y) Public service of state of Sabah or Sarawak

(t) General Public Service Of Federation

Its jurisdiction extends to the members of general public service of the Malaysian Federation.

(u) Joint Public Services

Its jurisdiction extends to the members of joint public services.

(w) Public Services Of State Of Malacca & State Of Penang

Its jurisdiction extends to the members of public services Penang of the state of Malacca and the State of Penang.

(x) Public Service Of Any Other State

The Legislature of any other state can extend its jurisdiction to all or any persons in the public service of that state.

(y) Federal Department In State Of Sabah Or Sarawak

Its jurisdiction extends to the members of the general public service of the Federation, who are employed in a federal department in the state of Sabah or Sarawak.

(z) Public Service Of State Of Sabah Or Sarawak

In the following cases, its jurisdiction extends to the members of public service of state of Sabah or Sarawak:

  • (z-i) General public service of Federation
  • (z-ii) Federal posts or any posts which have become federal posts

(z-i) General Public Service Of Federation

Its jurisdiction extends to members of the public service of the state of Sabah or Sarawak, who are transferred to the general public service of the Federation.

(z-ii) Federal Posts Or Any Posts Which Have Become Federal Posts

Its jurisdiction extends to members of the public service of the state of Sabah or Sarawak, who are serving in federal posts or in any posts, which have become federal posts in that state and who have exercised the option to be members of the general public service of the Federation.

(e) Police Force Commission

Article 140 establishes the Police Force Commission:

  • (e-i) Constitution
  • (e-ii) Special posts
  • (e-iii) Jurisdiction
  • (e-iv) Responsibility

(e-i) Constitution

The Police Force Commission consists of the followings:

  • (u) Chairman
  • (w) Officer of police in general command of police force
  • (x) Secretary General
  • (y) Member of Public Services Commission
  • (z) Members

(u) Chairman

The minister, who is charged with responsibility for the police, is its chairman.

(w) Officer Of Police In General Command Of Police Force

It consists of the officer of police in general command of the police force.

(x) Secretary General

It consists of the Secretary General to the ministry under the minister, who is charged with responsibility for the police.

(y) Member Of Public Services Commission

It consists of a member of the Public Services Commission, who has been appointed by the King.

(z) Members

The King appoints its members:

  • (z-1) Maximum number
  • (z-1) Minimum Number

(z-i) Minimum number

It consists of minimum two members.

(z-1) Maximum Number

It consists of maximum six members.

(e-ii) Special Posts

The King can designate the following special posts on the recommendation of the Police Force  Commission:

  • (x) Inspector General of Police
  • (y) Deputy Inspector General of Police
  • (z) Any other posts

(x) Inspector General Of Police

He can designate post of Inspector General of Police.

(y) Deputy Inspector General of Police

He can designate post of Deputy Inspector General of Police

(z) Any Other Posts

He designate any other posts of similar or super status in the police force.

(e-iii) Jurisdiction

The jurisdiction of the Police Force Commission extends to all persons, who are members of the police force.

(e-iv) Responsibility

The Police Service Commission is responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, and promotion, transfer and exercise of disciplinary control over members of the police force.

(f) Education Service Commission

Article 141 A establishes the Education Service Commission

  • (f-i) Constitution
  • (f-ii) Jurisdiction

(f-i) Constitution

Its constitution can be explained in the following words:

  • (t) Chairman
  • (u) Deputy Chairman
  • (w) Members
  • (x) Appointment
  • (y) Advice
  • (z) Consultation

(t) Chairman

It consists of a chairman.

(u) Deputy Chairman

It consists of a deputy chairman.

(w) Members

It consists of members:

  • (w-i) Minimum number
  • (w-ii) Maximum number

(w-i) Minimum Number

Minimum number of its member is four.

(w-ii) Maximum Number

Maximum number of its members is sixteen.

(x) Appointment

The king appoints its chairman, deputy chairman and members.

(y) Advice

The King is to consider the advice of the Prime Minister to appoint its chairman, deputy chairman and members.

(z) Consultation

The King is to appoint its chairman, deputy chairman and members after consultation with the Conference of Rulers.

(f-ii) Jurisdiction

Its jurisdiction extends to the members of the education service.

(3) Conclusion

It can be finally stated that the efficiency of public services is very essential for the proper functioning of any administrative system. The role of public services changes and its scope widens with the passage of time. Its efficiency and changing role are very necessary to solve the new and growing problems. And the Malaysian administrative system also depends upon its public services to perform its responsibilities and solve the public problems.

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