FEDERAL–STATE CONSTITUTIONAL BOUNDARIES IN THE MALAYSIAN PUBLIC SERVICE: PENSION LIABILITY, INSTITUTIONAL AUTONOMY AND ADMINISTRATIVE AUTHORITY

Abstract

Whereas the Federal Constitution provides for separate and distinct constitutional arrangements for both the federal and State public services, with specific institutional functions in the context of the federal constitution of Malaysia, doubts have been raised regarding whether and how the Federation's pension liability could affect the management of the State public service. Specifically, the question is whether the Federal pension liability would enable it to regulate issues related to appointments, qualifications, and conditions of service of the State public service. This article will consider this question through the doctrinal approach based on the analysis of the provisions of the Federal Constitution, legislation, judgments and constitutional materials concerning the history of the development of the public service regime in Malaysia. It will be shown that Articles 112 and 132(2) carry out different functions under the Federal Constitution and, thus, cannot be confused. While Article 112 seeks to protect the financial interests of the Federation due to its pension liability, Article 132(2) seeks to maintain regulatory power of appointments and conditions of service to the States' institutions of constitutional law.