Citizenship: renunciation and deprivation

• Main Authors: Masum, Ahmad, Ali Mohamed, Ashgar Ali, Ahmad, Muhamad Hassan, Arowosaiye, Yusuf Ibrahim
• Format: Book Chapter
• Language: English
• Published: LexisNexis Malaysia Sdn Bhd 2022
• Subjects: K3165 Constitutional Law
• Online Access: http://irep.iium.edu.my/103970/2/103970_Citizenship%20Renunciation%20and%20Deprivation.pdf; http://irep.iium.edu.my/103970/; https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation

Citizenship is undeniably a contested concept where different countries have different policies on citizenship, with some adopting more inclusive policies, and this invariably leads to an application procedure that is less stringent. But such a policy, to a great extent, is very much dependent on a country’s history and priorities. The Malaysian citizenship laws are basically enshrined in the Federal Constitution, which is the supreme law of the Federation. Part III of the Federal Constitution deals at some length not only with matters related to the acquisition of citizenship but also the termination and deprivation of citizenship, besides, containing the supplemental provisions. In addition, the Second Schedule of the Constitution equally addresses matters related to citizenship. However, it is important to note that what one finds in the Federal Constitution are just the provisions for the grant and termination or deprivation of citizenship. It is interesting to note that the Reid Commission contains 21 paragraphs on various issues pertaining to citizenship. These are supplemented by another nine paragraphs in the White Paper. This is aside from the provisions on the subject in the Federation of Malaya Agreement 1948. It is indeed interesting as those pertaining to fundamental liberties are much lesser though the case law pertaining to the latter is voluminous and continues to grow. Further, citizenship provisions are so deeply entrenched that even under Articles 159(5) and 161(E) which provide inter alia, that any amendment to citizenship provisions requires a special two-thirds majority of the total membership of each House of Parliament plus the consent of the Conference of Rulers and of the Governors of Sabah and Sarawak. Even in times of emergency, Article 150(6A) bars any tampering with citizenship rights. Hence, it would suffice to note that a citizen is a native or naturalised person owing allegiance to and entitled to protection from a government and the exercise of civil rights. In other words, citizenship is the status of a citizen, with all its rights and duties. Unlike the preceding chapter which deals with the acquisition of citizenship, this chapter however discusses the provisions of the Federal Constitution relating to renunciation and deprivation of citizenship which is governed by chapter 2 in Part III, namely, Articles 23 to 28A of the Federal Constitution.