matter under both the Federal and State legislatures concurrently. The Federal
Constitution’s Ninth Schedule provides several lists that enumerate the matters which
are either under the separate or shared jurisdiction of the Federal and State legislatures. 29
List I provides matters under the Federal Parliament’s purview. Examples of such
matters which could immediately relate to the IP include education, medicine and
health, and social security. Moreover, List I clearly includes the welfare of the Orang Asli
in the Peninsula as a Federal matter. On the other hand, land matters are among the
subjects under the State’s jurisdiction as itemised in List II of the Ninth Schedule. In
addition, the supplemental List IIA provides items classified as matters specifically for
the States of Sabah and Sarawak to include, among others, native law and customs.
While the above Lists deals with the legislative powers of the Federation and States, the
subsequent List III and List IIIA of the Ninth Schedule provide matters that are under the
jurisdiction of both the Federal and State legislatures, such as social welfare and services,
public health and preservation of heritage. 30
29
30
Federal Constitution of Malaysia (n. 11), Ninth Schedule
Federal Constitution of Malaysia (n. 11), List I ,II, IIA, III, IIIA
12