Sabah has no power to issue its own identity cards, the Home Ministry has made clear, shutting down claims linked to special constitutional safeguards for the state.
The ministry said Article 161E(4) of the Federal Constitution does not allow Sabah to create or issue its own identity documents, despite protections tied to immigration powers.
The clarification came in a written reply to Parliament after Tuaran MP Madius Tangau asked whether the provision could be used to justify a Sabah-issued identity card.
The Home Ministry said Article 161E(4) was never meant to expand Sabah’s authority, but only to protect existing state immigration powers, especially control over entry into Sabah and residency.
“The provision does not grant or extend any power to the Sabah state government to establish or issue its own identity cards,” the ministry said.
Citizenship and population registration, it stressed, remain firmly under federal control, as set out in Articles 14 and 15 of the Constitution and the Federal List under the Ninth Schedule.
Those powers are enforced through the National Registration Act 1959 and National Registration Regulations 1990, which place responsibility for identity cards solely with the National Registration Department.
The ministry said existing laws give no authority to any state government to issue identity documents that carry citizenship implications.
“All identity cards must be issued centrally by the federal government to ensure administrative uniformity, the rule of law and national security,” it added.
While Sabah enjoys special constitutional safeguards, the Home Ministry stressed that issuing identity cards remains an exclusive federal power and cannot be exercised by any state.