Table of content

Contents Pages

1.0 The historical development of Malaysia Federal Constitution

2.0 Key Concerns Malaysia Federal Constitution

2.1 Religious

2.2 Status of sultan

2.3 Special position of Malay

2.4 Citizenship

2.5 Education

2.6 National language

2.7 Communist

2.8 Foreign policy

3.0 Conclusion
2.3 Special position of Malay

The provisions under Federal Constitution article 153 granted authority to the King of
Malaysia to protect the Malays privileges. By the way, by aided with "Malay
dominance" (Ketuanan Melayu) concept (is a political concept emphasising Malay pre-
eminence in present-day Malaysia). This article also listed how the federal government
maintains the rights of these ethnic groups. This article is still a controversial since this clause
establishes a policy that only benefits to Malays, it was indirectly created an issue of
institutionalise racism in Malaysia among the races (Yin and Pragalath, 2017). In fact, this
article is draft to create a transition period to minimize the gap economic between the Malay
and other races in Malaysia and it may be review of each 15 years.

The portions of the Federal Constitution related to "Malay dominance" were being
entrenched after the race riots of 13 May 1969, which followed an election campaign focused
on the issue of non-Malay rights and "Malay dominance". This period also saw the rise of who
advocated a one-party government led by UMNO, and an increased emphasis on the Malays
being the "definitive people" of Malaysia. The riots caused a major change in the government's
approach to racial issues, and led to the introduction of an aggressive affirmative action policy
strongly favouring the Malays, the New Economic Policy (NEP). Therefore, this policy
considered part of the social contract with the Chinese and Indian immigrants who form a
significant minority in Malaysia and are considered appreciated and compromised to the
Malays for granting them citizenship in return for special privileges as set out in article 153. In
addition, the National Culture Policy, also introduced in 1970, emphasised an adaptation of the
non-Malays into the Malay ethnic group.

On the other hand, in article 8 stated about the equality before the law and non-discrimination,
but it seems like not really being well practiced. In addition, we can found in the Reid
commission report stated that: "... In an independent Malaya, all people should enjoy equal
rights, and opportunity, there should be no racial or religious discrimination ... (Malaysia Kini,
2004).
2.4 Citizenship

Malaysian citizenship may be acquired in one of four ways which either by operation of law,
by registration, by naturalisation and by incorporation of territory which can refer to articles
14 28A and the second schedule.

The key concern for the citizenship by naturalisation is stated on article 19, which would be
relevant to foreigners (especially the for the immigrant from China and India before the
independence) who wish to become Malaysian citizens, specify that an applicant must be at
least 21 years old, intend to mitigate permanently in Malaysia, have good character, have an
adequate knowledge of the Malay language, and meet a minimum period of residence in
Malaysia. In addition, he or she must have been resident in Malaysia for at least 10 years out
of the 12 years, as well as the immediate 12 months, before the date of the citizenship
application. The Malaysian Government remains the discretion to decide whether or not to
approve any such applications.
3.0 References

En.wikipedia.org. (n.d.). Ketuanan Melayu. [online] Available at:

https://en.wikipedia.org/wiki/Ketuanan_Melayu#Mahathir_administration [Accessed
8 Aug. 2017].
Federal Constitution Malaysia [online] , available at:
http://www.agc.gov.my/agcportal/uploads/files/Publications/FC/Federal%20Consti%
20(BI%20text).pdf [Accessed 8 Aug. 2017].
Malaysiakini. (2004). Special rights: Getting to the bottom of Article 153. [online]
Available at: https://www.malaysiakini.com/letters/31948 [Accessed 8 Aug. 2017].
Yin, K. and Pragalath, K. (2017). Article 153 blamed for institutionalising racism.
[online] Free Malaysia Today. Available at:
http://www.freemalaysiatoday.com/category/nation/2012/01/18/article-153-blamed-
for-institutionalising-racism/ [Accessed 8 Aug. 2017].