Malaysian Federal Constitution

• What is a Constitution of a Nation?

– It is a document that GUARANTEES that the

Government and the Law will NOT take away
the rights enshrined in that document.

– It is the supreme law of a country

 Malaysian Federal Constitution
• The Malaysian Federal Constitution was drawn out by
the Reid Commission in 1957.

• The basis of the constitution was:

– Equality in law for Multiracial citizenry with a Malay majority
– Secularity
– Guarantee of the protection of legitimate interests of each
community
– Guarantee of basic human rights for all
– Institutional checks and balances
 Continuous violation of the
Malaysian Federal Constitution
• But all this was not to be.

• The Constitution has been amended 42 times

with about 650 individual amendments.over the
48 years since independence as of 2005.

• And the the spirit of the original document has

been diluted
 Continuous Violation of the
Malaysian Federal Constitution
1. The appointment of Judges
2. The ISA
3. The Seditions Act
4. The Printing Presses and Publications Act
5. The Official Secrets Act
6. Article 136 on Equality in employment as
Government Servants
7. Article 121 on the Courts of Jurisdiction for non-
Muslims
8. Article 11 on the Rights to manage the affairs of
religion of each religious group.
 The appointment of Judges

 The Prime Minister appoints the judges

and not the Yang DiPertuan Agung
anymore. This amendment to the
Constitution was made by Dr.Mahathir in
1988.

 This makes it possible for the Prime Minister to appoint judges

who would rule favourably for him whenever challenged.

 Our Hindraf leaders can never hope to get a fair hearing in the
courts under these circumstances, nor can any of us if we
challenge the Government.

 The effect of this amendment is the fact that the rule of law
does not exist when we challenge the Government on any
issue. The Government can do anything and get away with it.
 The ISA

 Detention of citizens under ISA cannot be

challenged in any court. The Ministers
decision is final. This amendments to the
ISA was done in 1989 under Dr.Mahathir.
This law was originally only meant for
those who take up arms to overthrow the
Government -now ordinary people get
detained under ISA.
 This amendment makes sure that the ISA is a powerful law that
the Government can use to put anyone away totally and finally.

 The effect of this law is that they help put out any opposition to
the Government. Whenever the Government is challenged they
use the ISA to overcome the challenge. The Government has
used this repeatedly to quash Opposition. The latest are the 5
Hindraf leaders and Raja Petra Kamarudin
 The Seditions Act

 The Sedition Act 1948 makes it an

offence to talk about or discuss issues
that are considered sensitive - like
equality, fairness and opportunities for
all races.

 The act was originally enacted by the colonial authorities of

British Malaya in 1948 with the intent of curbing opposition to
their rule

 The Constitution was amended in 1971 and the Sedition act was
expanded to include Article 152,153 and 180 of the Constitution
as sensitive and attempts to prevent the citizens from engaging
in any discussion on these matters.

 The amendment was needed to shut any discussion on the the

racial policies of the UMNO led Government. This is how the
UMNO putras have managed to corner all the resources of the
nation to themselves.

 The effect of this was the acceleration of the racial policies of

 The Printing Presses and Publications Act

• Newspaper companies are required to get

annual licences under the Printing Presses
and Publications Act 1948 and the award of
such licence is totally at the discretion of
the Home Affairs Minister This act was
further amended in 1987 preventing any
action against the Home Affairs Minister
from being called into question in the
courts.

• This is in outright violation of Article 10 of the Constitution which

guarantees freedom of speech.

• Why is this act and the amendment necessary? So that the mass
media can be tightly controlled. The Government recognises that the
mass media is a highly powerful instrument for control of the minds of
the people. The people can continue to be fed lies so the Government
can continue with its anti people policies. As long the judges are on
the side of the Government this violation will continue.
 The Official Secrets Act

• The Official Secrets Act 1972 (Act 88), also known as

the OSA, is a law that prevents the passing on of
information classified as an official secret. Items
such as cabinet documents, records of decisions and
deliberations including those of Cabinet committees
as well as State Exco decisions and deliberations

• Whatever the Government decides to do can be kept a secret. This

way they can do whatever and it will all be kept out of the public’s
view.

• This sets the environment for all the corruption that goes on and for
all the racially skewed decisions that the Government takes.
 Article 136
on Equality in employment as Government Servants

 All persons of whatever race in the same

• What wasinthe
grade effect
the of the
service amendments?
of the Federation
shall, subject to the terms and
conditions of their employment, be
treated impartially.

 It is a well known fact that non-Malay Citizens in the

Employment of the Government are not treated impartially.
 Article 121
The Courts of Jurisdiction for non-Muslims

 This article basically clarifies that the

courts that will adjudicate for non-
muslims are the High Court and
associated other courts using the
common law . This was amended to
clarify for Muslims in 1988.
 The amendment of Article 121(1A) of the
Federal Constitution was to provide to
Muslims the constitutional protection for
their rights to be adjudicated in syariah
courts without detracting any rights
from non-Muslims.

 Where there has been a muslim and a non-muslim

involved in the dispute the Government has allowed the
Syariah Court to rule.
 Article 11 on Religious Rights

 Article 11 of the Federal Constitution is

very clear. Every person has the right to
profess and practice his religion.

 But the practice of the Hindu religion requires shrines and

temples be built for the communities wherever they are.
 There is no provision of land for Temples.
 Temples already existing ar broken down.
 There is disrespect for the Religion of the non-Muslims by the
Authorities concerned
 There is no state policy on all of this conveniently in the name
of autonomy provided in the Article 11.
 How all of this works together to
create the marginalization of
the Indians

 The UMNO putras need the support of

the Malay people to continue to wield
power.
 They use racially orientated policies to
get this support. They do this by
violating the constitution – not caring to
maintain equality and fairness – in jobs,
in licences, in land deals, in
scholarships, in educational institutions,
in Government assistance and in so
many other spheres.
 They keep the Malay citizens thinking
that without UMNO Malays lose.
 Then the UMNOPutras maintain a
completely secret Government - making
any decision they deem fit, which feeds
 How all of this contributes to
the marginalization of
the Indians

 Over the 50 years, especially in the last

20years, as the Plantation companies
were bough over by the Government and
with the Petrol money and the
privatisation deals, UMNOPutras have
enriched themselves graetly.
 They have become the new Tuans. But in
order to maintain the Tuan status they
need to keep their Malay constituency
happy. They do this with enough trickle
down effect to achieve the support.
 Being the new Tuans and not really
needing the Indians beyond their once in
five years votes, which any way they had
Mandores for, they totally ignored the
Indians as a community.
 How all of this contributes to
the marginalization of
the Indians

 No allocations , no community
development efforts, no protection in
law, no effort to build them up, nothing.

 Given the History of the poor Indians and

the fact that a large number of them
were pushed out from the estates to
fend for themselves in an urban
environment - they became security
guards, gardeners, milkmen, drivers,
contract workers, unemployed,
criminals, the lumpen proletariat.

 Those that remained in the estates had

to compete with the illegal foreign
 How all of this contributes to
the marginalization of
the Indians

 The media which is totally controlled

keeps the Indians divided, with a low
self image and ignorant of their true
rights. They were given Astro and a lot
of channels to keep the Indians
distratced from their true plight.

 They do not know their rights, the

mandores keep deluding them, the
Mandores control the Indian papaers, 2
out of 3 papers are owned by the
mandores and the third is owned by a
Muslim Owner. What do you think the
people will get.
 How all of this contributes to
the marginalization of
the Indians

• What
Many Indians
was are born
the effect and
of the they do not
amendments?
have birth Certificates or ICs
 They grow up in a very depressed family
environment
 They do not have good primary
education
 They cannot pursue higher education
because in more ways than one the
system defeats them.
 They dot have proper places of worship
 They cannot get decent jobs
 They cannot own a house.
 How all of this contributes to
the marginalization of
the Indians

• What was the effect of the amendments?

 They cannot bring up a reasonable
family
 They get involved in crime or in some
other undesirable activity
 They get caught by th law and they are
treated like scumbags.
 When they die they are not sure of
where they will be buried
 They are caught in this vicious cycle of
poverty and marginalization.