The gist, essence and resolve of the Federation of Malaya Constitution which came into enforce on 0001hrs 31 August 1957 as the fundamental principles and references of a sovereign nation instituted as a kingdom that practice Westminster style constitutional monarchy of giving democracy to the people, is undoubtedly all about ‘Ketuanan Melayu’.
The Federation of Malaya Constitution was formed based on the ‘Treaty of the Federation’ which was negotiated as a consequence to the failure and revocation of Sir Harold MacMichael’s Malayan Union, which actually came into effect with Sir Edward Gent assuming the position and role of Governor on 1 April 1946. Subsequently the British sat down in a series of meetings and negotiations with HRH Rulers and UMNO representatives were present as observers and witnesses. As a result, 0n 21 Jan 1948 the Treaty of the Federation was signed and sealed (and eventually came to force on 1 Feb 1948) by the British High Commissioner, representatives of HRH Rulers and UMNO and adopted the pre-1941 status quo.
The most important bit of the Treaty of the Federation 1 Feb 1948 is Article 12. There was a specific mention of Article 12 on citizenship, item (a) “Any subjects of HRH Malay Rulers who were born on on before the date”, (b) “Any British subjects who were born in the Strait Settlements on or before that date”, (c) “Any persons which was born on or before the date in any of the Malay States within the Federation who is practicing the Malay culture and speak the Malay language”. There was specific provision for the application to be citizens, which clearly state the requirement to be verse in Malay. No provisions for the rights of the Non Malays were mentioned.
The spirit and essence in form and substance of the ‘Ketuanan Melayu’ was preserved and enshrined in the Federation of Malaya Constitution 31 August 1957. The specific mention is best reflected in Article 153:
- It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.
- Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special provision of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.
- The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.
- In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.
- This Article does not derogate from the provisions of Article 136.
- Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.
- Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorised a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.
- Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation-
- (a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him;
- (b) authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with he other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or
- (c) where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.
- (8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yank di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.
- (9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.
- (9A) In this Article the expression “natives” in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.
- The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.
‘Ketuanan Melayu’ should not be mistaken and translate on and about ‘Malay Supremacy’. ‘Ketuanan Melayu’ is about ‘Malay Dominance’, especially the Malays and natives of Sabah and Sarawk is the majority of the citizens of this nation. The fact is that ‘Ketuanan Melayu’ which is the basis and enshrined in the Federation of Malaysia Constitution which is the Supreme Law, is about the preservation of the rights and position of the Malays as the majority of the population. However, it does not mean that the Malays have the right or authority to take what is accorded for the Non Malays like the right to vote, own properties and own businesses. ‘Ketuanan Melayu’ is never about repressing others, in spirit, form or substance.
The essence of the wisdom, fairness and goodwill of Malay Leaders led by Tunku Abdul Rahman Putra in 1956 who negotiated first with HRH Rulers (to allow for constitutional monarchy) and then with the British to unconditionally and with grace accept the near 1 million ‘stateless’ Non Malays (they were then neither subjects of HM Queen of Great Britian of United Kingdom and Eire nor any of HRH Rulers, as stipulated by the ‘Treaty of the Federation’, 1 Feb 1948) to be automatically granted citizenship of the soon to be born Federation of Malaya, must be understood, respected and most of all preserved as the single most important fundamental point and blueprint of being what Malaysia is today. That cannot be denied, changed or erased.
Federation of Malaya and then Malaysia bloomed into a formidable nation of unity within ethnic, cultural and religious diversity, in the true spirit of tolerance, muhhibah, co-existence and c0-operation and above all, respect and harmony. Problems only surface when Chinese Chauvinism, brought forth by PAP, in the spirit of fairness and freedom of speech, was allowed to be heard and challenged in a racially motivated tone. Upon their expulsion from the Federation on 9 August 1965, is still being carried through with intensity by the DAP till present if not more. The racial slur overtone by the minority Chinese Chauvinist DAP attempting to deny what had been preserved in the Federal Constitution and in the same breadth challenging the Malays as the majority, sparked the 13 May 1969 racial riots. At all cost, Malaysians should never go there again.
In the true spirit of ‘1 Malaysia’ , where “rakyat first”, then the nation must come as one and uphold what had been enshrined the Federation of Malaysia Constitution. We should not condone ‘rent seeking’ as a justification for the implementation of the New Economic Policy (NEP) in the spirit of Article 153. However, the provisions for the Malays’ rights for business, scholarships and permits have been clearly underlined should be implemented in operational practicality under NEP. The failure in the delivery of the NEP should not be an excuse to completely discard an affirmative action plan which is was supposed to translate some of the provisions of the Federation of Malaysia Constitution under Special Rights of the Malays.
Constitutionally, the Federation of Malaysia which is a sovereign nation recognised diplomatically as legal citizen of the world and member of the United Nation is fundamentally about Malay. Islam, the religion of the Malays is the religion of the Federation of Malaysia. Malay language, the mother tongue and lingua franca of the Malay archipelago (till present) is the official language, as per Article 152. One of the nine HRH Rulers rotate every five years to assume the position of the constitutional and ceremonial leader of the nation, as His Majesty Seri Paduka Baginda Yang DiPertuan Agong is a Malay and swore to protect the position of the Malays. The Conference of Rulers have met several hundred times since Merdeka, to discuss very strategic issues of the nation, which include matters on Islams, Malay culture and heritage and appointment of key positions like Chief Justice, Chief Judges, Chief of Defense Force, Attorney General, Inspector General of Police and Head Commissioner of the MACC.
Its time everyone respect that. The matter of fact to question the Special Right of the Malays, could be deemed seditious. It is time that everyone worked within and around the ambit of the Malays is the basis of this sovereign nation.
The "thirteen million plus Ringgit" guy rambles.... 
Bloody good piece, Big Dog. I’ve long wanted to find the basis to put out the point that you put out. I only knew the British saying in their Parliament in the 50s that the Special Position of the Malays had been there “since day one” and had not been deligent in digging the points that you put out above.
Thanks for the point: it was “the Malay Leaders led by Tunku Abdul Rahman Putra in 1956 who negotiated first with HRH Rulers (to allow for constitutional monarchy) and then with the British to unconditionally and with grace accept the near 1 million ‘stateless’ Non Malays … to automatically be citizens .. of the Federation of Malaya”.
Clearly then, the non-Malays have to thank the Malay leaders. Clearly then, the Malays are right in calling the errant, inconsiderate, greedy and NEP-grudging ones as “ungrateful” beings. There are many grateful ones, though, who don’t grudge Article 153, but certainly not those hogging the so-called Malaysian Malaysia mischief.
Will say more in due course.
Questioning the Special Position of the Malays and the Bumiputeras of Sabah and Sarawak is definitely seditious. It’s clearly so. It’s protected under the Sedition Act.
It’s only a matter of the Government in power wanting to use its power to enforce all the laws at its disposal or not. It’s a matter of whether to continue the lax attitude prevailing during Tun Dol’s time. The attitude that has allowed the ungrateful ingratiates to say almost anything as they please, including snide remarks and mocking the NEP by using such words as Tongkat. And Tun Dol joining in the laughter, even using the word himself later.
Najib now appears to have gone one step further. He openly stated that Chinese schools can continue. More than that, he gave millions of Ringgit to Chinese schools. Completely disregarding Article 152 of the Constitution on Bahasa Malaysia. And we are not even talking about Ketuanan Melayu there. We just want the ungrateful to be loyal citizens. And loyal citizens must respect and abide by the Constitution fully.
The Government must use all the resources of the Ministry of Information to explain, broadcast and make as many of the citizens as possible understand and accept the pertinent clauses of the Constitution. The Ministry of Home Affairs has the discretion to warn, suspend or even withdraw the licenses of the print and broadcast media to restrain the erring ones from seditious writing and broadcast. Alas, the Minister of Home Affairs has so far only reached the level of warnings. Perhaps taking the cue not to be harsh from the Prime Minister. The ISA he wants to amend. Liberalism he may want to show. The situation may get worse.
Let us speak up and say our piece here and there. Let them know that we want what is stated in the Constitution and the various agreements as stated by Big Dog above be respected and adhered to.
Bro, perkara perkara begini seharusnya dipapar dan dihebahkan secara meluas agar semua rakyat dari semua kaum dapat faham akan kedudukan yang sebenarnya agar tidak dikelirukan oleh pihak-pihak yang berniat jahat. Soalnya, apakah yang dibuat oleh kerajaan dan para menteri yang berkenaan dalam menangani isu sebegini- TIDUR!!!! Terutama sekali menteri yang kuat bagi AMARAN sahaja, tindakan kosong. Saya percaya tidak semua kaum cina dan india berhati busuk seperti Lim Kit Siang dan gerombolannya, namun LKS akan terus memainkan jarum untuk mengapi-apikan perkauman yang bahaya. Disinilah sepatutnya KDN bertindak pro-aktif mengekang segala percubaan oleh LKS, lagi sekali disini gagal kerana menteri berkenaan hanya mampu beri AMARAN itu sahaja, bila nasi jadi bubur barulah terhegeh-hegeh nak ambil tindakan dah TERLAMBATkan! kalau asyik bercakap…cakap…cakap, mulut dah jadi macam mulut ikan baung, eloklah bagi orang lain buat kerja. Balik rumah dakap bini lebih baik.
Semua kuasa sudah ada. Semua alat sudah ada – ISA, Akta Hasutan, Kementerian Penerangan. Tapi semuanya waswas apa bossnya Najib ahu. Sekarang mangkin nyata Najib mahukan liberalism kononya. Liberalisasi ekonomi, bantu sekolah Cina, suruh Melayu bertanding dipadang yang tak sama rata. Jadi mangkin tak nampaklah tindakan yang kita harapkan.
UMNO perlu ambil tindakan supaya bossnya pertahankan dan majukan hak dan kepentingan Melayu. Kalau dia enggan lagi, cari ganti.
Syabas Big Dog!
Only superiror inteliigence like this can defeat these ungrateful “Bas*****.”
It appears all these while the Shit “Sing is King” had been bull shitting and getting away with bluffing.
Its about time that PM Najib be reminded that we Pribumis demand our rights under the Constitution lest he had forgotten that it is the majority Pribumis that put him up there in the first place!
A beautiful piece Bro!
We have to act if DAP are playing the racists card again. Just like what happened on the 13th May 1969, it was all their doing.
Article 160
TODAY SAMY VELOOOOOO SACKED MIC YOUTH HEAD FROM MIC
13 GE BN WILL BE SACKED BECAUSE OF THIS OLD BLOODY VELOOOO
LU INGAT INI MIC BAPAK LU PUNYA … COME ON MIC MEMBERS .. DONT BE COWARD LAAA……. TAKUT NANTI MELAYU TAK MAU TOLONG SAMA LU LAGI SEBAB INI CELAKA PUNYA SAMY …
DEY SAMYYY!!! YOU CAN FOOL MIC MEMBERS, BUT YOU CANT FOOL MALAYSIAN .. POOOORAHHHH!!!!
Malaysians are not fools like Samy Vellu obviously think they are.
Denial syndrome
Salam Tuan,
Maybe we could highlight the following facts, somewhere, somehow:
I’m teaching at Ajman University of Science & Technology here in UAE. Many of my students, who are Palestinians, Jordanians, Lebanese, Syrians, etc. were born here twenty plus years ago, and most of their parents have been here since the Zionists state was established in 1948. HOWEVER, NONE OF THEM HAVE CITIZENSHIP OF THE UAE AFTER ALL THESE YEARS DESPITE THEIR CONTRIBUTIONS TO THE COUNTRY!
Also, we might want to remind those who questioned the rights of the Bumiputera that to get citizenship for Canada, Australia, etc., one needs to get PR status first and then one might qualify for citizenship, irrespective of whether one is a professional or not.
How did the millions of fathers & mothers and grandpas & grandmas of our non-Bumi Malaysians get their Malaysian citizenship? By the stroke of the pen, so to speak! And now these very people are questioning their rights and the rights of the Bumiputeras. It says a lot about these lot of people who claimed to be Malaysians! And these are the very people who would be the first to get on the boat or the plane to go somewhere else when good ol’ Malaysia is no longer viable economically! Talking about loyalty & patriotism! Poorah!
These people are referred to in the Constitution only as “the others”. Not one word of Chinese or Indians is mentioned – the British constitutional law experts who drafted our Constitution probably had guilt conscience for the British colonialists bringing shiploads of them into Malaya for some 80 years!
Those who hawk the so-called Malaysian Malaysia concept need to be told again and again that the YDP Agong is obliged to protect only their “legitimate interests”. Those interests need to be spelt out. Citizenship, right to engage in business, etc, and discretion be applied when entertaining them. Certainly not vernacular schools. They have to respect and live by the Constitution as that is the basis of loyalty to the country. They cannot say, “Give me what I want then only I give what the country wants”. Paying tax alone is not the only measure of one’s loyalty because the foreign labourer also pays tax in the form of levy.
But until and unless Najib changes course, we would be seeing, reading and listening to more and more irritants in things he does and says. Irritants alone is one thing but damaging our interests is another. Wanting Malays to compete on an uneven playing field and not incorporating NEP into the NEM certainly damages our interests – we might slip back from the 18% corporate wealth if we have to compete with people who have a business culture that we don’t have. The Melayu cannot get to be an agent or dealer for any product if down the line in the distribution chain a Chinaman is in control. The fella can easily justify to his boss that the Melayu does not have the knowledge, the experience, the business links, or even the capital to run an agency or dealership for their product.
We really need to take action on Najib himself. All the Ministers and Government officials have to follow his “liberal” line to cari makan. Even the GLC officials like his newly appointed Petronas CEO who brought in family friend, ex-PKR top gun Sheryll Stothard as a GM/ VP, probably supported by another Najib appointee, loan delinquent Omar Ong at the Borad of Directors.
The MCA President also became encouraged by Najib’s stand on many issues that he lambasted and ridiculed Ibrahim Ali, Perkasa and the 76 Malay NGOs recently. He also complained loudly about a few Government officials who appear to do their bit in restraining the giving of what these people want, even not quite in line with what their top boss wants. And after PRK Hulu Selangor, the MCA man said the MCA has to be more “vocal” thereafter. Now we have the MCA also appearing to be in the “Malaysian Malaysia” crowd. And the Malaysian Malaysia concept has been subverting Article 153.
Let’s discuss the kind of action that can be taken on Najib in order to ensure that Malay rights and interests be not only protected but also promoted.
One action is to call UMNO to censure him. UMNO is supposed to protect and promote the rights and interests of the Malays.
Also ask him to use all the resources at his disposal to explain fully what Ketuanan Melayu is all about and enforce the Malay Special Position which has always been there “since day one” according to the British.
For those who are questioning the Malay rights and are still not satisfied though they had controlled this country’s economy, maybe they should migrate to other developed countries which are so democratic and upholding the human rights.
PKR = Illuminati
Dear Bro Bigdog,
After reading this article and comments from fellow bloggers my conclusion is as follows :
1.The subject of PERLEMBAGAAN PERSEKUTUAN should be taught in all secondary schools,colleges and universities.The subject is compulsary.
2.All Member Of Parliament and State Assemblymen must attend special class on PERLEMBAGAAN PERSEKUTUAN and they must set and passs the examination.
3.Ministry of Home Affairs must set up a committee to monitor any citizen of this country who frequently speaks seditious words against the PERLEMBAGAAN and action must be taken immaterial from which political party ones belong.
4.A specialised team or NGO well versed about Perlembagaan Persekutuan to be set up just to monitor all Government policies and check them if the policy has gone against the spirit of Perlembagaan.
5.Lastly all Malay NGO’s must be united,brave and bold to tell off The Prime Minister that he has gone off track .
Our rulers, HRH, sacrificied so much “..to allow for constitutional monarchy…”
This sacrifice must never be forgotten by us.
mohamed
Tuan,
Like it or not, history recorded it in that manner.
1. When British wanted to give up Malaya as part of the protectorate under the British Empire in the 1950s, they offered HRH Rulers ‘The first right of refusal’ for the custodian of the land, since HRH Rulers ‘surrendered’ their states to Britain.
2. It was the wisdom and clout of Almarhum YTM Tunku Abdul Rahman Putra Al Haj, a British trained administrator and lawyer and a prince, to convince HRH Rulers to give up the custodian of the states in favour of Westminster style ‘Constitutional Monarchy’ democracy, which the rakyat determine the ‘Kerajaan’ (note the middle word, ‘Raja’) and the laws.
This is Tunku’s biggest legacy. This is the FIRST ‘SOCIAL CONTRACT’.
There on, Tunku with the consent of HRH Rulers, a strong mandate of the rakyat (which voting power was almost 90% Malays) and agreement of Non Malay Malayan leaders (Tan Siew Sin, Henry H S Lee, V T Sambanthan etc) for a Malay led coalition government and specific provisions for Special Malay Rights (as per Treaty of the Federation 1 Feb 1948 be continued and reflected), then only Tunku negotiated with the British Foreign and Commonwealth Office representatives.
I’m afraid I disagree with you there, BD.
There are often different interpretations of what were written in the records. Even after putting aside the extremists’ disregard for the fact that the British told their Parliament that the Special Position of the Malays had been there “since day one” and that they had recognized it.
Officially, Singapore “separated” from Malaysia under the Separation Agreement in 1965. Tengku A Rahman would call it as “kicking” Lee Kuan Yew and Singapore out of Malaysia for causing problems with his subversive “Malaysian Malaysia” concept. Others blamed T A Rahman endlessly for giving away Singapore to the Chinese free.
Some Britishers called the Pangkor Treaty of 1874 as civilising the Malays. The Chinese were happy that God and Providence came that gradually enabled them to amass so much wealth. The Perak Malays looked at it as a Treaty signed at the barrel of the gun and Dato Sagor and his men speared the first British Resident, JWW Birch, to death along the banks of the Perak River in Pasir Salak when the orang putih went round to start exerting British rule.
More authorities need be quoted to justify the statement that the Malay Rulers “surrenderd” their states to Britain.
Sdr Big Dog,
Yes, history recorded it in that manner.
Tunku “convince HRH Rulers to give up the custodian of the states” in 1950’s which were in their family custody for hundred years if not thousands. And our ancestors were powerful.
The commoner malays took over the “kerajaan” for just about 50 years. And we are already nervous!!!!
Wonder what did TUNKU said in private to convince HRH to give the custody of the States to the British.
I suppose there were a few tears, including mine
mohamed
BigDog,
Clearly your thesis has pointedly indicated that DS Najib has no right to place emphasis on 1Malaysia.
It should therefore clearly be 1Melayu and Others…
You BigDog as a Malay (try to get rid of the word Dog though), should take over from Ibrahim Ali of Perkasa in order to portray a more intelligent leadership.
Sdr Joe Black,
Big Dog’s intergrity is far superior.
These PERKASA people are only waiting for crumbs and handouts. It shows. The chineses knew this, but they have to pretend to be offended. I must say I too got caught in the charade.
I sicerely believe in 1 Melayu and Bumiputra while we have the numbers. The migrants can survive any where any place.
mohamed
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I found theses two interesting articles in the internet:
1) LEGITIMACY OF THE MALAYS AS THE SONS OF THE SOIL
2) ASAL-USUL ORANG MELAYU: MENULIS SEMULA SEJARAHNYA (THE MALAY ORIGIN: REWRITE ITS HISTORY)
Why not you put them on your website so that others could read?