Question 1

Federation of Malaya Constitutional Proposals

Kuala Lumpur: Government Printer 1957
Fundamental Rights
53. It has been agreed that the Federal Constitution should define and guarantee
certain fundamental rights, and it is proposed to accept the principles recommended by the
Commission for inclusion in Part II of the Federal Constitution although there have been
some changes in drafting. The Article proposed by the Commission on the subject of the
enforcement of the rule of law was, however, found unsatisfactory and has been omitted on
the ground that it is impracticable to provide within the limits of the Constitution for all
possible contingencies. It is considered that sufficient remedies can best be provided by the
ordinary law.
54. The Commission's recommendations on the subject of the special position of the
Malays were included in two Articles, one dealing with the reservation of quotas in respect of
entry into certain categories of appointments in the public services, permits, etc., and the
other dealing with reservations of land for Malays. So far as the former is concerned, the
Article has been redrafted to provide that the Yang di-Pertuan Agong should have the
responsibility of safeguarding the special position of the Malays and the legitimate interests
of other communities, and hat in discharging this responsibility he should act on the advice of
the Cabinet. He will be required to exercise his functions under the Constitution and federal
law in such a manner as may be necessary to safeguard the special position of the Malays and
to ensure the reservation for Malays of such quotas as he may deem reasonable, and he will
be entitled to give general directions to the appropriate authorities for the purpose of ensuring
the reservation of these quotas. In the exercise of these functions, the Yang di-Pertuan Agong
will be required to safeguard also the legitimate interests of other communities. It is proposed
to include corresponding provisions, with the necessary modifications, in the Constitutions of
the Malays States.
55. The Commission recommended that their proposals for continuing the present
preferences should be reviewed after 15 years. This recommendation was given careful
consideration but it was not considered necessary to include such a provision in the
Constitution. It was considered preferable that, in the interest of the country as a whole as
well as of the Malays themselves, the Yang di-Pertuan Agong should cause a review of the
revised proposals to be made from time to time.
57. There has been included in the proposed Federal Constitution a declaration that
Islam is the religion of the Federation. This will in no way affect
 the present position of the Federation as a secular State, and every person will have
the right to profess and practice his own religion and the right to propagate his religion,
though this last right is subject to any restrictions imposed by State law relating to the
propagation of any religious doctrine or belief among persons professing the Muslim
religion.
59. At present there is no head of the Muslim religion in either Malacca or Penang,
though in Penang the Government obtains advice in matters relating to the Muslim religion
from a non-statutory Muslim Advisory Board. Since the Governors of these new States may
not be persons professing the Muslim religion it is proposed that the Yang di-Pertuan Agong
should be the head of the religion in each of these States and that the Constitution of each
should include provisions enabling the Legislature to regulate Muslim religious affairs and to
constitute a Council to advice the Yang di-Pertuan Agong in such affairs. These Councils
will be concerned solely with Muslim religious affairs and they will not be entitled to
interfere in any way with the affairs of people of other religious groups; and the position of
the Yang di-Pertuan Agong as head of the Muslim religion will not carry with it authority to
intervene in any matters which are the concern of the State Governments or to require the
State Governments to make financial provision exclusively for the benefit of the Muslim
community.
61. It is proposed to make three changes in the recommendations of the Commission on the
subject of the national language. First, it is proposed to provide that no person shall be
prohibited or prevented from using (otherwise than for official purposes) or from teaching or
learning any language. Secondly, it is proposed that the Federal and State Governments shall
have the right to preserve and sustain the use and study of the language of any community in
the Federation. Thirdly, it is proposed not to accept the recommendation of the Commission
that for a period of ten years there should be a limited right to speak in a Legislature in a
Chinese or Indian language.