Article 152 and 153 of the Federal Constitution deal with the Malay language and the special privileges of Malays and Bumiputera. Article 152 establishes Malay as the official language of Malaysia and mandates its use in government affairs, but does not prohibit the use of other languages. Article 153 requires the Yang di-Pertuan Agong to safeguard the special rights of Malays and Bumiputera in public services, education, and business to promote equitable outcomes across all races in Malaysia. However, vernacular schools that prioritize other languages and debates around national identity have posed challenges to fully realizing the aims of both provisions.
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Article 152 and 153 of the Federal Constitution deal with the Malay language and the special privileges of Malays and Bumiputera. Article 152 establishes Malay as the official language of Malaysia and mandates its use in government affairs, but does not prohibit the use of other languages. Article 153 requires the Yang di-Pertuan Agong to safeguard the special rights of Malays and Bumiputera in public services, education, and business to promote equitable outcomes across all races in Malaysia. However, vernacular schools that prioritize other languages and debates around national identity have posed challenges to fully realizing the aims of both provisions.
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ARTICLE 152 AND 153 OF THE FEDERAL CONSTITUTION:
THE SCOPE, APPLICATION, AND CHALLENGES
INTRODUCTION THE SCOPE OF ARTICLE 152
The Malay language is the official Malay language and the language of Malaysia and does not Malays and Bumiputera preclude someone from learning or privileges are matters using any language other than protected by the Federal Malay. Constitution through Articles Federal and state governments 152 and 153 of the Federal shall use the Malay language Constitution. Both provisions except for things allowed by law are placed under Part XII such as the purpose of diplomatic (General and Miscellaneous) relations and training carried out of the Federal Constitution. by foreign experts.
THE SCOPE OF ARTICLE 153
This Article involves the special privileges of Malays and Bumiputera. This Article places an enormous task on the Yang di-Pertuan Agong (YDPA) to protect the special position of Malays and Bumiputera. The YDPA also must equally protect the legitimate interests of other communities.
THE APPLICATION OF ARTICLE 152
THE APPLICATION OF ARTICLE 153 Official Purpose Malay language to be the official language of the Federation Various policies and executive actions to balance the economy and Language in Courts lower social gaps between the All courts must be conducted in the national language Malays, Bumiputera, and other (Malay). races have been authorized by this However, in practice, the Federal Court and Court of Article. Appeal are heard in English or a combination of English The YDPA must ensure the and Malay. reservations for Malays and All subordinate courts are heard in Malay, with the discretion to conduct them in English if the parties Bumiputera are reasonably provided request it. as he thinks fit for public service, Language in Parliament and the Legislative scholarships, exhibitions, and other State Assembly similar educational or training The debate usually is conducted in the Malay language. privileges or special facilities. However, the use of the English language is allowed.
THE CHALLENGES OF ARTICLE 152
The existence of vernacular schools that prioritize specific mother tongue languages and ethnic preferences, along with the rise of English language usage in Malaysia, poses obstacles to the empowerment of the Malay language.
THE CHALLENGES OF ARTICLE 153
The confusion surrounding national identity in Malaysia has contributed to debates over the proposed ratification of ICERD which faces strong opposition due to concerns about its potential impact on the special privileges and programs aimed at empowering Malays and Bumiputera.
Mohd Alif Anas Bin MD Noor (In His Capacity As President, and On Behalf of Gabungan Pelajar Melayu Semenanjung (GPMS) ) & Ors V Menteri Pendidikan Malaysia and Another Suit