The British plan was for Malaysia to belong to the Malays
What many do not wish to admit is that the British always intended for Malaya to be owned by the Malays and for the immigrants, who would be given citizenship, to be “second-class” citizens of Malaya. What is written in the Federal Constitution of Malaya is proof of this.
NO HOLDS BARRED
Raja Petra Kamarudin
For more than 20 years (since the days of the 1998-1999 Reformasi Movement) I have been hearing about the THREE branches of government that Tun Dr Mahathir Mohamad was alleged to have usurped. Today this matter is being raised again against the backdrop of Muhyiddin Yassin’s appointment as PM8 by Seri Paduka Baginda Yang di-Pertuan Agong on 1st March 2020.
Maybe Malaysia’s Westminster System of Parliament has been modelled after UK’s Westminster System of Parliament, however, there is a slight difference. The UK has three branches of government while Malaysia has four. This is because alongside the Executive, Legislature and Judiciary, Malaysia also has the Monarchy.
Prior to the English Civil War of 1642-1651, the Monarchy was above Parliament. But after they executed Charles I in 1649 and turned England into a Republic, the British Parliament became supreme. In 1660, the Monarchy was restored when Charles II ascended the throne, but he never regained the power of the crown and parliament continued to reign supreme.
The Conference of Rulers protects the Federal Constitution while the Federal Constitution protects the Malays
When the British drew up the Malayan Constitution prior to Merdeka in 1957, they made sure they inserted certain “safeguards”. (Britain itself did not have any written constitution like the one they gave Malaya).
The agreement for Merdeka was that the immigrants would be granted citizenship (not automatically, but they had to apply for citizenship) but Malaya would continue to be “owned” by the Malays. And this is the reason for the written constitution.
In short, the Federal Constitution of Malaya (now Malaysia) was an instrument to protect the Malays. That was the intention of the British.
But what happens if the Malays lose their majority in Parliament? (And this did happen in May 2018).
Well, that is what the Agong and his Conference of Rulers are for: to protect the Malays, Islam and the National Language (plus to protect the Institution of the Monarchy itself).
So, the Federal Constitution of Malaya protects the Malays and the Agong and his Conference of Rulers protects the Federal Constitution of Malaya. That was what the British intended and that was why they came out with the (written) Federal Constitution of Malaya.
The British had always intended for the Malays to own Malaya and this is what the Federal Constitution of Malaya is all about
Hence, while the Federal Constitution of Malaya (now Malaysia) is supreme, the Agong is more supreme (and the Conference of Rulers is even more supreme than the Agong). And this is spelled out in Articles 4, 32, 38 and 40 of the Federal Constitution of Malaya (now Malaysia). SEE BELOW.
What many do not wish to admit is that the British always intended for Malaya to be owned by the Malays and for the immigrants, who would be given citizenship, to be “second-class” citizens of Malaya. What is written in the Federal Constitution of Malaya is proof of this.
The British never intended for the non-Malays to be equal to the Malays or for the other religions to be equal to Islam. And to make sure the Federal Constitution of Malaya is protected, the British gave the Agong and the Conference of Rulers certain powers that even the Federal Constitution of Malaya (now Malaysia) cannot touch.
Oh, any by the way, this is also what the late Emeritus Professor Tan Sri Dr Khoo Kay Kim said.
The late Emeritus Professor Tan Sri Dr Khoo Kay Kim
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Article number: 4
● (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
Article number: 32
● (1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court.
Article number: 38
● (4) No law directly affecting the privileges, position, honours or dignities of the Rulers shall be passed without the consent of the Conference of Rulers.
● (5) The Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made.
Article number: 40a
● (2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say –
❍ (a) the appointment of a Prime Minister;
