Article 10 of the Constitution of Malaysia
Encyclopedia
Article 10 of the Constitution of Malaysia
guarantees Malaysian citizens
the right to freedom of speech
, freedom of assembly
and freedom of association
. Unlike comparable provisions in constitutional law
such as the First Amendment
to the United States Constitution
, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those freedoms.
— which later merged with Singapore
, Sabah
and Sarawak
to form Malaysia — was drafted by the Reid Commission
, a body of eminent jurists from the Commonwealth of Nations
. In its report, the Commission recommended that the Constitution protect "certain fundamental individual rights which are as essential conditions for a free and democratic
way of life". Although the commissioners avoided recommending that these rights be entrenched
— finding that they were "...all firmly established in Malaya"Yatim, Rais
(1995). Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy, p. 77. Endowment Publications. ISBN 983-99984-0-4. — they nevertheless felt that in light of "vague apprehensions about the future", it would be well to provide some constitutional safeguards for these rights. The "vague apprehensions" were mainly those of the non-Malays, who feared that an independent Malaya would be dominated politically by the Malays
(see ketuanan Melayu
). The Reid Commission thus recommended that the rights "...should be guaranteed in the Constitution and the courts
should have the power of enforcing these rights".
The draft Constitution prepared by the Commission included an Article 10 largely similar to the one eventually included in the final Constitution. However, the draft first clause differed in one important respect:
The other clauses covering freedom of assembly and association also similarly referred to a "reasonable restriction". Justice Abdul Hamid of Pakistan
, a member of the Commission, wrote a strong dissenting view that was included in the final report of the Commission. His dissent criticised, among others, the draft versions of Article 4 and Article 10. Hamid objected to the inclusion of the word "reasonable", stating:
concerning the reasonableness of laws which infringed on the rights granted by Article 10. One legal commentator has stated:
Lord William Reid, who chaired the Commission, said that:
During the debate over the draft Constitution in the Federal Legislative Council
, K.L. Devaser, an Alliance
government backbencher
, criticised the changes, arguing:
Over his objections, the Legislative Council approved the modified draft. This version of the Constitution, which contained an Article 10 much more similar to the present day version, also included a new Article 4(2) which provides that "The validity of any law shall not be questioned on the ground that...it imposes such restrictions as are mentioned in Article 10(2)". In light of these changes, a Malaysian lawyer has argued that "It is clear ... that freedoms of ... speech, assembly and association (Article 10) were intended to be restricted Ab initio
."
, which makes it a crime to disseminate information classified as an official secret. The Sedition Act
1948 makes it an offence to engage in acts with a "seditious
tendency", including but not limited to the spoken word and publications; conviction may result in a sentence of a fine up to RM
5,000, three years in jail, or both. The Public Order (Preservation) Ordinance 1958 allows the Police
to declare certain areas "restricted", and to regulate processions or meetings of five persons or more. The maximum sentence
for the violation of a restricted area order is imprisonment of 10 years and whipping.
Other laws curtailing the freedoms of Article 10 are the Police Act 1967
, which criminalises the gathering of three or more people in a public place without a licence, and the Printing Presses and Publications Act
1984, which grants the Home Affairs Minister "absolute discretion" in the granting and revoking of publishing permits, and also makes it a criminal offense to possess a printing press
without a licence.
The Sedition Act in particular has been widely commented upon by jurists for the bounds it places on freedom of speech. Justice Raja Azlan Shah (later the Yang di-Pertuan Agong
) once said:
In 2009, the government announced it was considering amendment of several laws which impinge upon freedom of speech, including the controversial Internal Security Act
(ISA), which has been used to detain numerous politicians and activists without trial. Home Minister Hishammuddin Hussein
, accompanied by Inspector-General of Police Musa Hassan
, Attorney General Abdul Gani Patail
, Information, Communication, and Culture Minister Rais Yatim
, and Minister in the Prime Minister's Department Nazri Aziz, told the press that the ISA, Police Act
, Multimedia and Communications Act, the Restrictive Residence Ordinance, and the Emergency Ordinance would be reviewed with an eye to relaxing restrictions on freedom of speech. Rais also said that the Police Act
would include provisions allowing peaceful assembly in certain designated places such as stadiums, without the need to obtain a permit from the police. The government plans to table amendments to these laws during the October sitting of Parliament, and pass them by December.
, double jeopardy
, etc., are not subjected to the same exclusions as set out in Article 10(2), (3) and (4). Instead, they are rights which are guaranteed without any qualification. The rights of Article 10 are subject to the exclusions of the aforementioned clauses. Under Articles 149 and 150, during a state of emergency
, the executive is granted the power to legislate, even if the resulting laws contravene the Constitution; however, this power does not extend to any matter pertaining to Islamic law
, Malay customs, the customs of the indigenous peoples of Sabah
and Sarawak
, religion
in general, citizenship, and language. In light of this, one scholar (Shad Saleem Faruqi
) has gone as far as to argue that:
It has been remarked that although the "fundamental" rights of Article 10 were not entrenched, other portions of the Constitution — namely those related to the Malaysian social contract such as those provisions concerning the national language of Malay
, the national religion of Islam
, the position of the Malay rulers, the special position of the Malay majority
, and citizenship — were entrenched. These provisions may only be amended with the consent of the Conference of Rulers
— a body comprising the Malay rulers and the Governors of those states without a monarch. In criticising the Reid Commission's finding that the freedoms of Article 10 were "all firmly established in Malaya" prior to independence, it has been suggested that:
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
guarantees Malaysian citizens
Malaysian citizenship
Malaysian nationality law is the law of Malaysia that deals with citizenship and other forms of nationality. Nationality law is mentioned in the Constitution of Malaysia....
the right to freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
and freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
. Unlike comparable provisions in constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
such as the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those freedoms.
Text
- Subject to Clauses (2), (3) and (4) —
- (a) every citizen has the right to freedom of speech and expression;
- (b) all citizens have the right to assemble peaceably and without arms;
- (c) all citizens have the right to form associations.
- ParliamentParliament of MalaysiaThe Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
may by law impose —- (a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relationsForeign relations of MalaysiaThis article concerns the Foreign relations of Malaysia.Malaysia is an active member of various international organisations, including the Commonwealth of Nations, the United Nations, the Organisation of Islamic Cooperation, and the Non-Aligned Movement...
with other countries, public orderSocial orderSocial order is a concept used in sociology, history and other social sciences. It refers to a set of linked social structures, social institutions and social practices which conserve, maintain and enforce "normal" ways of relating and behaving....
or moralityPublic moralityPublic morality refers to moral and ethical standards enforced in a society, by law or police work or social pressure, and applied to public life, to the content of the media, and to conduct in public places...
and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence; - (b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;
- (c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.
- (a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations
- Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labourEconomy of MalaysiaThe Economy of Malaysia is a growing and relatively open state-oriented and newly industrialised market economy. The state plays a significant but declining role in guiding economic activity through macroeconomic plans...
or educationEducation in MalaysiaEducation in Malaysia is overseen by two government ministries. The Ministry of Education handles matters pertaining to pre-school, primary school, secondary school and post-secondary school. Matters regarding tertiary education are dealt with by the Ministry of Higher Education...
. - In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, Article 153Article 153 of the Constitution of MalaysiaArticle 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for “safeguard[ing] the special position of the ‘Malays’ and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities” and goes on to specify ways to do this, such...
or Article 181 otherwise than in relation to the implementation thereof as may be specified in such law.
Drafting
The Constitution of the independent Federation of MalayaFederation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
— which later merged with Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
to form Malaysia — was drafted by the Reid Commission
Reid Commission
The Reid Commission was an independent commission responsible for drafting the Constitution of the Federation of Malaya prior to Malayan independence from Britain on 31 August 1957.-History:...
, a body of eminent jurists from the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
. In its report, the Commission recommended that the Constitution protect "certain fundamental individual rights which are as essential conditions for a free and democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
way of life". Although the commissioners avoided recommending that these rights be entrenched
Entrenchment clause
An entrenched clause or entrenchment clause of a constitution is a provision which makes certain amendments either more difficult than others or impossible...
— finding that they were "...all firmly established in Malaya"Yatim, Rais
Rais Yatim
Dato' Seri Utama Dr. Rais Yatim is the current Malaysian Information, Communications, and Culture Minister. His ministry is considered a new ministry formed from the merger of three separate ministries in Prime Minister Datuk Seri Najib Tun Razak's smaller cabinet...
(1995). Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy, p. 77. Endowment Publications. ISBN 983-99984-0-4. — they nevertheless felt that in light of "vague apprehensions about the future", it would be well to provide some constitutional safeguards for these rights. The "vague apprehensions" were mainly those of the non-Malays, who feared that an independent Malaya would be dominated politically by the Malays
Malay people
Malays are an ethnic group of Austronesian people predominantly inhabiting the Malay Peninsula, including the southernmost parts of Thailand, the east coast of Sumatra, the coast of Borneo, and the smaller islands which lie between these locations...
(see ketuanan Melayu
Ketuanan Melayu
Ketuanan Melayu is a political concept emphasizing Malay preeminence in present day Malaysia. The Malays of peninsular Malaysia claimed a special position and special rights owing to their long domicile and the role of the Malay rulers of the nine Malay states...
). The Reid Commission thus recommended that the rights "...should be guaranteed in the Constitution and the courts
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
should have the power of enforcing these rights".
The draft Constitution prepared by the Commission included an Article 10 largely similar to the one eventually included in the final Constitution. However, the draft first clause differed in one important respect:
The other clauses covering freedom of assembly and association also similarly referred to a "reasonable restriction". Justice Abdul Hamid of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, a member of the Commission, wrote a strong dissenting view that was included in the final report of the Commission. His dissent criticised, among others, the draft versions of Article 4 and Article 10. Hamid objected to the inclusion of the word "reasonable", stating:
Final version
The Working Committee established by the autonomous Federation's government adopted nearly all of Hamid's recommendations in his dissent, thereby eliminating the possibility of judicial reviewJudicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
concerning the reasonableness of laws which infringed on the rights granted by Article 10. One legal commentator has stated:
Lord William Reid, who chaired the Commission, said that:
During the debate over the draft Constitution in the Federal Legislative Council
Federal Legislative Council
The Federal Legislative Council was the legislative body of the Federation of Malaya and the predecessor of the Malaysian Parliament. It was formed in 1948 after the abolition of the Malayan Union and the formation of the Federation, as part of the United Kingdom's promise to grant self-rule to...
, K.L. Devaser, an Alliance
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
government backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
, criticised the changes, arguing:
Over his objections, the Legislative Council approved the modified draft. This version of the Constitution, which contained an Article 10 much more similar to the present day version, also included a new Article 4(2) which provides that "The validity of any law shall not be questioned on the ground that...it imposes such restrictions as are mentioned in Article 10(2)". In light of these changes, a Malaysian lawyer has argued that "It is clear ... that freedoms of ... speech, assembly and association (Article 10) were intended to be restricted Ab initio
Ab initio
ab initio is a Latin term used in English, meaning from the beginning.ab initio may also refer to:* Ab Initio , a leading ETL Tool Software Company in the field of Data Warehousing.* ab initio quantum chemistry methods...
."
Implementation
Several acts of law regulate the freedoms granted by Article 10, such as the Official Secrets ActOfficial Secrets Act (Malaysia)
The Official Secrets Act 1972 , also known as the OSA, is a statute in Malaysia prohibiting the dissemination of information classified as an official secret. The legislation is based on the Official Secrets Act of the United Kingdom...
, which makes it a crime to disseminate information classified as an official secret. The Sedition Act
Sedition Act (Malaysia)
The Sedition Act in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948...
1948 makes it an offence to engage in acts with a "seditious
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
tendency", including but not limited to the spoken word and publications; conviction may result in a sentence of a fine up to RM
Ringgit
Ringgit mostly refers to the Malaysian ringgit, which is the local currency in Malaysia, but it can also refer to the Brunei dollar or Singapore dollar in the Malay language. The word ringgit was originally used to refer to the serrated edges of Spanish silver dollars widely circulated in the area...
5,000, three years in jail, or both. The Public Order (Preservation) Ordinance 1958 allows the Police
Royal Malaysian Police
The Royal Malaysia Police is a part of the security forces structure in Malaysia. The force is a centralised organization with responsibilities ranging from traffic control to intelligence gathering. Its headquarters is located at Bukit Aman, Kuala Lumpur. The police force is led by an...
to declare certain areas "restricted", and to regulate processions or meetings of five persons or more. The maximum sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
for the violation of a restricted area order is imprisonment of 10 years and whipping.
Other laws curtailing the freedoms of Article 10 are the Police Act 1967
Police (Malaysia) Act 1967
The Police Act 1967 of Malaysia is the Act of Parliament governing which governs the constitution, control, employment, recruitment, funds, discipline, duties, and powers of the Royal Police of Malaysia including Royal Malaysia Police Reserve and the Royal Malaysia Police cadet Corps. It was...
, which criminalises the gathering of three or more people in a public place without a licence, and the Printing Presses and Publications Act
Printing Presses and Publications Act
The Printing Presses and Publications Act 1984 is a Malaysian statute governing publishing and the usage of printing presses in Malaysia. It replaced the Printing Presses Act 1948 and the Control of Imported Publications Act 1958...
1984, which grants the Home Affairs Minister "absolute discretion" in the granting and revoking of publishing permits, and also makes it a criminal offense to possess a printing press
Printing press
A printing press is a device for applying pressure to an inked surface resting upon a print medium , thereby transferring the ink...
without a licence.
The Sedition Act in particular has been widely commented upon by jurists for the bounds it places on freedom of speech. Justice Raja Azlan Shah (later the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
) once said:
In 2009, the government announced it was considering amendment of several laws which impinge upon freedom of speech, including the controversial Internal Security Act
Internal Security Act
The term Internal Security Act is often given to a piece of legislation laying down regulations that enable the executive government of a jurisdiction to preserve the internal security of the nation...
(ISA), which has been used to detain numerous politicians and activists without trial. Home Minister Hishammuddin Hussein
Hishammuddin Hussein
Datuk Seri Panglima Hishammuddin bin Tun Hussein is a Malaysian politician and member of the United Malays National Organisation . He is the current Malaysian Minister of Home Affairs. He is the former Minister of Education, having served from 2004 to 2009. He has been mentioned as a likely...
, accompanied by Inspector-General of Police Musa Hassan
Musa Hassan
Tan Sri Musa Hassan is former Malaysia's Inspector-General of Police. He has served with the Royal Malaysian Police for 41 years.- Inspector-General of Police :...
, Attorney General Abdul Gani Patail
Abdul Gani Patail
Tan Sri Abdul Gani bin Patail is a Malaysian prosecutor. He is the current Attorney General of Malaysia.Abdul Gani was the lead prosecutor in former Deputy Prime Minister Anwar Ibrahim's sodomy trial of 1998.-Background:...
, Information, Communication, and Culture Minister Rais Yatim
Rais Yatim
Dato' Seri Utama Dr. Rais Yatim is the current Malaysian Information, Communications, and Culture Minister. His ministry is considered a new ministry formed from the merger of three separate ministries in Prime Minister Datuk Seri Najib Tun Razak's smaller cabinet...
, and Minister in the Prime Minister's Department Nazri Aziz, told the press that the ISA, Police Act
Police (Malaysia) Act 1967
The Police Act 1967 of Malaysia is the Act of Parliament governing which governs the constitution, control, employment, recruitment, funds, discipline, duties, and powers of the Royal Police of Malaysia including Royal Malaysia Police Reserve and the Royal Malaysia Police cadet Corps. It was...
, Multimedia and Communications Act, the Restrictive Residence Ordinance, and the Emergency Ordinance would be reviewed with an eye to relaxing restrictions on freedom of speech. Rais also said that the Police Act
Police (Malaysia) Act 1967
The Police Act 1967 of Malaysia is the Act of Parliament governing which governs the constitution, control, employment, recruitment, funds, discipline, duties, and powers of the Royal Police of Malaysia including Royal Malaysia Police Reserve and the Royal Malaysia Police cadet Corps. It was...
would include provisions allowing peaceful assembly in certain designated places such as stadiums, without the need to obtain a permit from the police. The government plans to table amendments to these laws during the October sitting of Parliament, and pass them by December.
Legal criticism
Legal scholars have suggested that compared to other fundamental liberties set out in Part II of the Constitution, the freedoms of speech, association and assembly are easily abridged by both the executive and legislative branches of the government. Most of these freedoms, such as freedom from slaverySlavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
, double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
, etc., are not subjected to the same exclusions as set out in Article 10(2), (3) and (4). Instead, they are rights which are guaranteed without any qualification. The rights of Article 10 are subject to the exclusions of the aforementioned clauses. Under Articles 149 and 150, during a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, the executive is granted the power to legislate, even if the resulting laws contravene the Constitution; however, this power does not extend to any matter pertaining to Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
, Malay customs, the customs of the indigenous peoples of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
, religion
Status of religious freedom in Malaysia
Freedom of religion is enshrined in the Malaysian Constitution. First, Article 11 provides that every person has the right to profess and to practice his or her religion and to propagate it...
in general, citizenship, and language. In light of this, one scholar (Shad Saleem Faruqi
Shad Saleem Faruqi
Emeritus Professor Datuk Dr. Shad Saleem Faruqi is a Malaysian Emeritus Professor of Law who has served Universiti Teknologi MARA in Shah Alam, Selangor in various capacities from 1971 onwards...
) has gone as far as to argue that:
It has been remarked that although the "fundamental" rights of Article 10 were not entrenched, other portions of the Constitution — namely those related to the Malaysian social contract such as those provisions concerning the national language of Malay
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...
, the national religion of Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
, the position of the Malay rulers, the special position of the Malay majority
Malay people
Malays are an ethnic group of Austronesian people predominantly inhabiting the Malay Peninsula, including the southernmost parts of Thailand, the east coast of Sumatra, the coast of Borneo, and the smaller islands which lie between these locations...
, and citizenship — were entrenched. These provisions may only be amended with the consent of the Conference of Rulers
Conference of Rulers
The Conference of Rulers in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states...
— a body comprising the Malay rulers and the Governors of those states without a monarch. In criticising the Reid Commission's finding that the freedoms of Article 10 were "all firmly established in Malaya" prior to independence, it has been suggested that: