Origins
The Constitution was drafted on the basis of a report from the Reid Commission. The commission, which had been formed to lay the groundwork for a Constitution in the run-up to Malaysia's pending independence, released the report in 1957 as the Report of the Federation of Malaya Constitutional Commission 1957 or The Reid Commission Report. In the report, the Reid Commission stated that "provision should be made in the Constitution for the 'safeguarding of the special position of the Malays and the legitimate interests of the other Communities'." However, the Commission "found it difficult to reconcile the terms of reference if the protection of the special position of the Malays signified the granting of special privileges, permanently, to one community only and not to the others."
The Reid Commission reported that Tunku Abdul Rahman and the Malay Rulers had asked that "in an independent Malaya all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed." At that time, Tunku Abdul Rahman was the leader of the United Malays National Organisation (UMNO), which led the Alliance coalition. Eventually the Alliance would become the Barisan Nasional and Tunku Abdul Rahman later became the first Prime Minister of Malaysia. When succeeding to the UMNO Presidency, Tunku had expressed doubts about the loyalty of the non-Malays to Malaya, and as a result, insisted that this be settled before they be granted citizenship. However, he also stated that "For those who love and feel they owe undivided loyalty to this country, we will welcome them as Malayans. They must truly be Malayans, and they will have the same rights and privileges as the Malays."
The Commission found the existing privileges accorded to the Malays included the allocation of extensive Malay land reservations. In addition, the Commission discovered quotas for admission to the public services with a general rule that "not more than one-quarter of new entrants should be non-Malays." Operation quotas existed in regard to the issuing of permits or licences for the operation of certain businesses "chiefly concerned with road haulage and passenger vehicles for hire." In addition, there existed "scholarships, bursaries and other forms of aid for educational purpose" where preference was given to Malays.
Although the Commission reported it did not find opposition to the continuance of the existing privileges for a certain length of time, it stated that "there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period." The Commission recommended that the existing privileges should be continued as the "Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn." However, "in due course the present preferences should be reduced and should ultimately cease." The Commission suggested that these provisions be revisited in 15 years, and that a report should be presented to the appropriate legislature (currently the Parliament of Malaysia) and that the "legislature should then determine either to retain or to reduce any quota or to discontinue it entirely."
Originally there was no reference made to other indigenous peoples of Malaysia (then Malaya) such as the Orang Asli, but with the union of Malaya with Singapore, Sabah and Sarawak in 1963, the Constitution was amended so as to provide similar privileges for the indigenous peoples of East Malaysia (Sabah and Sarawak), grouping them with the Malays as Bumiputra.
The scope of Article 153 is limited by Article 136, which requires that civil servants be treated impartially regardless of race.
Read more about this topic: Article 153 Of The Constitution Of Malaysia
Famous quotes containing the word origins:
“The settlement of America had its origins in the unsettlement of Europe. America came into existence when the European was already so distant from the ancient ideas and ways of his birthplace that the whole span of the Atlantic did not widen the gulf.”
—Lewis Mumford (1895–1990)
“The origins of clothing are not practical. They are mystical and erotic. The primitive man in the wolf-pelt was not keeping dry; he was saying: “Look what I killed. Aren’t I the best?””
—Katharine Hamnett (b. 1948)
“Grown onto every inch of plate, except
Where the hinges let it move, were living things,
Barnacles, mussels, water weeds—and one
Blue bit of polished glass, glued there by time:
The origins of art.”
—Howard Moss (b. 1922)