Article 153 of the Malaysian Constitution

Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong (King of Malaysia) 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 as establishing quotas for entry into the civil service, public scholarships and public education.

Article 153 is one of the most controversial articles in the Malaysian constitution. Critics consider it to create an unnecessary and racialist distinction between Malaysians of different ethnic backgrounds, because it has led to the implementation of affirmative action policies which benefit only the Bumiputra, who comprise a majority of the population. Technically, discussing the repeal of Article 153 is illegal—even in Parliament, although it was drafted as a temporary provision to the Constitution. Despite this prohibition on discussion, the article is heatedly debated both privately and publicly among Malaysians, against the implementation of the article although ostensibly maintaining support for it. Nevertheless, the article is viewed as a sensitive matter by many, with politicians who are in favour or oppose it often being labelled as racist.

The article is primarily seen as a continuation of previous laws made by the British to protect the indigenous peoples from being overwhelmed by the immigration of Chinese and Indian workers into Malaya. In the years after independence in 1957, the Chinese and Indians were generally rich urban dwellers, whilst the Bumiputra were mostly poor farmers or manual labourers.

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