Could Malay translation of Federal Constitution lose original meaning?

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The Original Meaning of the Federal Constitution's English Text Could Be Lost in Translation to Malay

The original meaning of words within the Federal Constitution's English text risks being lost in its Malay translation, potentially leading to unintended amendments of constitutional rights without parliamentary approval. This concern is particularly acute for the rights of Sabah and Sarawak, which are safeguarded by specific provisions within the Constitution. The English version has historically served as the authoritative text, forming the basis for judicial interpretation and rulings.
Potential for Unintended Amendments to Constitutional Rights

A significant concern is that discrepancies between the English and Malay versions of the Federal Constitution could effectively alter constitutional rights. If the Malay translation were to become the authoritative text, changes in meaning from the original English could lead to amendments to these rights without the necessary parliamentary process, which typically requires a two-thirds majority. This bypass of established legislative procedures is a core apprehension.
Impact on Safeguards for Sabah and Sarawak

The rights specifically guaranteed to Sabah and Sarawak within the Federal Constitution are also at risk. Article 161E of the Constitution mandates that consent from both states is required for amendments to certain provisions that affect them. If a Malay translation with altered meanings becomes authoritative, it could inadvertently impact these constitutionally protected rights without fulfilling the procedural requirements of obtaining the consent of Sabah and Sarawak, or the requisite parliamentary support.
Judicial Interpretation Based on the English Text

For years, the English version of the Federal Constitution has been the authoritative text, and Malaysian courts have consistently interpreted and made rulings based on its wording. This established practice underscores the importance of the original English text. The proposal to shift to a Malay translation as the authoritative version raises questions about how past judicial interpretations would be reconciled and whether the nuances captured by the English text would be preserved.
Specific Examples of Potential Meaning Shifts

Illustrative of the potential for meaning to be lost in translation is Article 12(4) of the Federal Constitution. In the English text, the word "parent" can be interpreted in both singular and plural forms. However, the Malay translation, "ibu atau bapanya," translates to "mother or father," suggesting a singular interpretation. Such shifts in meaning, if the Malay text were to prevail, could significantly alter the application and understanding of constitutional provisions.

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Could Malay translation of Federal Constitution lose original meaning?

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