Does Article 15(1) explicitly mandate a Malay language test?

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Article 15(1) Does Not Explicitly Mandate a Malay Language Test

Article 15(1) of the Federal Constitution does not explicitly state that a Malay language test is a requirement for a non-Malaysian woman married to a Malaysian to obtain citizenship. The constitutional provision primarily outlines residency, intent to reside permanently, and good character as prerequisites. However, in practice, the Malaysian government does implement Malay language assessments for these applicants.
Constitutional Requirements for Article 15(1)

The Federal Constitution, under Article 15(1), specifies that a non-Malaysian woman married to a Malaysian citizen must have resided in Malaysia for at least two years immediately preceding the application. Additionally, she must demonstrate an intention to live permanently in Malaysia and possess good character. The text of the constitution does not detail any specific language proficiency requirements for this category of applicants.
Practical Implementation of Language Testing

Despite the absence of an explicit mandate in Article 15(1) regarding language proficiency, the Malaysian government has, in practice, instituted Malay language tests for citizenship applicants under this article. This practical requirement has been communicated through parliamentary responses. For instance, a written reply on October 24, 2019, listed six conditions for Article 15(1) applicants, which included demonstrating knowledge of the Malay language through an assessment known as "Ujian Pengetahuan Bahasa Melayu (UPBM)".
Discrepancy Between Law and Practice

The National Registration Department's (NRD) official website, mirroring the Federal Constitution, does not stipulate a Malay language requirement for foreign wives seeking citizenship under Article 15(1). Nevertheless, the on-the-ground experience, as confirmed by organisations like DHRRA Malaysia, indicates that these applicants are indeed required to undergo an oral test assessing their command of the Malay language. This practice suggests a divergence between the constitutional text and its administrative application.

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Does Article 15(1) explicitly mandate a Malay language test?

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