How does Article 10(1)(c) of the Federal Constitution apply to student groups?

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Article 10(1)(c) of the Federal Constitution Guarantees the Right to Exist for Student Groups

Article 10(1)(c) of the Federal Constitution affirms the right of every citizen to form associations. This constitutional provision applies to student groups, granting them the right to exist as long as they adhere to the fundamental principle of peaceful association, irrespective of whether their activities occur within or outside university premises. The government is not intended to act as an arbiter in determining who is eligible for constitutionally protected rights.
The Constitutional Basis for Peaceful Association

Article 10(1)(c) of the Federal Constitution explicitly states that every citizen has the right to form associations. This right is a cornerstone of a democratic society, allowing individuals to collectively pursue shared interests and express their views. The qualifier "peaceful" is crucial, implying that the association's activities must not incite violence, public disorder, or pose a threat to national security. In the context of student groups, this means their operations, whether on campus or off, must be conducted in a manner that respects the law and maintains public order.
Application to University Student Organisations

The application of Article 10(1)(c) to student groups within universities is a subject of ongoing discussion, particularly when these groups engage in activities that may challenge university administration or policies. For instance, a dispute arose concerning a student group, Liga Mahasiswa Universiti Malaya (LMUM), and its use of the Universiti Malaya (UM) logo. UM asserted ownership of the logo, while LMUM argued for its right to exist and participate in university governance, positing that "no university without students." The Ministry of Higher Education (MOHE) intervened, suggesting consultation between UM and LMUM. The core of the disagreement often revolves around the conditions for recognition and the extent to which student organisations can operate autonomously while using university symbols or resources.
Limits on Government as an Arbiter

The principle that "the government is not a referee to determine who deserves to avail Constitutional guarantees" underscores the idea that the state should not arbitrarily deny citizens their fundamental rights. While universities, as institutions, may have their own regulations regarding student organisations, these rules must operate within the broader constitutional framework. The government's role is generally to uphold these constitutional rights, not to selectively grant or withhold them based on administrative convenience or institutional preference. Any limitations placed on student associations must be demonstrably necessary and proportionate, typically in relation to public order, national security, or the legitimate administrative functions of the educational institution, rather than subjective judgments about the group's alignment with prevailing policies.

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How does Article 10(1)(c) of the Federal Constitution apply to student groups?

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