How does Article 153 of the Federal Constitution relate to UiTM admissions?

Question

Accepted Answer

Article 153 of the Federal Constitution and UiTM Admissions

Article 153 of the Federal Constitution is the foundational legal basis for the special rights and privileges afforded to the Malays and Bumiputeras in Malaysia, which consequently influences the admission policies of institutions like Universiti Teknologi Mara (UiTM). The UiTM GPMS Alumni Association specifically cited this article when lodging a police report against the Hindu Rights Action Force (Hindraf) for its demands to open UiTM admissions to all races. This stance highlights a prevailing interpretation that UiTM's established admission practices are intrinsically linked to the constitutional provisions safeguarding the position of Malays and Bumiputeras.
Constitutional Safeguard for Malays and Bumiputeras

Article 153 of the Federal Constitution mandates the Yang di-Pertuan Agong to safeguard the special position of the Malays and the natives of any other federal territory. It also outlines the responsibility of the government to ensure, in accordance with the provisions of this Article, "such reservations as may be deemed necessary in respect of services, permits, and other matters for the Malays and natives of any other federal territory." This broad mandate has historically been interpreted to justify affirmative action policies in various sectors, including education, to address socio-economic disparities and ensure representation for these communities.
UiTM's Admission Policy and Article 153

Universiti Teknologi Mara (UiTM), formerly known as Institut Teknologi Mara (ITM), was established with the specific objective of providing higher education opportunities to Bumiputeras, particularly Malays, to uplift their socio-economic status. The UiTM GPMS Alumni Association's objection to opening admissions to all races is rooted in the belief that UiTM's core mission aligns directly with the spirit and letter of Article 153. They view any attempt to alter this policy as a direct challenge to the constitutional guarantee of special rights for Malays and Bumiputeras, which they argue is essential for maintaining the institution's purpose.
Hindraf's Proposals and the Alumni Association's Reaction

The controversy arose when Hindraf submitted a memorandum to the Institutional Reforms Committee, proposing, among other things, a mandatory 15 per cent intake into public universities, polytechnics, and UiTM for the bottom 75 per cent income bracket of the Indian community. The UiTM GPMS Alumni Association perceived these demands as an attempt to undermine the constitutional framework, specifically Article 153, and potentially incite racial sentiments. Their police report and subsequent peaceful protest, supported by several other NGOs, underscore their commitment to preserving UiTM's role in upholding the special position of Malays and Bumiputeras as enshrined in the Federal Constitution.

Reading history

Hide →

This history is cleared when the page is closed.

How does Article 153 of the Federal Constitution relate to UiTM admissions?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends