The prime minister delivered his policy speech at the 2016 Umno general assembly recently, and in it, towards the end he said: “What will then happen to our race? When all is destroyed... when Umno is no more, and has become useless. When the Malays no longer have a place to fall back on... they will fall flat... be despised... become destitutes... beggars... in their own land.”

First things first. The question posed seems to already have a suggested answer in it. Essentially, it suggests that if Umno is no longer around, Malays in Malaysia will no longer have a place to fall back on, they will fall flat, they will be despised, they will become destitutes and beggars.

Irresponsible to say the least, coming from the prime minister of this country.

Nothing of this sort will ever happen to the Malays should Umno disappear from Malaysian politics.

This is because Article 153 of the Federal Constitution will ensure that nothing like that ever happens, whether Umno is around or not.

Article 153 (1) states: “It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interest of other communities in accordance with the provisions of this Article.”

So you see, it is the Yang di-Pertuan Agong that safeguards the special position of the Malays, and the Federal Constitution empowers the Yang di-Pertuan Agong to do that.

It is not a political party that safeguards the special position of the Malays. This is because political parties come and go. However, the Federal Constitution is here to stay. Some political parties may be seen to champion the Malay rights, however, that is all they can do, champion Malay rights. Just like Umno, there can be other political parties that may champion the rights of Malays. However, they cannot give rights, the Federal Constitution does.

So, what the prime minister should have said is if Umno is no more, there would be attempts to repeal Article 153 of the Federal Constitution by other political parties if they were to come into power.

Honestly, ask yourselves, will that ever happen?

In essence, irrespective of whichever party that comes into power, the Malays will never find themselves as destitutes or beggars or being despised. Their special rights are enshrined in the Federal Constitution.

Allow me to give another more positive and hopeful alternative scenario on what may be the case when Umno is no longer around.

Since Umno is inextricably linked with MCA and MIC and other related component parties, it would be accurate to say; allow me to give another more positive and hopeful alternative scenario on what may be the case when Barisan Nasional is no more around.

Hypothetical alternative government

For discussion purposes, let us use a hypothetical alternative federal government, say, Pakatan Harapan.

The following is what I think would happen if BN were no longer around, I am hoping at least.

If BN were no more around and Harapan were in power, Harapan will provide for a more comprehensive mechanism with a definite time frame to see that the New Economic Policy (NEP) is given an opportunity to show its true potential governed by the right principles, and that this effort would now be headed by a Malay and a non-Malay.

This would be a vigorous mechanism to bring the Malays out of the ‘poorest’ bracket and to make sure that all Malays, and not just a handful, are on par with the rest of Malaysians.

If BN were no more around and Harapan were in power, Harapan will make necessary amendments to the Federal Constitution so that the Yang di-Pertuan Agong will have powers to send back bills which are not satisfactory for review to the House it originated from.

If BN were no longer around and Harapan were in power, Harapan will introduce a new ministry in charge of enhancing race relations, and making laws and regulations and policies pertaining to it.

If BN were no longer around and Harapan were in power, Harapan will remove the race column on all official forms.

If BN were no longer around and Harapan were in power, Harapan will provide for elections of local councils in all states in Malaysia.

If BN were no longer around and Harapan were in power, Harapan will hold a national referendum to decide whether or not to bring back the jury system, in an effort to include citizens in the justice system, and to cast away any possible perception of biasness in the court of first instance with a single judge.

If BN were no longer around and Harapan were in power, Harapan will establish an independent office of the Director of Public Prosecutions which will have control and direction of all criminal prosecutions and proceedings. To achieve this, they will repeal Article 145(3) of the Federal Constitution, followed by a repeal of Section 376(1) and necessary amendments to the Criminal Procedure Code to reflect the same.

If BN were no longer around and Harapan were in power, Harapan will repeal the National Security Council Act 2016 and the Sedition Act 1948.

If BN were no longer around and Harapan were in power, Harapan will make necessary changes to ensure the principle that ‘the number of electors within each constituency is approximately equal’ is present and apparent in the division of constituencies.

If BN were no longer around and Harapan were in power, Harapan will make necessary changes to ensure that approximate equal airtime/print reporting in the mainstream media is given to both the government of the day and to the opposition as well, to express their views and opinions. This would ensure that Malaysians would be treated as matured voters.

If BN were no longer around and Harapan were in power, Harapan will make all efforts to see towards the early release of Anwar Ibrahim.

As stated at the outset, this is just my positive and hopeful scenario on what will be the case if BN is no longer around.

PUTHAN PERUMAL is an advocate and solicitor of the High Court of Malaya.