AG moots BM version Federal Constitution to be authoritative text

Attorney-General Idrus Harun is proposing for the government to make the Bahasa Malaysia edition of the Federal Constitution as the authoritative version of the supreme law in Malaysia.

He said this during a speech at the Opening of the Legal Year 2023 at the Putrajaya International Convention Centre today.

“The Federal Constitution acts as our cornerstone in implementing the separation of powers (between the executive, the legislature, and the judiciary).

“Therefore, for the year 2023, pursuant to Article 160A of the Federal Constitution, the Attorney-General’s Chambers (AGC) plans to reprint the Federal Constitution to incorporate the latest historic constitutional amendments. 

“The AGC also plans to propose to the government that the prescription of the Federal Constitution in the national language be the authoritative text in line with Article 160B of the Federal Constitution. These two plans are subject to the approval of the Yang di-Pertuan Agong,” Idrus (above) said.

Article 160A states “the authority appointed under federal law for the purpose of revising laws may, with the consent of the Yang di-Pertuan Agong, authorise the printing of copies of this Constitution, including all amendments in force at the date of such authorisation; and any copy of this Constitution so printed shall be deemed for all purposes to be a true and correct copy of the Federal Constitution”.

Agong can decide

Article 160B reads “where this Constitution has been translated into the national language, the Yang di-Pertuan Agong may prescribe such national language text to be authoritative, and thereafter if there is any conflict or discrepancy between such national language text and the English language text of this Constitution, the national language text shall prevail over the English language text”.

The Malay Mail reported that early last year during a Court of Appeal hearing of Selangor Islamic Religious Council’s (Mais) appeal against a Hindu mother’s successful legal action to quash the Islamic unilateral conversion of her three children, the religious body raised the possibility of the Bahasa Malaysia version of the Federal Constitution being the authoritative one and helpful in its appeal. 

In the landmark 2018 Federal Court decision involving a unilateral conversion case between kindergarten teacher M Indira Gandhi and her Muslim-convert ex-husband, the apex court sided with her in agreeing that the English version of Article 12(4) of the Federal Constitution prevails over the Bahasa Malaysia edition, thus making it unlawful for her former husband to convert her three children to Islam without her consent as well.

The English version of Article 12(4) uses the term “parent or guardian”, while the Bahasa Malaysia translation of the provision reads as “ibu atau bapa” (mother or father).

During the speech today, Idrus said in the post-15th general election era, Malaysia needs a strong government more than ever to ensure improvement to the justice system.

"For instance, support is required in realising yet another uphill battle to abolish the mandatory death penalty.

"The amendment bills to amend relevant laws are due to be tabled once again in the coming parliamentary session following the dissolution of the 14th Parliament. Support is also needed in amending the Federal Constitution provisions relating to citizenship.

"It is hoped that our democracy remains intact and will reach greater heights with the formation of the new government and that the proposed amendments would come to fruition," Idrus added.

On Jan 5, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said announced a proposal to amend the Federal Constitution's rules on citizenship, which included citizenship for children born overseas with Malaysian mothers.

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