Article 153 of the Constitution of Malaysia

Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong (King of Malaysia) responsibility for "safeguard[ing] the special position of the 'Malays' and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities" and goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and public education. Article 153 is one of the most controversial articles in the Malaysian constitution. Critics consider Article 153 as creating an unnecessary and racialist distinction between Malaysians of different ethnic backgrounds, because it has led to the ethnocentric implementation of affirmative action policies which benefit only the Bumiputra, who comprise a majority of the population. Critics also consider the preferential treatment to be against both meritocracy and egalitarianism. Technically, discussing the repeal of Article 153 is illegal—even in Parliament, although it was originally drafted as a temporary provision to the Constitution. Despite this prohibition on discussion (in order to ostensibly manage race relations, thus appearing to defuse and avoid ethnic hatred, ethnic conflict and ethnic violence), the article is hotly debated, both privately and publicly among Malaysians, against the continued perpetual retention and implementation of the article although ostensibly maintaining support for the special race-based privileges. Nevertheless, the article is viewed as a sensitive matter by many, with politicians who are in favour or opposed to it often being labelled as racist and engaging in social exclusion. The article is primarily seen as a continuation of previous laws made by the British to protect the indigenous peoples from being overwhelmed by the immigration of Chinese and Indian workers into Malaya. In the years after independence in 1957, the Chinese in particular were generally congregated in urban areas (towns and cities resulting from trade and mining) and possessed relatively greater incomes and wealth, whilst the Bumiputra were mostly living in rural areas with meagre incomes and little wealth, as they commonly engaged in subsistence agriculture and artisanal fishing.