Bumiputera: A Term That Does Not Exist in the Constitution, Yet Is Rooted in Articles 153, 160 and 161A

Search for the word “Bumiputera” in the text of the Federal Constitution, and you will not find it. The term so often heard in everyday conversation, official forms and government policy is, in fact, not used in the nation’s supreme legal document.

This is not a contradiction. It reveals something important about how this term functions: “Bumiputera” is an administrative term that encompasses several groups, while the Constitution addresses those groups by their own names and definitions. This article explains two things descriptively — what Bumiputera means, and the constitutional provisions that underlie it.

What Bumiputera means

In general terms, Bumiputera is the term for Malays and Malaysia’s indigenous peoples. The word itself is formed from two Sanskrit-Malay words: bumi (earth/land) and putera (son or prince), together carrying the meaning “son of the soil” or “prince of the earth.”

In terms of content, the term generally encompasses three groups that are addressed separately in law:

• Malays — defined in Article 160 of the Constitution;
• natives of Sabah and Sarawak — defined in Article 161A of the Constitution; and
• Peninsular Orang Asli — defined in the Aboriginal Peoples Act 1954 (Act 134).

Because “Bumiputera” is an umbrella term and not a single legal definition, the precise operative definition can vary depending on the instrument using it — a particular procurement circular, sectoral guideline or administrative form may set its own test by cross-referring to the Constitution.

Article 153: special position and legitimate interests

The most frequently cited constitutional pillar is Article 153, titled the reservation of quotas in respect of services, permits and the like for Malays and natives of Sabah and Sarawak.

Article 153 places responsibility on the Yang di-Pertuan Agong to safeguard two things simultaneously:

• the special position of the Malays and the natives of any of the States of Sabah and Sarawak; and
• the legitimate interests of other communities.

That safeguarding is carried out through the reservation of such proportion as may be deemed reasonable in several specific areas named in the Article: positions in the federal public service, scholarships and educational or training facilities granted by the Federal Government, and permits or licences for the operation of any trade or business where such permit or licence is required by federal law.

Two features of the text deserve descriptive note. First, Article 153 does not set out any percentage — it is an enabling provision that refers to “such proportion as may be reasonable,” and the actual figure (where one exists) comes from other instruments. Second, it is framed together with the phrase “legitimate interests of other communities,” making it a provision that addresses both groups within the same sentence. How this provision translates into specific policy is a matter outside the scope of this glossary article; here we report only what is set out in the text.

Article 160: who is “Malay”

Article 153 safeguards “the Malays,” but who is legally counted as Malay? The answer lies in Article 160(2), the interpretation article of the Constitution.

Article 160(2) defines “Malay” as a person who:

• professes the religion of Islam;
• habitually speaks the Malay language; and
• conforms to Malay custom,

and who meets one of the conditions relating to birth or domicile — namely, born before Merdeka Day in the Federation or in Singapore (or is a descendant of a person so born), or domiciled in the Federation or in Singapore on Merdeka Day.

This definition combines elements of religion, language and custom with a condition relating to birth history. It is part of a wider network of definitions within the Federal Constitution, and is closely tied to the position of Bahasa Melayu as the national language.

Article 161A: natives of Sabah and Sarawak

When Sabah, Sarawak and Singapore joined the Federation in 1963, the Constitution was amended to include protections for the indigenous peoples of Borneo. The principal provision is Article 161A.

Article 161A(6) defines the term “native” for both states:

• For Sarawak, a “native” is a citizen who belongs to one of the races specified as indigenous races of that State, or is of mixed blood deriving exclusively from those races.
• For Sabah, a “native” is a citizen who is the child or grandchild of a person of a race indigenous to Sabah, and was born in Sabah or whose father was domiciled in Sabah at the time of birth.

Article 161A(7) then lists the indigenous races of Sarawak for the purposes of that definition. Among the races listed in that Clause are the Bukitan, Bisayah, Dusun, Dayak (Sea and Land), Kadayan, Kalabit, Kayan, Kenyah, Kajang, Lugat, Lisum, Malay, Melano, Murut, Penan, Sian, Tagal, Tabun and Ukit.

One structural difference deserves note: the list of Sarawak’s indigenous races is set out within the Constitution itself (Clause (7)), whereas for Sabah, the definition of “native” in Clause (6) operates by reference to races indigenous to Sabah without a list being included within that same Article.

Orang Asli: covered, but defined separately

The third group generally counted as Bumiputera is the Peninsular Orang Asli. Yet their legal status does not derive from Article 160 or 161A.

Instead, the status of Orang Asli is defined in Section 3 of the Aboriginal Peoples Act 1954 (Act 134), which links descent, language and way of life, and provides that the question of whether a person is Orang Asli is to be decided by the Minister. Further protection is referred to in Article 8(5)(c) of the Constitution, which permits provision for the protection, well-being and advancement of the Orang Asli. Details of their groups and sub-ethnicities are set out in the Orang Asli article.

This is why “Bumiputera” is best understood as an umbrella term: it groups together three communities, each with its own distinct legal basis.

Summary of the constitutional basis

Group	Defined in	Related provision
Malays	Article 160(2)	Article 153 (special position)
Natives of Sarawak	Article 161A(6) and (7)	Article 153, 161A
Natives of Sabah	Article 161A(6)	Article 153, 161A
Peninsular Orang Asli	Section 3, Aboriginal Peoples Act 1954	Article 8(5)(c)
The term “Bumiputera”	(not defined in the text of the Constitution)	—

Common misconceptions

“Bumiputera is a constitutional term.” The word itself does not appear in the text of the Federal Constitution. The Constitution refers to “Malays” and “natives” of Sabah and Sarawak; “Bumiputera” is an administrative term that encompasses these groups.

“Malay and Bumiputera mean the same thing.” Malays are one component within the Bumiputera category. Bumiputera also encompasses natives of Sabah and Sarawak as well as Orang Asli, who are not Malay.

“All Orang Asli are defined under Article 160 or 161A.” Peninsular Orang Asli are defined separately under the Aboriginal Peoples Act 1954, not under either of those two Articles.

“Article 153 sets a fixed percentage.” Article 153 refers to “such proportion as may be reasonable” and does not set a figure; any specific percentage comes from separate policy or procurement instruments.

What’s next

For the broader legal framework that contains Articles 153, 160 and 161A, see the Federal Constitution. For the Peninsula’s indigenous peoples, defined separately, see Orang Asli. For an overview of ethnic groups within the national population total, see Malaysia’s population composition. And for a descriptive map of where Bumiputera participation requirements appear in business regulations, see Bumiputera equity requirements.

---

This article is classified as sensitive content (3R+1: race and constitutional matters) under NegaraKu.md editorial policy because its subject touches on ethnic classification and special position under the Constitution. It is written to remain descriptive — reporting what the constitutional text provides, without evaluating or interpreting policy — and is held as a provisional draft pending human review.