Article 153: The Special Position of the Malays and Bumiputera and the Legitimate Interests of Other Communities

Many people quote Article 153, but far fewer have read its paragraphs. Some call it “Malay privilege”, some call it “a quota”, and some call it “discrimination” — yet the actual text of the Article uses none of those words. It sets out a responsibility, imposes several limits, and — a point rarely mentioned — names two groups that must be protected at the same time.

This article reports what is written in Article 153 of the Federal Constitution, according to the Reprint as at 15 October 2020 on the Attorney General’s Chambers portal. It is descriptive and neutral: stating facts and the range of positions, without taking sides.

What does Article 153 actually provide?

Article 153 opens with a single sentence that establishes its entire design. Clause (1) states that “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 interests of other communities” in accordance with the provisions of the Article.

Two important points are contained in that opening sentence:

• The responsibility is two-sided — not only the special position of the Malays and natives, but also the legitimate interests of other communities is mentioned in the same clause.
• It is the responsibility of the Yang di-Pertuan Agong, who under Article 40 exercises his functions in accordance with the advice of the Cabinet. Article 153(2) itself states that this function is subject to Article 40.

At a glance

Where	Article 153, Part XII of the Federal Constitution
Who is responsible	The Yang di-Pertuan Agong (acting in accordance with Article 40)
Who is protected	The Malays; the natives of Sabah and Sarawak; and the legitimate interests of other communities
What is reserved	”Such proportion as he may deem reasonable” of federal public service positions, scholarships and educational facilities, and business permits/licences under federal law
Main limits	Clauses (4), (5), (7), (8), (9) — no deprivation of existing rights; no derogation from Article 136; no restriction of business solely for the reservation
Protections	Article 38(5) (consultation of the Conference of Rulers); Article 159(5) (consent of the Conference of Rulers for amendment); Article 10(4) (prohibition of questioning)

Who is protected — and is “Bumiputera” in this Article?

A common misunderstanding is to equate Article 153 with the term “Bumiputera”. The text of Article 153 does not use the word “Bumiputera” at all. It refers to two groups defined elsewhere in the Constitution:

• The Malays — Article 160(2) defines a “Malay” as a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom, and meets certain birth or domicile conditions (born in the Federation or Singapore before Merdeka Day, or descended from such a person).
• The natives of Sabah and Sarawak — Article 161A(6) defines “native” for both of those States, and for Sarawak that definition refers to the races listed in Article 161A(7) as indigenous to Sarawak. In the text of clause (7), the constitutional terms used include “Sea Dayak” (now commonly known as Iban) and “Land Dayak” (now Bidayuh), alongside, among others, the Bukitan, Bisayah, Dusun, Kayan, Kenyah, Melano, Murut and Penan.

“Bumiputera” is a policy and administrative term — used in policy documents such as the New Economic Policy — not a term that appears in the text of Article 153. Article 89 (Malay reservations in the Peninsula) and Article 161A(5) (native land reservations in Sabah and Sarawak) are separate provisions concerning land, not part of Article 153.

What can and cannot be done under this Article?

Article 153(2) lists three areas of reservation, and Article 153(8A) adds one more:

• Positions in the federal public service — clause (2) refers to positions in the public service “other than the public service of a State”. It does not apply to the state public service.
• Scholarships, exhibitions and other educational or training privileges or facilities provided by the Federal Government.
• Permits and licences for the operation of any trade or business, where such permit or licence is required by federal law.
• Places in universities and colleges — clause (8A) permits the Yang di-Pertuan Agong to direct the reservation of a proportion of places of study after the Malaysian Certificate of Education where the number of places is fewer than the number of qualified candidates.

The measure used is not a fixed figure. Clause (2) speaks of “such proportion as he may deem reasonable”. The Constitution does not set out any particular percentage.

The Article also contains clear limits:

• Clause (4): in exercising his functions, the Yang di-Pertuan Agong may not deprive any person of any public office held by that person or of the continuance of any scholarship or educational facility enjoyed by that person.
• Clause (5): this Article does not derogate from the provisions of Article 136, namely that all persons of the same grade in the service of the Federation shall be treated impartially without regard to race.
• Clauses (7) and (8): nothing in this Article may deprive any person of any right, privilege, permit or licence accrued to or enjoyed by that person, or prevent the reasonably expected renewal of it.
• Clause (9): this Article does not empower Parliament to restrict business or trade solely for the purpose of reservation for the Malays and natives of Sabah and Sarawak.

How is Article 153 protected and reviewed?

Article 153 is bound by several other mechanisms in the Constitution:

• Consultation of the Conference of Rulers. Article 38(5) requires the Conference of Rulers to be consulted before any change of policy affecting administrative action under Article 153 is made.
• Consent for amendment. Article 159(5) lists Article 153 among the provisions whose amendment may not be passed without the consent of the Conference of Rulers — in addition to the two-thirds majority ordinarily required for a constitutional amendment.
• Prohibition of questioning. Article 10(4) permits Parliament, when imposing restrictions on freedom of speech on grounds of security or public order, to pass laws prohibiting the questioning of any matter, right, status, position, privilege or sovereignty established or protected by (among others) Article 153 — other than questioning its implementation.

The relationship between Article 153 and Article 8 (equality) also frequently arises. Article 8(1) states that all persons are equal before the law, and Article 8(2) prohibits discrimination on grounds of religion, race, descent, place of birth or gender — “except as expressly authorised by this Constitution”. Article 153 is one of those expressly authorised provisions.

Common misunderstandings

“Article 153 sets a 30% quota (or some other figure).” The text of the Article contains no figure; it speaks of “such proportion as he may deem reasonable”. The numerical targets commonly cited originate from policy documents such as the New Economic Policy, not from the text of Article 153.

“Article 153 only protects the Malays.” Clause (1) names the Malays, the natives of Sabah and Sarawak, and the legitimate interests of other communities in the same sentence.

“Article 153 allows non-Malays to be deprived of positions or licences.” Clauses (4), (7) and (8) specifically prohibit the deprivation of a right, position, scholarship, permit or licence already enjoyed or held.

“Article 153 cannot be amended.” It can be amended, but subject to an additional condition — the consent of the Conference of Rulers under Article 159(5), not merely a two-thirds vote.

“‘Bumiputera’ is a term in Article 153.” The word does not appear in Article 153; the Article uses “the Malays” and “natives”.

Differing views

Article 153 is among the most publicly discussed provisions of the Constitution, and views about it vary. Some emphasise that the Article is the foundation of a historical guarantee and a socioeconomic counterweight specially protected by the Constitution. Others emphasise the equality element in Article 8 and the limits contained within Article 153 itself, and question how “reasonable proportion” ought to be implemented.

This article does not endorse any position. What can be stated as fact is that the design of the Article itself pairs two elements — the special position and the legitimate interests of other communities — within a single provision, and places limits and protections around them.

What next

To see where Article 153 sits within the whole document, see the Federal Constitution of Malaysia. For the role of the Conference of Rulers, which is consulted under Article 38(5) and whose consent is required under Article 159(5), see the Conference of Rulers. For the conditions of amendment that protect Article 153, see Amending the Federal Constitution. For the policy context in which the term “Bumiputera” and numerical targets are used, see the New Economic Policy. For the position of the natives of Sabah and Sarawak, see MA63.

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This article is classified as sensitive (race) under NegaraKu.md editorial policy because its subject touches on the special position and relations between communities. It is written to remain descriptive and neutral — reporting the text of Article 153 and related provisions as published, without taking sides — and is held as an interim draft pending human review before publication.