TODAY is the second time in the country’s history that a sitting government without a super majority has succeeded in amending the federal constitution.

The first time the constitution was amended when the government did not have a two-thirds majority in the lower house was on March 3, 1971, after Parliament reconvened following the 1969 elections and racial riots.

Following the riots, Malaysia entered a phase of emergency rule, during which Parliament was suspended for 21 months and the country was run by the National Operations Council.

Besides the clashes, 1969 is significant for another reason: it was the first time the Alliance, comprising Merdeka parties Umno, MCA and MIC, lost its two-thirds control of the Dewan Rakyat.

It also marked the first parliamentary polls that included Sabah and Sarawak after the formation of Malaysia in 1963. The Alliance, along with the Sarawak Chinese Party and Parti Bumiputera Sarawak, won just 74 of the 144 federal seats.

As result of the riots, the government felt the need to amend the constitution, to ensure no recurrence of such violence.

Known as the “Sensitive Matters Amendment”, Parliament amended Article 10 – related to freedom of speech, assembly and association – which comes under fundamental liberties.

The amendment allowed the lower house to enact laws restricting public discussions on four sensitive issues, namely citizenship; the national language and languages of other communities; the special position and privileges of Malays and Borneo natives, and the legitimate interests of other communities; and, the rulers’ sovereignty.

Prior to that, the Conference of Rulers’ consent was required only for amendments to provisions related to the rulers, and the interests of Malays and other communities. After the amendment, consent was required for other provisions, too, such as Articles 10, 63 and 72 (relating to the privileges of Parliament and state assemblies) and 152 (national language).

Originally, Article 153 provided the Yang di-Pertuan Agong as the guardian of the special position of Malays and interests of other communities. The amendment empowered the king to ensure a reasonable proportion of opportunities was reserved for Malays in public service and education, and to secure permits and licences. An amendment in 1971 saw the addition of Borneo natives.

With only 74 MPs on its side, the Alliance needed the aid of other parties – PAS, DAP, Gerakan, PPP, SUPP, SNAP, USNO, Pesaka and the Sabah Chinese Association – to vote for its bill. In the end, 126 of the 144 lawmakers voted through the “Sensitive Matters Amendment”.

Gerakan and PPP, in 1971, joined the Alliance, and PAS came on board a year later. Borneo outfits, such as the Sabah Alliance Party, SUPP and PBB, joined the Alliance in 1973 to form Barisan Nasional. – July 16, 2019.