'Adopting Rukunegara in constitution will affect status quo'

Former chief justice Abdul Hamid Mohamad believed that the incorporation of the Rukunegara as the preamble to the Federal Constitution would compromise the interest of the Malays and bumiputera.

Abdul Hamid said if judges were required to consider the Rukunegara in interpreting the Federal Constitution, it would lead to rulings that against existing laws and policies.

For example, he believed that the Universiti Teknologi Mara's policy of admitting bumiputera students only could violate the the Rukunegara.

"So once the Rukunegara becomes preamble to the constitution, all laws and executive action which gives priority to the Malays and bumiputera, will become unconstitutional and invalid," he said.

Although Abdul Hamid did not elaborate on this, the preamble to the Rukunegara contains the phrase "creating a just society where the prosperity of the country can be enjoyed together in a fair and equitable manner".

Abdul Hamid said that there were similarities between the Rukunegara and the stillborn National Harmony Bill which he claimed stressed on equality and the eradication of discrimination.

"This clause can be used to strengthen the argument in the first example I gave.

"In fact, this clause can be used to challenge Article 153 (of the constitution)," he said.

Article 153 grants the Yang di-Pertuan Agong responsibility to safeguard the special position of the Malays and the bumiputera, among others.

Implication on religion

Abdul Hamid also argued that the world "Islam" was not mentioned in the Rukunegara, which would have implications on the status of other religions.

"The first principle only speaks about 'belief in God'. The word 'God' here, if not accompanied with 'Yang Maha Esa', according to the law, can be singular or plural.

"So religion is not restricted to Islam only," he added.

Abdul Hamid's speech was read out by Perkasa president Ibrahim Ali during the roundtable discussion on the proposal to adopt the Rukunegara as a preamble to the Federal Constitution.

The proposal was made by a group of social activists, led by former Universiti Malaya professor Chandra Muzaffar and constitutional law expert Shad Saleem Faruqi.

Chandra said the signature campaign for the Rukunegara Sebagai Mukadimah Perlembagaan (RMP) initiative, launched in January, will run for three months.

Meanwhile, former cabinet minister Rais Yatim told the forum that there were positive traits to the Rukunegara.

"However, we have to be careful if we were to turn it into a preamble to the constituion.

"It sounds nice, but it will not necessarily be the best for us," he said.

Instead, he said the Rukunegara should be used as a charter for education purposes.

"If you agree, we can suggest that the Rukunegara is given a special Act. There is no need for it to become a preamble to the constitution.- Mkini