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Does the Constitution exist for you? PDF Print E-mail
Friday, 12 November 2010 08:40am
Image©The Sun (Used by permission)
by Shamala Balasundaram

IF EVERY copy of the Federal Constitution magically disappeared today, you might believe the gun toting man in uniform or the suave politician on television when he tells you that under the Constitution:

(i) you have no freedom to assemble with your friends at a shopping complex or a park;

(ii) citizenship is a "privilege" and not a right – you could lose your citizenship today if you offend the wrong person;

(iii) you can’t change your leaders. You simply wait for the current leaders to anoint new ones – don’t worry, there will be hour on hour coverage on TV and full page congratulatory advertisements in all the newspapers, so you will know when this happens;

(iv) you have no right to property. Yes, "you". It is obvious that your neighbour is in a different position, but that could change too; and

(vi) the government may spend your tax monies as it pleases.

If every copy of the Constitution disappeared, you might accept it if you needed a permit to leave your assigned place of dwelling.

You might accept the storied knock on your door in the middle of the night which instinctively tells you that you may not see your family again for a long time.

You might accept that your neighbours are "penumpang" in our nation, and that clearly passengers should remain silent and behave.

You might accept that the decisions of those in power can never be challenged under the law.

You might accept that change is not possible.

With the Constitution missing and if you are the enterprising and creative sort, you could even spin your own self-serving tale of what the Constitution said (as you remember it from before it magically disappeared). If you spin the tale well, others might believe you.

Before you know it, you’ve become the firebrand leader of a group intent on defending the "constitutional rights" of a select group. The media awaits your next "insightful" statement, and you have the politicians quaking in their boots and wondering if yours is the bandwagon they should be hopping on.

Even with the Constitution present and in action in present day Malaysia, fictitious tales are being spun about it – some innocently and some perhaps deliberately.

How many have you accepted as truth?

Our Constitution (and all it carries with it) is in danger of effectively disappearing – not through magic, but through a more dependable and proven means – basic human apathy.

Already there are those who will tell you not to read the Constitution because you may be confused. Such people are dangerous, but you may listen to them simply because the path they propose is much easier. The Constitution is accessible to all. It is in bookstores and on the internet. It is the supreme law of this country – a blueprint of what was intended for this nation. Read it, so that you will not be taken in by those who would spin you a tale of anything less.

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Shamala Balasundaram is a member of the Constitutional Law Committee, Bar Council Malaysia (www.malaysianbar.org.my/constitutional_law_committee). The views expressed in this article are personal to the writer and may not necessarily represent the position of the council. The committee is running a two-year nationwide MyConstitution Campaign launched in November last year. It was born of the collective desire of more than 150 members made up of lawyers, academics, students, media persons and activists to increase awareness of the Federal Constitution among all Malaysians – "Untuk Merakyatkan Perlembagaan". The Rakyat Guides are available at the council, offices of State Bar committees and www.perlembagaanku.com. Contact us at perlembagaanku@gmail.com if you would like to work with us on the campaign. Visit www.facebook.com/MyConstitution for more information or follow us on www.twitter.com/MyConsti.

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