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MANY are of the view that the Federal Constitution has no significance in their lives. The Bar Council’s Constitutional Law Committee explains why this is a misconception.

How would you explain why the Federal Constitution is relevant to them?

The reason is people are not aware of the Federal Constitution and its provisions. Once made aware of its exalted status, people will soon realise that the constitution plays a pivotal role in their daily lives.

For instance, the constitution guarantees fundamental liberties to the people that cannot be taken away wantonly. Everything that we say is subject to the limits accorded for therein, guaranteed by the freedom of expression provision (Article 10). It follows that people are entitled to express an opinion on any issue freely without having to fear repercussions. Similarly, the equality provision in the Federal Constitution (Article 8) guarantees equal treatment of the rakyat and prohibits discrimination. Whenever a person feels that his or her right or liberty has been infringed reference to the constitution becomes inevitable. That is why the constitution is relevant to every one of us.

Could you give some examples of the things we take for granted that are actually protected/ recognised by the constitution?

Article 5 guarantees that an arrested person be informed of the grounds of arrest and granted consultation with a lawyer of his or her choice. Many have mistaken this to be a discretionary power of the police to be exercised based on sympathy and grace on a case-by-case basis. In reality, the constitution assures the arrested person that these mandatory requirements will be granted.

Freedom of movement as envisaged in Article 9(2) permits people to move from one place to another in the federation as and when they please (subject to certain restrictions). Each time we visit another city or state, it is in essence an exercise of our right guaranteed by the constitution.

You may not also realise that the Federal Constitution guarantees your right to possess and own land. A large portion of our population is under the impression that the purchase and sale of land is merely a contractual transaction. Article 13 provides for a person’s right to own property. Thus, a person’s entitlement to property is far more than just a contractual expectation.

What do Malaysians actually need to know about the constitution?

It is vital for everyone to understand the rights and privileges granted by the constitution. It is important for us to understand the demarcation between the responsibilities of the federal government and the state governments.

For instance, if a matter falls within the jurisdiction of the states, such as hawkers’ permits (which also falls within the livelihood right guaranteed under Article 5), the appropriate avenue is with the local authorities in the states and not the federal government. Likewise, it is important for one to have a brief understanding of the separation of powers between the three branches (ie the government, Parliament and the courts) because each branch should be able to check the other to prevent abuse of power and for the betterment of society. If the country’s population were familiar with how the constitution works to protect its citizens, this would ensure good governance on the part of those in authority.

The constitution only sets out a citizen’s rights in general terms. What happens when there is a conflict between the rights of two citizens?

The rights of individuals are set out in general terms because they are to be given a wide and liberal interpretation, and appropriate appreciation, when such rights are being enforced. Rights granted in strict and stringent language would end up restricting the rights of the rakyat instead. In a situation where there is a conflict between the rights of two citizens, such rights must be balanced to ensure a just solution is reached. Conflicts are bound to happen, but it need not lead to disputes that cannot be solved. Conflict resolution is important to defuse tension, and the constitution should not, and must not be used as a tool to undermine or oppress the rights of others. If rights were exercised reasonably, it would be difficult to envisage situations where a conflict of rights would arise. Ultimately, it is up to the individuals to ensure that he or she acts within reasonable limits. If every one of us is able to do so, we would all be able to exercise our rights freely without infringing the rights of others.

What is the role of the rakyat in relation to the constitution? Most people feel that they discharge their roles as citizens by casting their votes at every general election. Isn’t that enough?

The role of the rakyat vis-à-vis the Federal Constitution is a simple one. In general terms, we have to respect the constitution and always act within its four corners. We have also to ensure that the constitution is defended and upheld at all times. A governmental body that acts outside its authority, or that tramples on the rights of the rakyat, should be corrected and the injustice cured. If we were aware of our rights under the constitution, we would persistently speak out and put pressure on the authorities to ensure good governance. Merely casting votes at the general election is not sufficient. It is by consistently taking to task those we have voted into power do we fulfil our role as citizens. No person or authority is above the constitution, and it is our duty to ensure that this rule is strictly observed.

Pradeep Singh is a member of the Constitutional Law Committee, Bar Council Malaysia. The views expressed in this article are personal to the writer and may not necessarily represent the position of the Bar Council. Please visit our dedicated Campaign site at www.perlembagaanku.com for more information and to download the "Rakyat Guides" and the "Rakyat Service Advertisements". If you are interested in collaborating with us or to obtain hard copies of our "Rakyat Guides", please drop us an email at perlembagaanku@gmail.com. Follow us also on www.facebook.com/MyConstitution, www.twitter.com/MyConsti and www.youtube.com/user/PerlembagaanKu.

Part II of this article will be published next month.