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Despite the many problems besetting the many-hued society that is Malaysia, the country has by and large been a success story. Still, the imperatives of the Constitution have not yet become the aspirations of the people.

AS we cross the 53rd milestone of our independence, it is befitting to reflect on the state of constitutionalism in the country. Most will agree that though the cup is not full to the brim, it is not empty. There is enough in it to relish and cherish.

The Constitution has survived the vicissitudes of politics. Despite many political and economic crises that could have torn other societies asunder, our Constitution has endured. It has provided a rock-solid foundation for our political stability, social harmony and economic prosperity.

One can count six sterling achievements of our socio-legal system. First is the wondrous durability of political cooperation among the country’s racial and religious groups. The rainbow coalition of political and ethnic parties that has ruled the country for 55 years is built on an overwhelming spirit of accommodation, a moderateness of spirit, an absence of the kind of passions, zeal and ideological convictions that have left a heritage of bitterness and violence in other plural societies.

The second sterling achievement is that despite periodic tensions and racist rhetoric, the country’s enduring and endearing inter-ethnic harmony has few parallels in the world. The various people of Malaysia are like the colours of a rainbow – separate but not apart. No race, religion or region is in a state of war with the government. Street violence is not our way of solving problems.

The third outstanding feature is the peaceful and cooperative manner in which social engineering is being accomplished in the country. Unlike some other societies like Kenya, Uganda and Zimbabwe (with a similar problem of identification of race with economic function), the Government did not expropriate the wealth of one community to bestow it on another.

With the cooperation of all races, it embarked on a pragmatic expansion of opportunities to give to every community its share of the pie.

A fourth remarkable feature of the country is the emancipation of women. In the workplace, in schools and in universities, women are easily outnumbering men.

Fifth, Malaysia as a Muslim country is, or at least was up to now, an exemplar of a moderate, enlightened, progressive and tolerant society that embraces modernity and democracy and yet accommodates the spiritual view of life. Secularism and Islam co-exist in harmony and symbiosis.

Sixth, Malaysia has successfully kept the armed forces under civilian control. There has been no attempted coup d’etat and no “stern warnings” from military generals to the political executive.

The blessings of Allah on Malaysia are many. There is much in Malaysia’s struggles and successes that is worthy of emulation by friends and foes alike.

Of course, the constitutional journey has not always been smooth. A fair number of monumental events tested the relevance and the resilience of the Merdeka Constitution.

The Federation of Malaya was radically transformed when it invited the largely non-Malay territories of Sabah, Sarawak and Singapore to form the Federation of Malaysia in 1963. This led Indonesia to initiate a military confrontation.

In 1965, relations with Singapore broke down and the territory was expelled from the Federation. In 1966, deteriorating relations between Sarawak and the federal government led to the dismissal of Chief Minister Stephen Kalong Ningkan and the proclamation of a state of emergency in Sarawak. A similar emergency was proclaimed in Kelantan in 1977.

On May 13, 1969 racial tensions erupted into serious riots in the Klang Valley, causing loss of hundreds of lives. A national emergency was declared. Parliament and the State Assemblies were prorogued and democracy was suspended for about 21 months.

The breakdown of ethnic relations triggered massive re-adjustments to the political, economic, educational and inter-ethnic life of the country. Many legal and extra-legal changes to constitutional arrangements were made. However, the “social contract” between the communities was largely left untouched.

In 1983 and again in 1993, the country reeled under the confrontation between the political executive and the Malay Rulers over the Mahathir Government’s attempt to amend and curtail the entrenched rights of the Malay Rulers. On both occasions compromises were worked out and the Constitution as well as the institution of the monarchy proved their resilience.

The judiciary came under siege in 1988 and the then Lord President and two Supreme Court judges were dismissed. The dismissals were severely criticised by most independent observers but what is significant is that constitutional procedures were, at least outwardly, complied with.

Since the 80s, political Islam has been in resurgence. Besides the political significance of this phenomenon, many difficult issues have surged up against the Constitution – among them the conflicting jurisdiction of the civil and Syariah courts and the interface between Article 3 (Islam as the religion of the Federation) and Article 4 (the Constitution as the supreme law).

There are also difficult issues about the power of the Syariah authorities to curtail fundamental liberties guaranteed by Articles 5 to 13 of the Constitution.

The 2008 voter revolt against the ruling coalition and the Barisan’s loss of power in Selangor, Kedah, Kelantan, Perak and Penang raised fears in some quarters of political instability but kindled hope in others that a two-party system may be emerging.

Political hopping in Perak in 2009 led to the controversial dismissal of the Mentri Besar and the removal of a government that had secured a clear 55% of the popular vote. The crisis triggered an avalanche of issues whose dust has not yet settled.

After a period of decline, the Conference of Rulers and the Malay Rulers are reasserting themselves on a broad range of issues. In Kelantan an undignified royal succession battle seems to be raging.

Federal-state relations are under severe strain over petroleum earnings and the sale of sand. Some opposition-controlled states are demanding local authority elections. Federal officers seconded to opposition-controlled states are under intense pressure to act with professionalism and impartiality.

Barring a short period of judicial renaissance in the mid-eighties, the courts have a lacklustre performance in the matter of enforcing constitutional supremacy, promoting human rights, curbing arbitrary powers and improving transparency and accountability in government.

The decline of Parliament in the legislative sphere and its inability to play the role of “the grand inquest of the nation” call for remedial action. The continuation of a state of emergency for more than 46 years is surely contrary to the spirit of the Constitution. Public trust in our constitutional institutions remains low.

The imperatives of the Constitution have not yet become the aspirations of the people. As we celebrate 53 years of independence, our laws and institutions, our values and our views cannot remain impervious to the changes and challenges all around us. It is for our human spirit to respond to this beckoning.

Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.