As for malaysia, Article 10 (4) of the Constitution permits
Parliament to make it illegal to question, among others, Article
153 of the Constitution. Under the Sedition Act, questioning
Article 153 is indeed illegal even for Members of Parliament, who
usually have the freedom to discuss anything without fear of
external censure. The government can also arbitrarily detain anyone
it desires theoretically for sixty days, but in reality for an
undetermined length of time, under the Internal Security Act (ISA).
In 1987 under Operation Lalang (literally "weeding operation"),
several leaders of the DAP, including Lim Kit Siang and Karpal
Singh, were held under the ISA. It is widely believed this was due
to their calling for the NEP and other Malay privileges to be
reviewed. Others have questioned the constitutionality of the
NEP.
In 2005, the issue of the Constitution and its provisions were also
brought up by several politicians within the government itself. Lim
Keng Yaik of the Gerakan party, which by now had joined Barisan
Nasional, the ruling coalition, asked for a re-examination of the
social contract so that a Bangsa Malaysia (literally Malay for a
Malaysian race or Malaysian nation) could be achieved. The social
contract is a term used to describe the Constitution's provisions
with regard to the different races' privileges those who defend
it and Article 153 often define the social contract as providing
the Indians and Chinese with citizenship in exchange for the
Malays' special rights or ketuanan Melayu.
Lim was severely criticised by many Malay politicians, including
Khairy Jamaluddin, the Prime Minister's son-in-law and Deputy
Chairman of the UMNO Youth wing, and Ahmad Shabery Cheek, a
prominent Malay Member of Parliament from the state of Terengganu.
The Malay press, most of which is owned by UMNO, also ran articles
condemning the questioning of the social contract. [45] Lim was
adamant, asking in an interview "How do you expect non-Malays to
pour their hearts and souls into the country, and to one day die
for it if you keep harping on this? Flag-waving and singing the
'Negaraku' (the national anthem) are rituals, while true love for
the nation lies in the heart."
A year earlier, Abdullah had given a speech where he mentioned the
most "significant aspect" of the social contract as "the agreement
by the indigenous peoples to grant citizenship to the immigrant
Chinese and Indians". Although Abdullah went on to state that the
character of the nation changed to "one that Chinese and Indian
citizens could also call their own," [46] the speech went largely
unremarked.
In the end, Lim stated that the Malay press had blown his comments
out of proportion and misquoted him. The issue ended with UMNO
Youth chief Hishamuddin Hussein warning people not to "bring up the
issue again as it has been agreed upon, appreciated, understood and
endorsed by the Constitution."
It should be noted that the social contract is not always used with
regard to the provisions regarding rights and privileges of the
different races; in the 2004 general election, the DAP ran on a
platform of defending the social contract in the context of an
Islamic theocracy, which they alleged was forbidden by the
Constitution, but was endorsed by Mahathir, Lim Keng Yaik and by
PAS, the second-largest Malay-based political party in the
country.