Koh, an adjunct professor at Universiti Malaya, agreed that the Reid Commission did ensure the constitution protected the special position of the Malays and the role of Islam as the official religion of the federation.

“Notwithstanding the recognition of the role of Malays, Islam and also the monarchy, the constitutional commission affirm a nation premised on multiracial equal citizenship,” he told FMT.

Rafique, a lawyer who is also Pejuang’s information chief, had claimed that the special position of the Malays was reflected in the Reid Commission’s papers, which he said amounted to an acknowledgement by the nation’s forefathers that Malaysia was not a multicultural country.

He said the right to equality under Article 8 was not absolute, citing Article 11(4) on the restriction to propagate religious doctrines or beliefs to Muslims as well as Article 153 on the special position of the Malays and natives of Sabah and Sarawak.

He also claimed that the protection afforded to non-Malays could not be used as a “weapon” to trump Article 153 and demand equal rights for all ethnicities.

In response, Koh said it is trite law that fundamental liberties under the constitution are not absolute, but such qualifications do not render the freedoms “emptied of meaning and substance”.

He also dismissed Rafique’s claim over the use of Article 8 to “trump” Article 153. He said a proper interpretation of the constitution dictates that the primary protection remains while due recognition is granted to the exceptions provided by law.

“Political rhetoric must not replace proper principles of constitutional construction,” he said.