PUTRAJAYA (Jan 9): The Attorney General's Chambers (AGC) plans to propose to replace the original English text of the Federal Constitution, with the Malay translation as the authoritative version.

However, Attorney General Tan Sri Idrus Harun said this is subject to the approval of the Yang di-Pertuan Agong.

"The Federal Constitution acts as our cornerstone in implementing the separation of powers. Therefore, for the year 2023, pursuant to Article 160A of the Federal Constitution, the AGC plans to reprint the Federal Constitution to incorporate the latest historic constitutional amendments.

"The AGC also plans to propose to the Government that the prescription of the Federal Constitution in the national language to be the authoritative text, in line with Article 160B of the Federal Constitution," he said in his speech at the Opening of the Legal Year 2023 on Monday (Jan 9).

Article 160B of the Federal Constitution states that where this Constitution has been translated into the national language, the King may prescribe such national language text to be authoritative, and thereafter if there is any conflict or discrepancy between such national language text and the English language text of the Constitution, the national language text shall prevail over the English language text.

More recently, the matter of the authoritative version of the Federal Constitution arose in Indira Gandhi's 2018 case, where the Federal Court unanimously said that the English version of the Federal Constitution is authoritative since it has not been shown that the YDPA has prescribed the Malay translation to be authoritative.

According to reports, the apex court said that in Indira’s case, the English version of the word "parent" prevails over the Malay translation of "ibu atau bapa" (mother or father). The Federal Court subsequently ruled that it is unlawful for a parent to unilaterally convert the children to Islam without seeking the other parent’s consent.

Among the historic constitutional amendments Idrus mentioned in his speech on Monday were the anti-party hopping law, where the AGC was directly involved in drafting some provisions.

The AG also said that support is needed from the Government and the legal fraternity "in the uphill battle" to abolish the mandatory death penalty and in the citizenship case.

"For instance, support is required in realising yet another uphill battle to abolish the mandatory death penalty," he said, adding that amendments to the relevant laws are due to be tabled in the upcoming parliamentary session.

As for automatic citizenship for children born overseas to Malaysian mothers with foreign spouses, Law and Institutional Reform Minister Datuk Seri Azalina Othman Said reportedly said that a Cabinet memo had been drawn up proposing an amendment to the relevant schedule in the Constitution related to citizenship.

"It is hoped that our democracy remains intact, and could reach greater heights, with the formation of the new Government, and that the proposed amendments would come to fruition," Idrus added.

Also present at the ceremony on Monday was Azalina's deputy Ramkarpal Singh.