KUALA LUMPUR (Aug 15): The Malaysian Bar must remain steadfast in defending constitutional supremacy, the rule of law and judicial independence amid growing political and social divisions, former Bar Council president and constitutional expert Datuk Dr Cyrus Das said on Friday.

Das, 77, said the profession must guard against divisive politics and remain focused on its role as a defender of democracy, justice and public accountability.

He said the challenges facing the Bar would grow as politics and divisiveness increasingly consume the nation.

“In this regard, the Bar should not allow itself to be overwhelmed by these public discourses but remain steadfast always towards two overarching principles, the rule of law and constitutional supremacy,” he said.

“They are inseparable. I would like to suggest that there is no legal value more important in public law or in public life than the doctrine of constitutional supremacy and an adherence to the rights enshrined in the Constitution or Federal Constitution,” he said.

Das was speaking after receiving the Malaysian Bar Lifetime Achievement Award for excellence in the legal profession and for serving as a member of the Bar Council for close to two decades.

Das urged the Bar Council to remain vigilant over constitutional amendments that could undermine constitutional supremacy and to challenge changes that alter the country’s founding constitutional principles.

“The Malaysian Bar must ever be vigilant against any transformative alterations of the founding principles on which this country and its Constitution is built, and of its essential character,” he said.

He said the Bar must be prepared to take up such challenges and “not rest until the threat has abated”.

“In my humble view, there could be, in the years ahead, no greater challenge facing the Bar and the Bar Council…than the defending of constitutional rights and, importantly, the judicial power of the courts and the independence of the judges,” he said.

Das also stressed that maintaining high standards of competence and integrity within the legal profession remains equally important.

His long service at the Bar was marked by a strong defence of constitutional rights and judicial independence. During his tenure with the Bar, Das was among those who condemned the use of the Internal Security Act (ISA), called for an inquiry into the assault of then-opposition leader Datuk Seri Anwar Ibrahim while in custody, and reaffirmed through his legal work the constitutional principle of separation of powers and the role of the judiciary as an independent branch of government.

The award ceremony here was attended by prominent lawyers, members of the Bar Council and members of Das’ family.

Das graduated from the University of Singapore in 1973 before obtaining a doctorate in constitutional law from Brunel University in the UK, where his thesis examined the use of emergency powers.

He joined Shook Lin & Bok as an associate in 1973, became a partner in 1979 and later served as a managing partner, heading its general litigation department.

In 2015, he established Cyrus Das Advocates & Solicitors and has since focused mainly on appellate work.

In a citation honouring Das, former president of the National Human Rights Society (Hakam) Abdul Rashid Ismail described him as a scholar-advocate whose work had left a lasting impact on the judiciary and the protection of constitutional rights.

“Datuk Cyrus Das is a scholar advocate. He reads the law like a scholar and he argues it like a master advocate,” he said.

Abdul Rashid cited Das’ contributions to several landmark cases, including: the 1988 constitutional crisis; the Semenyih Jaya case, in which the Federal Court affirmed judicial power and the separation of powers as part of the Federal Constitution’s basic structure; the Sagong Tasi land case, which recognised the proprietary rights of the Orang Asli; and, the Lina Joy case, in which he championed freedom of religion under Article 11 of the Federal Constitution.

He also praised Das for taking on pro bono cases for the voiceless throughout his almost half-century in legal practice.

Abdul Rashid said Das had undertaken significant legal work without fees and devoted his time, knowledge and advocacy to people who otherwise might not have had access to such representation.

He also highlighted Das’ academic credentials, noting that his doctorate in constitutional law led to the publication of Governments and Crisis Powers, which he described as a definitive and relevant text on the exercise of emergency powers in Malaysia.

Abdul Rashid noted that Das had a staggering 462 reported cases to his name.

“The true work of a lawyer is to bring people together who have been torn apart and to find the better side of human nature. Datuk Cyrus has practised law in exactly that spirit his whole life long,” he said.