Amend the constitution or abolish the Sedition Act

The Sedition Act of 1948, a colonial relic, should either be abolished or amended to align with the Federal Constitution, asserts a reporter. Enacted during Malaysia's era of imperial rule, this law has persisted despite lacking constitutional legitimacy. Instead, it has thrived due to judicial decisions based on outdated parliamentary supremacy.

This doctrine, prevalent in the UK, grants Parliament the ultimate authority to create, modify, or abolish any law, with no other body, including the courts, able to override it. Consequently, the Sedition Act has served as a tool of state power, justified by the premise that Parliament can impose absolute restrictions on speech for national security.

However, since 2017, the Federal Court has firmly endorsed constitutional supremacy, rendering the Sedition Act unconstitutional. Under this doctrine, any law conflicting with the constitution's spirit must be voided. Article 10(2)(a) of the constitution allows for restrictions on free speech, but only if they are reasonable and proportional.

The Sedition Act fails this criterion. It criminalizes speech based on vague notions of "seditious tendency", without necessitating proof of intent to incite violence or disorder, thereby bypassing constitutional safeguards and undermining the liberties the constitution guarantees. Judges, bound by the constitution's oath to preserve, protect, and defend it, have a duty to intervene when laws infringe upon fundamental liberties.

The judiciary's shift in jurisprudence, as affirmed by the apex court, leaves no room for ambiguity. It is now the courts' responsibility to exercise their full constitutional judicial power to strike down the Sedition Act. Doing so will not only dismantle a vestige of colonial control but also affirm Malaysia's commitment to governance under its own constitution.

The judiciary will be seen not only as honoring its oath but also as fulfilling the nation's promise to uphold the true supremacy of its constitution.