[UPDATED] High court rejects bid to challenge constitutionality of vernacular schools

KUALA LUMPUR – Vernacular schools in the country are not against the federal constitution, as the high court here throws out an application challenging their legality over the use of non-national mediums of instruction.

The court also ruled that the existence of vernacular schools, as well as the use of Tamil and Chinese languages in those institutions, are in line with the provisions of the constitution.

Judge Datuk Mohd Nazlan Mohd Ghazali, who presided over today’s court proceedings, dismissed the suit brought by the Federation of Peninsular Malay Students, the Islamic Education Development Council and the Confederation of Malaysian Writers’ Association.

It was first initiated in December 2019.

They are seeking a court declaration that the existence of vernacular schools violates the provisions in the federal constitution, as Article 152(1) defines Bahasa Melayu as the national language.

The group added that Sections 2, 17 and 28 of the Education Act 1966 – which allow Chinese and Tamil schools to conduct their lessons in their native languages – are against the constitution.

Meanwhile, defence counsel T. Gunaseelan told the press outside the court complex that Nazlan had found that vernacular schools are not considered “public bodies”.

“The court held that vernacular schools are not public bodies.

“More importantly, the teaching of vernacular schools does not come under the ambit of public purpose.”

The Malaysian Chinese Language Council, Dong Zong, Persatuan Thamizhar Malaysia, Persatuan Tamilar Thirunal (Perak), Persatuan Gabungan Kebajikan Guru-Guru Bersara Sekolah Tamil, the Malaysian Chinese Language Council, Persatuan Malaysia Tamil Neri Kalagam, Gabungan Persatuan Bekas Pelajar Sekolah Tamil Malaysia, and SMJK Chong Hwa were named as defendants.

Political parties MIC, MCA and Gerakan were intervenors for the defendants, while Parti Bumiputera Perkasa Malaysia intervened for the plaintiffs. – The Vibes, December 29, 2021