and national-level nationality until the Federation achieved independence
on Merdeka Day (Low, 2017).
Jus soli citizenship
The current nationality laws were shaped by the politics of communalism
between the Malays and non-Malay (Chinese and Indian) migrant
labourers. We will examine the three key developments of how the
controversial jus soli principle of citizenship was implemented and how
it was finally adopted into the Federation Constitution post-Independence
in 1957 (Low, 2017).
First, during the Malayan Union in 1946, the British introduced jus soli
for all local-born children of immigrants, which threatened the concept
of citizenship under the Malay states (Cheah, 2002). This meant that the
local-born immigrant children would automatically qualify for citizenship
without needing to declare allegiance to the Malay rulers (Cheah, 1978).
However, this liberal form of citizenship was not passed because of the
strong opposition from the Malay community amidst growing Malay
ethnonationalism during this period.
Second, during the formation of the Federation of Malaya in 1948, the
concept of double jus soli was introduced whereby second-generation
migrants obtained federal citizenship automatically if both of their parents
were born and resided in the Federation for a continuous period of at least
15 years (Article 124 (1)(e), Federation of Malaya Agreement). This form of
jus soli citizenship was too restrictive as less than one-third of local-born
Chinese and Indians became Malaysian citizens by operation of law (K. J.
Ratnam, 1965). In contrast, it benefited Malays, indigenous persons, and
British subjects who were able to acquire Malaysian citizenship by virtue
of being born in the Malay states or British colonies.
Lastly, the constitutional amendment in 1952 saw the double jus soli
principle being replaced with the delayed jus soli principle where local-born
children became subjects of a Malay ruler if one of their parents were
born in the Federation of Malaya. This amendment resulted in a total of
1,157,000 Chinese, 220,000 Indians, and 2,727,000 Malays automatically
becoming Federal citizens (Low, 2017). This restricted form of jus soli
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