As we bask in the glow of our 49th anniversary of independence, it is time to reflect on those stirring moments at the Merdeka Stadium when the Duke of Gloucester handed over to Tunku Abdul Rahman the constitutional documents signifying the independence of the Federation of Malaya.

At the stroke of midnight on August 31, 1957 the clarion call of "Merdeka, Merdeka, Merdeka" filled the air. Malaya's tryst with destiny had begun. A new nation was born "founded upon the principle of liberty and justice and ever seeking the welfare and happiness of its people".

A new Constitution was adopted to act as the chart and compass and sail and anchor for the emerging political system.

Forty-nine years down the road as one looks at the legal, political and social landscape, it is possible to say that, by far and large, the Constitution has worked well.

It has provided the foundation on which Malaysia's rock-solid political stability, it's spectacular economic prosperity and it's exemplary record of racial, religious and regional harmony have been built.

Most of us take these blessings for granted. But it must be remembered that our communal harmony is founded on the courage, conviction, sacrifices and compromises of the leaders of the Alliance who had to grapple not only with inter-ethnic rivalries but also with the demands of the radicals within their own communities. They debated, negotiated, pleaded and chiselled out painstaking compromises.

The Alliance drew up a 20-page Memorandum for the Reid Constitutional Commission. Half of the Memorandum dealt with communal issues and with the need to cater to our dazzling diversity. On most issues the Reid Commission showed deference to the social contract negotiated by the communities.

The Commission held 118 public and private hearings between June and October 1956. It made its recommendations on 21st February 1957 and submitted a draft Constitution.

The draft master plan provided for a supreme Constitution, an independent judiciary with powers of judicial review, a federal system of government with a heavy central bias, a Westminster style parliamentary democracy and a constitutional monarchy at both state and federal levels.

A chapter on partially entrenched fundamental rights was provided but with extensive power to Parliament to suspend basic rights during times of subversion and emergency.

There was special protection for the rights of Malay Rulers and a continuation of the historical provisions relating to Malay privileges.

Liberal rights of citizenship were granted to all persons born in the Federation. The linguistic, cultural and religious rights of non-Malays were protected.

But the Commission's proposals in some areas caused tremendous consternation within the Malay community. Reid proposals on citizenship were criticised as so liberal that the country would be swamped by non-Malays.

Umno rejected the proposal that Malay privileges would be a temporary measure for fifteen years. Umno was unhappy that no official religion was prescribed at the federal level and matters of Islam were totally allocated to the States.

The Malay Sultans were displeased that the role of the Conference of Rulers was merely symbolic. The powers of the States, especially in the area of finance, were most inadequate compared to the federal government.

As a result of the uproar that some Reid proposals caused, a tripartite "Working Party" of the Alliance, the Rulers and the Colonial government was appointed to review the Commission’s Report.

Many constitutional lawyers show insufficient understanding of the many substantive changes brought by the Working Party.

For example, the 15-year time limit on Malay privileges was removed. Malay privileges were made an integral and entrenched part of the Constitution. Islam was inserted as the religion of the Federation but with full freedom to other communities to practise their own faiths in peace and harmony.

The role of the Conference of Rulers was strengthened. The permission to use Tamil and Chinese in the legislatures was replaced with the provision that these languages could be used for non-official purposes and that their teaching and learning would be allowed.

Changes made by the Working Party augmented the "Malay features" of the Constitution. But there still was in the basic charter enough for everyone to relish and cherish.

Malay privileges were balanced by safeguards for other communities.

The spirit that animated the Constitution was one of tolerance, compassion and compromise

The master plan that was finally adopted bore the mark of idealism and realism; the old and the new; the indigenous and the imported. Constitutional ideas from UK, India, Ceylon, Australia and USA were blended with Malayan traditions.

For 49 years we have provided the world with an example of how a fragmented, multi-ethnic and multi-religious polity can be welded together in a common nationality. We achieved this by abjuring extremism, rejecting ideological purity and weaving a rich cultural mosaic.

But dark clouds loom across the horizon. There are those who would do the Constitution in because it does not fit in with their vision of the ideal society.

They need to be reminded that though imperfect, this Constitution has served us well. Our chieftains too should send the same message.

As leaders of substance they should not follow opinion polls. They should mould opinion. Not with guns or power or position but with the power of their souls.

Dr Shad is Professor of law at UiTM. Comments: feedback@thesundaily.com