Wednesday, May 21, 2014

Joshua Wu: The constitutionality of meritocracy

'Meritocracy can be defined as “an elite group of people whose progress is based on ability and talent rather than on class privilege or wealth” as well as “leadership by able and talented persons”. It basically means giving something to those who deserve it.

Some people have suggested that Malaysia should be operating on the system of meritocracy as it ensures that only those who are capable and deserving receive the benefit, job, etc. I agree it is a good system, but I want to analyse it from a legal viewpoint.

Is meritocracy unconstitutional? The answer is, it depends. Depends on what? It depends on what you want meritocracy to apply to.

Let’s say you suggest that meritocracy apply in terms of the awarding of scholarships and placements in universities. Article 153 talks about the reservation of quotas in respect of services, permits, etc for Malays and natives of any of the states of Sabah and Sarawak. Article 153(2) expressly mentions “scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the federal government”.

So yeah, if regarding ‘quotas and scholarships’, meritocracy would be unconstitutional.'

Rest of his letter to Malaysiakini:

While we are on the subject of meritocracy, we should also be aware that each of us is different from others and the method of evaluation may not necessarily produce the right candidates.



Meanwhile, who is having the last laugh?


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