Relevancy of Section 15 Akta Universiti Dan Kolej Universiti (AUKU): a critical analysis (Prior 2012 Amendment) / Haajar Mohd Puad, Hani Afiqah Mohamad Jamal and Mazlinda Mahmud

The dissertation primarily deals with the issue of inconsistencies of the established law, Akta Universiti Kolej Universiti 1971 (AUKU) with the principle of free speech and expression, as embedded in Article 10 of the Federal Constitution of Malaysia. Thorough discussion on the violation of Constitution by Section 15(5) (a) of AUKU, as well as other factors which give rise to the inconsistencies between the principle of free speech and expression and its application to the restriction imposed to the university students. The backgrounds of AUKU from 1971 until the inclusion of Section 15(5) (a) in 1974 are included in this project paper. Furthermore, the effects of Section 15(5) (a) towards the students as well as university administration and the unconstitutionality of Section 15 were also been discussed in this project paper. Moreover, a review on other countries like United Kingdom and United States were included to show that rights to free speech and expression for their students are guaranteed by the constitution and their statutory provisions. Decided cases, statistics and interviews conducted are enclosed to support our findings. The dissertation has specifically addressed the issue of restriction on students to express, support or sympathy to any political party with the objective to handle this matter effectively. Therefore the current position of law that violates the freedom of speech and expression granted by Constitution is analyzed. The dissertation calls for a greater urgency to reform AUKU especially Section 15(5) (a) which is unconstitutional and to uphold the rights of students to free speech and expression. The researchers urge the ancient thinking of the government that students cannot express their view on any political matters to be wiped away, and be replaced by more civilized and democratic modern way of thinking in which everyone including students must have rights to freedom of speech and expression.