Malaysia is a multi-ethnic country in which the government gives preferential treatment in education, employment, and ownership to its majority ethnic group: Bumiputera. However, affirmative action policies in the current Malaysian context should work according to John Rawls' Theory of Justice by being based on income rather than ethnicity. Certainly Malaysian Government should be praised for giving freedom to the Chinese and Indians to select their preferred school and this is partly consistent with Amartya Sen's view of freedom; however this article argues that these communities are apparently given constraint freedom of choice.