Skip to main content

Constituion of Malaysia: An Introduction Part 15

PART IX - THE JUDICIARY

126

The Supreme Court or a High Court shall have power to punish any contempt of itself.

127

The conduct of a judge of the Supreme Court or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by no less than one quarter of differences in the system of land tenure) in the same manner as they apply to other States.

128

(1) The Supreme Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction -

(a) any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws; and

(b) disputes on any other question between States or between the Federation and any State.

(2) Without prejudice to any appellate jurisdiction of the Supreme Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Supreme Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.

(3) The jurisdiction of the Supreme Court to determine appeals from a High Court or a judge thereof shall be such as may be provided by federal law.

129

(Repealed)

130

The Yang di-Pertuan Agong may refer to the Supreme Court for its opinion any question as to the effect of any provision of the Constitution which has arisen or appears to him likely to arise, and the Supreme Court shall pronounce in open court its opinion on any question so referred to it.

131

(Repealed).

131a

(1) Any provision made by federal law for the functions of the Lord President of the Supreme Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the Supreme Court may extend to his functions under this Constitution.

(2) Any provision made by federal law for the functions of the Chief Justice of a High Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of that court may extend to his functions under this Constitution other than functions as judge of the Supreme Court.

Source: Federal Constitution 1957

Comments

Post a Comment

Popular posts from this blog

India-Malaysia ties and the future

Prime Minister Anwar Ibrahim is on his first official visit to India. The main aim of this visit is to seek support for Malaysia’s application to join Brics and to fortify bilateral ties, as the country is keen to improve its connections with one of the rapidly expanding economies in Asia. In light of the increasing crumbling of the global order, particularly stemming from trade disputes between the United States and China, as well as the proxy conflict involving the United States and Russia, Malaysia is encouraged to reassess its foreign policy to uphold its neutral stance. Given India’s status as the largest democracy and the fifth-largest economy globally, along with its notable advancements in indigenous space and defence technologies, it is proposed that India emerge as Malaysia’s key partner in the years ahead. Why India is important for Malaysia The historical ties between India and Malaysia extend back several centuries, with significant Indian cultural, religious, and administ...
Post a Comment
Read more

THE HISTORY OF TERRORISM: MORE THAN 200 YEARS OF DEVELOPMENT

The history of terrorism dates back at least 1500 years when Jewish resistance groups (66 - 72 A.D.) known as Zealots killed Roman soldiers and destroyed Roman property. The term assassin comes from a Shi'ite Muslim sect (Nizari Isma'ilis - also known as hashashins "hashish-eaters") fighting Sunni Muslims (1090 - 1275) and during Medieval Christendom resisting occupation during the Crusades (1095-1291). The hashashins were known to spread terror in the form of murder, including women and children. The brotherhood of Assassins committed terror so as to gain paradise and seventy-two virgins if killed and to receive unlimited hashish while on earth. The modern development of terrorism began during the French Revolution's Reign of Terror (1793 - 1794). During this period the term terrorism was first coined. Through the past two hundred years, terrorism has been used to achieve political ends and has developed as a tool for liberation, oppression, and i...
Post a Comment
Read more

The by-election in Kuala Kubu Baharu (KKB) and the Indian electorate

  I was born in Malaysia, belonging to the Indian ethnic group, which constitutes approximately 7% of the country's total population. My durable credence is that I am Malaysian first and foremost, and only then do I identify myself as Indian. Regrettably, it saddens me to witness and hear about the actions of certain politicians who question my loyalty to Malaysia. What is even more disheartening is that some Malaysians have been influenced by the manipulative rhetoric of these self-serving politicians. Recently, I have observed numerous discussions on both mainstream and online news platforms regarding the recognition and inclusion of Indians by ruling parties. Surprisingly, even the opposition has displayed a significant interest in the welfare of Indians. Upon contemplating the reasons behind this sudden surge in attention towards Indians, it becomes evident that it is primarily driven by the upcoming Kuala Kubu Baharu (KKB) by-election. It is noteworthy that such ...
Post a Comment
Read more