1. Constitutional Law II Group 4
The Government of the State of Kelantan
v
The Government of the Federation
of Malaya and Tunku Abdul Rahman Putra Al-Haj.

2. Constitutional Law II Group 4
Facts
The High Court was asked to declare that the Federation of Malaya Agreement and the Malaysia Act to
establish Malaysia were null and void or not binding on the State of Kelantan, one of the
component states in the Federation.
Question
Whether the constitutionality of an agreement entered into by the federal government and an act
of Parliament can/cannot be challenged.
Argument
 That the Act would abolish the ‘Federation of Malaya’ thereby violating the Federation of Malaya
Agreement, 1957.
 That the proposed changes needed the consent of each states of Malaya including Kelantan and this
had been not obtained.
 That the Ruler of Kelantan should have been a party to the agreement.
 Constitution convention should be summon for consultation with Rulers
 That the Federal Government had no power to legislate for Kelantan in respect of any matter
regarding which state had its owns legislature.
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3. Constitutional Law II The Legislature
The Malaysian Parliament is a bi-cameral legislature
comprising of the House of Representatives (Dewan
Rakyat) and the Senate (Dewan Negara). The Yang di
Pertuan Agong is also a part of Parliament.
Parliament
YDPA Dewan Dewan
Rakyat Negara
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4. Constitutional Law II The Legislature
Legislative Authority to Make Federal Laws
Parliament may make Federal laws in respect of matters falling
under the Federal List or the Concurrent List
Parliamentary Privileges
• Parliamentary proceedings cannot be questioned in any court
• Members of Parliament are immune from court proceedings
for anything said in Parliament except for offences under laws
passed under Article 10(4) of the Constitution and the
Sedition Act
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5. Constitutional Law II Legislative Provisions
Parliament may make law in State Legislatures may make
respect of matters in the law in respect of matters in
Federal List (1) and the State List (2) and
the Concurrent List (3) the Concurrent List (3) ★
Legislative Areas
1 2
Residual
Federal State
3 Legislative Power
of State
List List
(Parliament) Concurrent (State Legislature)
(Article 77)
List The State
(Parliament legislatures have
and State) the power to make
laws on matters
not set out in any
of the three lists
★ Federal law will prevail over State law in the event of any inconsistencies.
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6. Constitutional Law II Constitutional Amendments
The Constitution may be amended by Federal law passed in accordance with
these additional requirements:
Dewan Rakyat Dewan Negara Consent
(if applicable)
Conference of Rulers
Only for amendments pertaining to:
•
Yes ≥ 2/3* Yes ≥ 2/3* •
The Federal guarantee of State Constitutions
The status of Islam
• The special position of bumiputras
• The Malay language as the official language
• Others (see Article 159(5) for the full list)
State of Sabah or Sarawak or their
Yang di-Pertua Negeri
* Except for certain minor amendments, an absolute
majority of 2/3rds of the total number of members of
each House is required. This means that for the
Dewan Rakyat at least 148 of its 222 members must Only for amendments pertaining to:
• The High Court of Sabah and Sarawak
vote in favour and for the Dewan Negara, 47 out of 70 • Matters within the State legislative powers
must vote in favour. • Special treatment of natives of the State
• Others (see Article 161E for the full list) 6

7. Constitutional Law II Group 4