Datuk Seri Anwar Ibrahim 1. Kerajaan Malaysia 2. Majlis Keselamatan Negara

Datuk Seri Anwar Ibrahim 1. Kerajaan Malaysia 2. Majlis Keselamatan Negara

The Federal Court held: (1) the amending Acts A566, A584 and A885 are not unconstitutional on basic-structure grounds and Article 66 as amended is valid; (2) the NSCA 2016 is not rendered invalid by any alleged unconstitutional amendments and need not have been enacted under Article 149 because it is validly enacted under Parliament's legislative powers (Article 74 and Ninth Schedule) and its scope includes non-subversion national security matters (eg disasters, public health); and (3) sections 18 and 22 of the NSCA do not violate Article 9(2) and are proportionate in context, therefore the NSCA is not unconstitutional on the grounds alleged; the special case is remitted to the High Court...

Citation
No: 06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
Parties
Appellant: Datuk Seri Anwar Ibrahim; Respondent: Kerajaan Malaysia; Respondent: Majlis Keselamatan Negara
Court
RS
Jurisdiction
Malaysia
Judgment Date
6 August 2021
Case Number
No: 06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
Procedural Posture
Constitutional Reference (special Case Referred Under Section 84 Courts of Judicature Act 1964) / Rehearing Before the Federal Court; Remitted to High Court for Final Disposal
Outcome
Federal Court answered the referred constitutional questions in the negative and held the impugned amending Acts and the NSCA valid; special case remitted to the High Court for final disposal
Legal Topics
Basic Structure Doctrine, Royal Assent and Legislative Procedure, Article 149 Special Powers, Freedom of Movement Article 9, Proportionality, Validity of National Security Council Act 2016, Special Case Jurisdiction Under Section 84 CJA
Source Language
Malay/English
Constitutional Law Administrative Law National Security Law Statutory Interpretation Basic Structure Doctrine Royal Assent and Legislative Procedure Article 149 Special Powers Freedom of Movement Article 9 +3 more

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Parties

Datuk Seri Anwar Ibrahim

Appellant

Kerajaan Malaysia

Respondent

Majlis Keselamatan Negara

Respondent

Procedural Posture

Constitutional Reference (special Case Referred Under Section 84 Courts of Judicature Act 1964) / Rehearing Before the Federal Court; Remitted to High Court for Final Disposal

Legal Issues

  1. 1 Whether the Constitution (Amendment) Acts A566, A584 and A885 are unconstitutional for violating the basic structure of the Federal Constitution
  2. 2 Whether the National Security Council Act 2016 (NSCA) is unconstitutional because it was enacted pursuant to unconstitutional amendments (Article 66)
  3. 3 Whether the NSCA should have been enacted under Article 149 and thus is void for not complying with Article 149

Ratio Decidendi

The Federal Court held: (1) the amending Acts A566, A584 and A885 are not unconstitutional on basic-structure grounds and Article 66 as amended is valid; (2) the NSCA 2016 is not rendered invalid by any alleged unconstitutional amendments and need not have been enacted under Article 149 because it is validly enacted under Parliament's legislative powers (Article 74 and Ninth Schedule) and its scope includes non-subversion national security matters (eg disasters, public health); and (3) sections 18 and 22 of the NSCA do not violate Article 9(2) and are proportionate in context, therefore the NSCA is not unconstitutional on the grounds alleged; the special case is remitted to the High Court...

Court Disposition

Federal Court answered the referred constitutional questions in the negative and held the impugned amending Acts and the NSCA valid; special case remitted to the High Court for final disposal

Orders

  • Special case remitted to the High Court for final disposal in accordance with this judgment
  • Costs of proceedings in the Federal Court to be determined by the High Court pursuant to subsection 83(2) of the Courts of Judicature Act 1964