11 Nov 2019
Mohd Khairul Azam bin Abdul Aziz 1. Menteri Pendidikan Malaysia 2. Kerajaan Malaysia
- Citation
- BKA-2-10/2019 (W) (Mahkamah Persekutuan)
- Court
- W
- Case number
- BKA-2-10/2019 (W) (Mahkamah Persekutuan)
The application for leave was dismissed because the applicant sought to challenge the impugned provisions as inconsistent with Article 152 (a constitutional inconsistency) rather than alleging Parliament had legislated on a matter entirely outside its legislative competence under the Ninth Schedule; such challenges are within the High Court's original jurisdiction and do not require Article 4(4) leave. Parliament has legislative competence over education (Item 13, Federal List) and entries are to be construed broadly, so the leave application was misconceived.