6 Aug 2021
Datuk Seri Anwar Ibrahim 1. Kerajaan Malaysia 2. Majlis Keselamatan Negara
- Citation
- No: 06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
- Court
- RS
- Case number
- No: 06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
The amendment Acts A566, A584 and A885 are constitutional because they did not remove a substantive royal discretion and merely provided procedural certainty for assent; however the NSCA 2016, on its pith and substance, is a national security statute with emergency‑like special powers that abridge arts 5, 9, 10 and 13 and therefore falls within the class of legislation that must be enacted under Article 149; because it was enacted as ordinary legislation and not under Article 149 it is inconsistent with the Federal Constitution and void under Article 4(1).