JUDGMENT

Introduction

[1] This is a special case referred to the Federal Court from the High Court pursuant to s 84 of the Courts of Judicature Act ("CJA").

[2] My learned brothers Azahar Mohamed CJM and Zawawi Salleh, Abang Iskandar Abang Hashim, Idrus Harun FCJJ have read this judgment in draft and expressed their agreement for it to be the majority judgment of the court.

Background

[3] The parties will be referred to as they were in the High Court. The plaintiff filed an Originating Summons in the High Court seeking the following reliefs:

(i) A declaration that s 12 of the Constitution (Amendment) Act 1983, s 2 of the Constitution (Amendment) Act 1984, and s 8 of the Constitution (Amendment) Act 1994 ("the Amending Provisions") are unconstitutional, null and void, and of no effect;

(ii) A consequential declaration that arts 66(4) and (4A) of the Federal Constitution ("FC") are unconstitutional;

(iii) A declaration that the National Security Council Act 2016 ("NSCA") is unconstitutional; and

(iv) An injunction to restrain the National Security Council from taking any steps or acting on the NSCA.

[4] At the High Court, the parties agreed for constitutional questions to be referred to the Federal Court for determination under s 84 of the CJA. On 14 March 2019, the learned High Court Judge referred the following two constitutional questions to this court by way of a special case pursuant to s 84 of the CJA: