Sunday, April 19, 2009

Federal Court and Perak State Assembly

Can the Courts overrule the legislature?

The Federal Constitution is clear as a crystal on the legitimate rights of the state assembly and its speaker.

Under Article 72 of the constitution, the privileges of Legislative Assembly are as follows:-

(1) The validity of any proceedings in the State Assembly of any State shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.


Even laypersons,like you and me, have no difficulty in understanding these provisions but extremely learned judges of the highest court in the land don't seem to.May be they know something which more than 25 million Malaysians don't

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