The High Court has the jurisdiction to determine constitutional validity, while exclusive jurisdiction for certain matters rests with the Federal Court.

JUDGMENT

Ahmad Kamal Md Shahid J:

Introduction

[1] The Plaintiffs on 4 February 2021 filed an Originating Summons WA-24-6-02/2021 (OS 6) (encl 1) essentially seeking to declare the Emergency (Essential Powers) Ordinance 2021 and Constitution (Amendment) Act 1981 unconstitutional.

[2] The First Plaintiff is the entity that is the Secretariat for work undertaken in the name of the Coalition for Clean and Fair Elections, or better known as BERSIH 2.0. The First Plaintiff sues as an organisation.

[3] The Second Plaintiff is the President of the Malaysian Academic Movement (Pertubuhan Pergerakan Tenaga Akademik Malaysia), or better known as GERAK. The Second Plaintiff sues on behalf of the organisation.

[4] The Third Plaintiff is the President of ALIRAN (Persatuan Aliran Kesedaran Negara). The Third Plaintiff sues on behalf of the organisation.

[5] The Fourth Plaintiff is the entity that is the Secretariat for work undertaken in the name of Suara Rakyat Malaysia, or better known as SUARAM. The Fourth Plaintiff sues as an organisation.

[6] The Fifth Plaintiff is the Vice President of The Kuala Lumpur and Selangor Chinese Assembly Hail (Dewan Perhimpunan China Kuala Lumpur dan Selangor). The Fifth Plaintiff sues on behalf of the organisation.

[7] The Sixth Plaintiff is the entity that is the Secretariat for work undertaken in the name of SAVE RIVERS. The Sixth Plaintiff sues as an organisation.

[8] The Seventh Plaintiff is the entity that is the Secretariat for work undertaken in the name of Centre for Independent Journalism, or better known as CIJ. The Seventh Plaintiff sues as an organisation.

[9] The Eighth Plaintiff is the Chairperson of the Coalition for Clean and Fair Elections, or better known as BERSIH 2.0. He sues as an individual.

[10] Through the OS 6, the Plaintiffs seek inter alia the following reliefs:

i. A declaration that Emergency (Essential Powers) Ordinance 2021 promulgated under art 150(2B) of the Federal Constitution ( FC ) is unlawful and unconstitutional, and therefore null, void and of no effect;

ii. Alternatively, a declaration that s 14 of the Emergency (Essential Powers) Ordinance 2021 is unlawful and unconstitutional, and therefore, null, void and of no effect;

iii. A declaration that s 15(d) of the Constitution (Amendment) Act 1981 (Act A514) adding art 150(8) of the FC that purportedly ousts the jurisdiction of the courts is unconstitutional for violating arts 4, 8 and 121 of the and/or the basic structure of the .

[11] On 17 March 2021, the Plaintiffs, pursuant to s 84 of the Judicature Act 1964 (CJA), filed an application to refer 7 (seven) constitutional questions to the Federal Court (Enclosure 7).

[12] a) The 7 (seven) constitutional questions are as follows:

i) Whether s 15(d) of the Constitution (Amendment) Act 1981 (Act A514) which added art 150(8) of the FC that purportedly ousts the jurisdiction of the courts in its entirety is unconstitutional for violating arts 4, 8 and 121 of the ;

ii) Whether art 150(8)(b)(iii) of the FC , even if valid, only prevents the courts from reviewing the validity of an Ordinance made under art 150(2B) of the but does not prevent the review of any of the provisions of the Ordinance;

iii) Whether art 150(8) of the FC , even if valid, prevents the courts from reviewing the constitutionality of an Ordinance made under art 150(2B) of the that does not comply with, or that seeks to prevent, frustrate and/or disable, the requirements of art 150(3) of the to have such Ordinance laid before both Houses of Parliament;

iv) Whether the words "Notwithstanding anything in this Constitution" contained in art 150(8) of the FC , even if valid, includes art 150 of the ;

v) Given that both Houses of Parliament had not been dissolved but only stood adjourned sine die at the relevant times, whether the Proclamation of Emergency issued on 11 January 2021 vide, PU(A) 7/2021 and the Emergency (Essential Powers) Ordinance 2021 promulgated on 14 January 2021 vide PU(A) 12/2021 had to