RICHARD MALANJUM, ZULKEFLI MAKINUDIN, GOPAL SRI RAM
SIVARASA RASIAH – Appellant
Versus
BADAN PEGUAM MALAYSIA – Respondent
Gopal Sri Ram FCJ:
[1] The appellant is an advocate and solicitor. He is also an office bearer of a political party and a Member of Parliament. He wishes to stand for and, if elected, serve on the Bar Council which is the governing body of the Malaysian Bar. Section 46A (1) of the Legal Profession Act 1976 ("the Act") prohibits him from doing so. It says, among other things not relevant here:
A person shall be disqualified for being a member of the Bar Council or a Bar Committee or of any committee of the Bar Council or a Bar Committee:
(b) if he is a member of either House of Parliament, or of a State Legislative Assembly, or of any local authority; or
(c) if he holds any office in:
(i) any trade union; or
(ii) any political party;
[2] The appellant challenged the constitutionality of s. 46A(1). His challenge failed before the High Court and the Court of Appeal. He has now appealed to us. The challenge is based on three broad grounds. First, that the section violates his rights of equality and equal protection guaranteed by art. 8(1) of the Constitution. Second, that it violates his right of association guaranteed by art. 10(1)(c). Third, that it violates his right to p
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