Mohd Nazlan Mohd Ghazali J:

Introduction

[1] These two suits essentially sought to declare that the existence of vernacular schools in this country is against the Federal Constitution. This Court heard these suits under O 14A of the Rules of 2012 by way of examining the approved questions of law, principally on whether the statutory provisions governing vernacular schools are contrary to the Federal Constitution and whether the existence of the vernacular schools infringes certain other constitutional provisions.

[2] At the end of the hearing of the questions under the O 14A proceedings, which were held in open Court for over two days, I answered the questions in the negative, highlighted my main reasons for the same, and consequently ordered that both the suits be dismissed. This judgment contains the full reasons for my decision.

Key Background Facts

[3] The 1st plaintiff in the first suit (Suit 84) is the President of Gabungan Pelajar Melayu Semenanjung (GPMS) and is suing on its behalf, whilst the 2nd plaintiff is the Secretary of Majlis Pembangunan Pendidikan Islam Malaysia (MAPPIM) and is suing on its behalf. The 3rd plaintiff is a representative of Gabungan Persatuan Pen