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2025 MarsdenLR 3913

FEDERAL COURT PUTRAJAYA
KETUA PENTADBIR PARLIMEN MALAYSIA & ORS – Appellant
Versus
DATUK HAJI IDRIS HAJI BUJANG & ANOR – Respondent


Petitioner Advocates:Rahazlan Affendi Abdul Rahim,Liew Horng Bin,Nur Syazwani Abdul Aziz ,Respondent Advocate: Krishna Dallumah,Steven Thiru,Shankar Ram Asnani,Indran Kumaraguru,Nasuha Badrul Din,Chong Jen Hui,Yong Yoong Hui

JUDGMENT

Hasnah Mohammed Hashim CJM:

Introduction

[1] This appeal raises the question of whether retired Members of Parliament are entitled to a revision of their pensions when there is a revision of the salary of serving Members of Parliament.

[2] On 2 July 2024, this Court granted leave in respect of the following questions:

Question 1

In view of the subsequent amendments made to the long title, s 20 of the Interpretation Acts 1948 and 1967 [Act 388] and insertion of new s 17A vide Act A996, whether s 20 of the Interpretation Acts 1948 and 1967 [Act 388] after its amendment, has dispensed with the need for an express power to be given by the Parent Act and that the delegated authority is entitled to legislate retrospectively notwithstanding the absence of any express provision in its Parent Act?

Question 2

Whether the decision in Kerajaan Malaysia v. Wong Pot Heng & Anor; [1997] 1 MLJ 437; [1997] 2 CLJ 188; [1997] 1 AMR 850 which enunciated that 'a subsidiary legislation could only be made with retrospective operation if it was authorised by an express power in, or by necessary implication from its Parent Act' is no longer binding in view of the subsequent amendments made to the long t

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