Wan Ahmad Farid Wan Salleh J:

[1] This is an application in encl 92, made under s 84 of the Courts of Judicature Act 1964 ("CJA").

[2] Prayer (2) of the application seeks an order to stay the proceedings in this Originating Summons ("OS") to enable this Court to transmit a question that has arisen as to the effect of the Constitution in the form of a special case to the Federal Court.

[3] Section 84 of the CJA provides:

Where in any proceedings in the High Court a question arises as to the effect of any provision of the Constitution the Judge hearing the proceedings may stay the same on such terms as may be just to await the decision of the question by the Federal Court.

[4] In the amended OS, the plaintiff, who is an advocate and solicitor, seeks this Court to determine two questions which are as follows:

(i) Whether on a true construction of arts 40 and 50 of the Federal Constitution, the Yang di-Pertuan Agong has an unfettered discretion not to declare an emergency despite [the] advice of the Prime Minister or the Federal Cabinet to the contrary.

(ii) Whether Act A514 which amended art 150 by adding cls (8) and (9) is violative of the basic structure of the Federal Constitut