INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

END OF SEMESTER EXAMINATION

SEMESTER 1, 2013/2014 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme : Bachelor of Laws Level of : Second

Study

Reading Time : 2.30 p.m. – 2.45 p.m. Date : 7.1.2014

Duration : ( 15 minutes )

Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections

Duration ( 3 hours )

Course Title : Constitutional Law I Course Code : LAW 2250

This Question Paper Consists of 6 Printed Pages With 6 Questions.

INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.

Answer FOUR (4) Questions Only.

REFERENCES ALLOWED

NIL

Any form of cheating or attempt to cheat is a serious

offence which may lead to dismissal
Statutes should be free from any form of annotation.

APPROVED BY
QUESTION 1

Members of the Reid Commission who drafted the Independence Constitution for the

Federation of Malaya comprised of citizens of other countries. They only spent a few

months in Malaya and the remaining time was used to draft the constitution in Rome

before it was presented to the British Government, the Malay Rulers and the Malayan

Government. The Independence Constitution nevertheless is regarded as incorporating

the aspirations and wishes of the local population due to its indigenous elements.

Referring to the above statement do you think that our constitution lacks its indigenous

elements? Discuss.

(15 marks)

QUESTION 2

“By Article 39, the executive power of the Federation is vested in

the Yang di-Pertuan Agong and exercisable subject to the

provisions of any federal law and of the Second Schedule, by him

or by the Cabinet. However Article 40 limits the executive

authority of the Yang di- Pertuan Agong to acting on the advice of

the Cabinet or of a minister acting under the general authority of

the Cabinet…”

2
 Chang Min Tat j in Madhavan Nair v. Government of Malaysia [1969] 1 MLJ

119.

Discuss the above statement in relation to the role of Yang di-Pertuan Agong as

provided in the Federal Constitution. Can a civil or criminal charge be instituted

against the Yang di-Pertuan Agong or a Ruler of a State?

(15 marks)

QUESTION 3

A crucial pre-Merdeka compromise between the Malays and the non- Malays was that

the religion of Islam would be given a special exalted position in the Constitution. The

rules relating to an official religion in Article 3, while analogous to similar provisions in

many other Constitutions, have obvious implications for preferential State support for

Islam over other religions.

Explain the scope and implications of the constitutional provisions on Islam as the

religion of the Federation.

(15 marks)

3
QUESTION 4

Answer ALL questions.

(a) Zack, a famous and outspoken political leader is also a Member of Parliament. He

had occasionally expressed his opinion especially on national policies which he

thinks may not benefit the aspiration of the country with regards to national

cohesion.

On one occasion, during a parliamentary sitting which was debating on a Bill

regarding racial harmony he had touched on the government’s policy on

vernacular school which he said had hindered social integration among the

younger generations today. As such he stood up and said “We should abolish the

vernacular schools. The non-Malays are the immigrants. Why should they be

given such a privilege?” On a different occasion organized by a non-

governmental organisation he had repeated his statement when delivering a

speech over a luncheon talk.

Ganesan, a member of parliament, thought that such statement was seditious and

he came to you for legal advice.

(10 marks)

(b) Discuss on the disqualifications for membership of Parliament.

(5 marks)

4
QUESTION 5

“ …unlike in India where a pensionable officer has a right, a lien

and a title to his post equivalent to property, in Malaysia there is no

such right as against the government to continuity of employment,

promotion or pension. The courts should not fetter the undoubted

discretion of the government to terminate the services of the Public

servant”.

Per Suffian LP. in Government of Malaysia v. Mahan Singh [1975]

2MLJ at 155.

Based on the above, explain both, the protections and exceptions that are provided

under article 135 when a public servant is to be dismissed or reduced in rank.

(15 marks)

5
QUESTION 6

“It would appear….art.121 neither bars persons, as distinct from

courts, other than the executive from exercising executive

functions, nor is judicial authority vested and reserved in the courts

to the exclusion of all else”

Abdul Wahab Patail J in Datuk Seri S Samy Vellu v. S Nadarajah

[2002] 3 CLJ at 776.

In relation to the above discuss the concept of judicial power as provided for by

the current article 121(1). Explain how does the Constitution safeguard the

independence of judiciary in Malaysia?

(15 marks)