The court has power to declare any Federal or State law invalid on any of the

The court has power to declare any federal or state

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The court has power to declare any Federal or State law invalid on any of the above three grounds. The court's power to declare any law invalid on grounds (2) and (3) is not subject to any restrictions, and may be exercised by any court in the land and in any proceeding whether it be started by Government or by an individual. But the power to declare any law invalid on ground (1) is subject to three restrictionsprescribed by the Constitution. First, clause (3) of article 4 provides that the validity of any law made by Parliament or by a State legislature may not be questioned on the ground that it makes provision with respect to any matterwith respect to which the relevant legislature has no power to make law, except in three types of proceedings as follows:– (a) in proceedings for a declaration that the law is invalid on that ground; or (b) if the law was made by Parliament, in proceedings between the Federation and one or more states; or (c) if the law was made by a State legislature, in proceedings between the Federation and that State. It will be noted that proceedings of types (b) and (c) are brought by Government , and there is no need for any one to ask specifically for a declaration that the law is invalid onthe ground that it relates to a matter with respect to which the relevant legislature has no power to make law. The point can be raised in the course of submission in the ordinary way. Proceedings of type (a) may however be brought by an individual against anotherindividual or against Government or by Government against an individual, but whoever brings the proceedings must specifically ask for a declaration that the law impugned is invalid on that ground. Secondly, clause (4) of article 4 provides that proceedings of the type mentioned in (a) above may not be commenced by an individual without leave of a judge of the Federal Court and the Federation is entitled to be a party to such proceedings, and so is any State that would or might be a party toproceedings brought for the same
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Page 3 of 3 AH THIAN v GOVERNMENT OF MALAYSIA purpose under type (b) or (c) above. This is to ensure that no adverse ruling is made without giving the relevant government an opportunity to argue to the contrary.
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