For those reasons in my opinion Rigby J was right when he held that the

For those reasons in my opinion rigby j was right

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delegation. For those reasons, in my opinion, Rigby J., was right when he held that the Constitution had given the power to appoint and to dismiss police officers to the Police Service Commission to the exclusion of the prior existing powers of the Commissioner of Police. It cannot, in my opinion, be overlooked that the submission of the learned Attorney- General gives no meaning to the words, "and of this Constitution." The point was not dealt with by him but it seems to me that the only argument open to him would be to submit that in the event of conflict when interpreting Article 144 the existing law prevailed because of the actual wording but this argument would be answered by pointing out that the converse must be the case in interpreting Article 176 and the dilemma I have mentioned would then arise. If to avoid the dilemma one gives to the word "and" the meaning of "or" then in my opinion you are forced back to the basic principle that a written constitution is fundamental. In case I am wrong in this I have to consider whether as is relied upon by Rigby J. Clause 6 of Article 162 had to be applied. The answer to this question depends upon the meaning to be given to the word, "necessary," bearing in mind the distinction to which the Attorney-General drew attention between the powers of the Yang di-Pertuan Agong to modify and the powers of the Court, namely, that His Majesty was entitled to modify for reasons of expediency. I have reached the conclusion that the words, "necessary," (although I do not attempt to provide a full definition of the word) must include what is essentially required to give effect to the Constitution. In my opinion even if I be wrong in my interpretation of the Constitution as set out above, the use of Clause 6 of Article 162 by the Courts has become necessary to give effect to the permanent provisions of the Constitution and, in particular, Article 140, unless I read for the words, "all members of the police service," the words, "gazetted police officers only," and this with respect to the other members of the Court I find myself unable to do. In my opinion it is the duty of the Courts to make the necessary modification. I would therefore agree with [*141] Rigby J., that if the construction previously given is at fault, the Court is under a duty to bring into operation Clause 6 of Article 162. It was mentioned by the Attorney-General in the course of his argument that the modification under Clause 4 of Article 162 by His Majesty in respect of any other provisions of an existing law would preclude the exercise by the Court of its power under Clause 6. The Attorney-General beyond making this submission did not develop the argument, and I am not certain how far he wished that submission to be taken. In my opinion, however, having regard to the wideness of His Majesty's power and the definition of the term, "law", this argument is fallacious. In any case it is purely academic because the time for modification by His Majesty has now expired and
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