It is made even clearer by Clauses 4 and 6 of Article 162 That of course brings

It is made even clearer by clauses 4 and 6 of article

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subordinate tribunals. It is made even clearer by Clauses 4 and 6 of Article 162. That, of course, brings us to the problem of when does a temporary and transitional provision under the Constitution cease to be effective. Before dealing with that it is pertinent I think to refer to the submission made in Court by the Attorney-General that the Police Service Commission had not come into existence or did not exist. This submission, in my opinion, was incorrect because Article 148(1) refers to the Commissions established under Articles 139 to 141 not I would point out to be established. Again it is to be noted that by Gazette notification 733 — admittedly not published until 1960 notification was given of the appointment by the Yang di-Pertuan Agong (the authority for appointment of members of the Police Service Commission) as from the date on which the Constitution came into force and effect. To return to the question of the length of time the temporary and transitional provisions continue in operation, I would say that, having regard to what one may describe as the facts of life affecting the Constitution and which I have referred, it was until the body or tribunal to whom under the Constitution the powers and functions are being transferred can operate. During the course of argument Article 4(1) came up for consideration and it was suggested that the words, "and any law passed after Merdeka Day which is inconsistent with this Constitution shall to the extent of the inconsistency be void", led to the inference by applying the maxim expressio unius exclusio alterius that as against existing law the Constitution was not supreme. I am unable to agree with this suggestion as in [*138] my opinion the Constitution "kills" existing law and that existing law can only survive by virtue of the provisions of the Constitution, that is to say, the validity in continuance of the existing law depends upon the Constitution itself. One can almost say it creates it or at least that it re-creates it. Again, to draw the inference that was suggested to my mind overlooks the elementary principle of constitutional law that a constitution especially a constitution in writing is fundamental. In my opinion after a consideration of the Constitution in its entirety the combined effect of Articles 140 and 144 is to create a Police Service Commission with jurisdiction over all members of the police
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Page 22 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA service which Commission shall perform its duties in accordance with the principles of and the procedure created by existing law as at Merdeka Day. To test the conclusion to which I have come by following the method of approach adopted by the Attorney-General in his argument and endeavouring to give to the words, "subject to," their ordinary meaning, I have Searched — and I hope diligently — the various authorities in which the words, "subject to," have been the subject of construction by the Courts. The Attorney-General was content to rely upon one small quotation from an American work in which
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