Can a state law be challenged for exceeding legislative power?

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A State Law Can Be Challenged for Exceeding Legislative Power

A state law can indeed be challenged on the grounds that the State Legislature lacked the authority to enact it. Article 4 of the Federal Constitution explicitly permits any party to initiate such a challenge. This process requires the challenging party to first obtain permission from a single Judge of the Federal Court, serving as a preliminary filter to ensure the challenge is not frivolous.
Legal Basis for Challenging State Laws

The Federal Constitution, specifically Article 4, provides the legal framework for challenging both federal and state laws. For a state law, the challenge must be based on the assertion that the relevant State Legislature exceeded its constitutional powers in its enactment. The initial procedural step involves securing leave from a Federal Court Judge, a mechanism designed to prevent vexatious litigation.
Naming the Relevant Government in Challenges

When a state law is challenged, the legal requirement is for the challenging party to name the specific state government whose law is under scrutiny. In the instance of Nik Elin and her daughter challenging provisions of the Kelantan Syariah Criminal Enactment, the Kelantan state government was correctly identified and named as the respondent.
Federal Government's Entitlement to Participate

While the challenging party must name the state government, the federal government holds the entitlement to be a party in any proceeding where a state law is contested. This provision ensures that the federal perspective and interests are represented. The federal government's decision on whether to intervene rests with them. In the case involving the Kelantan Enactment, the federal government was aware of the proceedings and made a conscious decision not to intervene, a stance that was formally placed on record before the Federal Court.

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Can a state law be challenged for exceeding legislative power?

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