Is Article 150(8) unconstitutional under basic structure doctrine?

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Article 150(8) Does Not Violate the Federal Constitution's Basic Structure Doctrine

The High Court has ruled that Article 150(8) of the Federal Constitution does not contravene the basic structure doctrine and cannot be invalidated. This decision arose from a legal challenge initiated by lawyer Syed Iskandar Syed Jaafar Al Mahdzar, who sought a declaration that the constitutional amendment adding Clauses 8(a) and (b) to Article 150 was unconstitutional. The court found that matters pertaining to emergency powers are non-justiciable, meaning they are outside the purview of judicial review.
High Court Dismisses Constitutional Challenge

On February 15, 2024, the High Court in Kuala Lumpur dismissed Syed Iskandar's originating summons filed in 2020. The lawsuit contended that the Constitution (Amendment) Act 1981, which introduced specific clauses to Article 150, violated the fundamental principles of the Federal Constitution. However, the High Court determined that Article 150(8) is consistent with the constitution's core tenets and cannot be struck down.
Emergency Powers Deemed Non-Justiciable

In his grounds of decision, Justice Sequerah stated that issues related to emergency powers under Article 150 are non-justiciable. He explained that courts are not equipped to assess the validity of the Yang di-Pertuan Agong's satisfaction regarding national threats, as it would be impractical to present all pertinent facts for judicial scrutiny. Consequently, making value judgments on non-judicial matters through judicial review was deemed inappropriate.
Exclusion of Judicial Review for Sensitive Information

Justice Sequerah further elaborated that Clause 8 was incorporated to prevent judicial review of emergency proclamations and related ordinances. This exclusion is necessary because certain sensitive information is exclusively accessible to the Executive branch. Disclosing such information to the public and subjecting it to judicial review was considered imprudent, particularly as courts are ill-equipped to handle matters concerning national security.

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Is Article 150(8) unconstitutional under basic structure doctrine?

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