Consti Trivia for 🇲🇾 Day:
Did u know that, in 1963, Kelantan challenged the formation of the Federation of Malaysia (i.e. Malaya's decision to federate with Spore, Sabah & Sarawak)?
The "Kelantan challenge" resulted in a Federal Court decision [1963] MLJ 333.
Why did it do so?
The legal reason: the Malaysia Agreement abolishes the Federation of Malaya (which Kelantan is a part of) & thus violate the Fed of Msia Agreement 1957.
Therefore, the Executive had had to obtain the consent of each of Fed of Malaya states beforehand, including Kelantan Ruler.
The Fed Court rejected Kelantan's challenge.
It held that Parliament was within its powers to amend the Constitution to efectuate the Malaysia Agreement, & there was no need to consult the States.
Thus, the Malaysia Agreement was validly signed by the Federal Government.
Chief Justice Thomson delivered the decision only 30 hours before Malaysia was to be declared.
He aptly put it as such: "Never, I think, has a judge had to pronounce on an issue of such magnitude on so little notice and with so little time for consideration."
The political reason?
This article suggests that PMIP (later PAS) - under Dr Burhanuddin Al-Helmy - which controlled Kelantan, preferred instead a merger of Malaya, Indonesia and the Philippines, to form Melayu Raya.
freemalaysiatoday.com/category/opini…
The rest is history.
Singapore later split. Sabah & Sarawak were the founding States of Malaysia & we have been together ever since 1963.
But Sabah/Sarawak have also not been treated as equal partners.
It remains to be seen if federalism in the true sense will come to fruition
Typo correction: it was the Federation of Malaya Agreement 1948. Not 1957.
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