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.
1. At the outset, if one follows the Reid Commission report & the events leading to drafting of Consti (spearheaded by the multiracial Alliance Party), one would know the Consti was DESIGNED to cater to a multiracial country.
2. There were long discussions & finally a delicate balance was struck on citizenship (for non-Bumis) & affirmative action (for bumis). That itself shows how carefully our founders took into account the multiracial reality of Msia.
(b) TLDM mahu sistem peluru NSM (KDA), MINDEF luluskan MBDA (DCNS)
(c) 4 peralatan diangkat MINDEF ke MOF tanpa dirujuk TLDM, MOF luluskan keesokan hari!
2. Anda perasan nama DCNS dibangkitkan banyak kali?
Amat meragukan. JKSTUPKK dapati BNS bersungguh2 mahu Gowind (DCNS) kerana telahpun runding awal, 2 hari lepas Zahid Hamidi luluskan, BNS telah keluar surat niat.
DCNS kebetulan terlibat dlm skandal kapal selam Scorpene dahulu
Main wrongdoings highlighted by PAC not unearthed in these charges:
1. Why was SIGMA design changed to GOWIND, leading to ex-Navy Chief saying "something is gravely wrong"? Who benefitted from this?
2. Why did BNS appoint CAD & CED, leading to balooning purchasing costs?
3. Why did Gov direct nego awarded contract to BNS, when it was alrdy in financial trouble & on contractual terms which PAC found extremely disadvantaged Gov? Who benefitted from this?
There are greater forces at play who are not held responsible.