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States can't pass laws that fall under Federal List: Apex court | Daily Express Online


Published on: Friday, February 26, 2021
By: Bernama
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PUTRAJAYA: The Federal Court here on Thursday declared as unconstitutional a provision in the Selangor syariah law which makes it an offence to engage in unnatural sex.
A nine-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat held that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 relates to matters that fall under the Federal Constitution’s Ninth Schedule Federal list, under Parliament’s power to enact laws.
She said Section 28 contravened the State List in the Ninth Schedule of the Federal Constitution, which stipulated that state legislatures have no power to make law on matters that were included in the Federal List. She said the primary power to enact criminal law lies with Parliament. ....

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