Question :

People in the State of Akasia disputed the newly formed government for not being elected by the people and merely a creature of the greedy politician that has taken matters into their own hands, thus disrespecting the people's voices. The has resulted in the active posting on social media condemning various activities of the current government. Several postings have enticed the people to demonstrate public riots, street rallies and aggressive demonstrations in several states. Zadih, the Minister of Telecommunication and Technology, thinks that there is an urgency to propose passing a law to regulate violence prompting posting on social media. The proposed provision of the new law restricts the freedom of speech and expression on any matter relating to the government' administration or government's expenditure. Any person committing such offence under the new law may be arrested without a warrant and detained for an uncertain term that the Director-General of Defence shall decide following his discretion on the necessity of investigation. In the executive meeting, the Minister of Education forwarded the idea for the amendment of the special privileges provision under Article 153 that all higher learning institutions should be opened to both Bumiputera and Non-Bumiputera. He prompted the idea that this would lead to the erosion of unity among Bumiputera and Non-Bumiputera.

The idea was rejected by the majority of the Cabinet. The Deputy Prime Minister explained the erosion of unity in Malaysia was contributed by many factors to which the deletion of special privileges provision will entice the Bumiputera to protest thus enlarging the conflict between the two groups. Feeling dissatisfied, through his cyber trooper team, the Minister of Education leaked the discussion on social media promoting the idea that the Deputy Prime Minister were the provocateurs on the discrimination against non-Bumiputera. This posting further instigated the people that were already expressing their dissatisfaction through public riots. Due to this agitation and provocation, the State of Akasia was thrown into turmoil in which Malays from the Malay rural areas in Akasia were bussed into the city for public demonstrations against the government. After discussing with the Prime Minister, the Yang Di-Pertuan Agong suddenly proclaimed an emergency for the State of Akasia and imposed curfews in all parts of Akasia. Some scholars had questioned the proclamation of emergency since only a minor disturbance involved Malays of the rural areas who were showing their dissatisfaction.

Under Malaysian Constitutional Law :

a) Critically discuss the power of Yang Di-pertuan Agong to proclaim emergency under Article 150 and the scope of Judicial Review on such proclamation. Support your answer with relevant cases and statutory provisions.

(10 marks)

b) Discuss the rule of basic structure will special reference to the special privileges provided under Article 153.

(10 marks)