Page:Agreement relating to Malaysia (1963).djvu/33



custom in a Borneo State ; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language."


 * 40. In Article 4 of the Constitution» in Clause (3) (under which a law may not be questioned as going beyond the powers of Parliament or of the State Legislature as the case may be, except in proceedings between the Federation and a State or States) after the word " except " there shall be inserted the words " in proceedings for a declaration that the law is invalid on that ground or " ; and at the end of the Article there shall be added as a new Clause (4)—


 * " (4) Proceedings for a declaration that a law is invalid on the ground mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Federal Court ; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause."


 * 41. In Article 169 of the Constitution (which extends to certain pre-Merdeka obligations of the United Kingdom the power of Parliament to legislate for implementing international obligations of the Federation) there shall be added at the end as paragraph (c)—


 * " (c) in relation to the Borneo States and to Singapore paragraphs (a) and (b) shall apply with the substitution of references to Malaysia Day for the references to Merdeka Day and of references to the territories comprised La those States or any of them for the references to the Federation or any part thereof."


 * 42. (1) Subject to Clause (2), in relation to a Borneo State and in relation to Singapore, Clause (4) of Article 76 shall not apply, nor shall paragraph (b) of Clause (1) of that Article enable Parliament to make laws with respect to any of the matters mentioned in Clause (4) of that Article.


 * (2) This Article shall cease to have effect in the case of Singapore if Parliament with the concurrence of the Governor so provides.


 * 43. (1) In relation to a Borneo State and in relation to Singapore, Articles 91, 92, 94 and 95A shall have effect subject to the following Clauses.


 * (2) Subject to Clause (5), under Article 91 and under Article 95A the State government shall not be required to follow the policy formulated by the National Land Council or by the National Council for Local Government, as the case may be, but the representative of the State shall not be entitled to vote on questions before the Council.