Section 39

In that Article for Clauses (5) and (6) there shall be substituted the following Clauses (5), (6) and (6a):

“(5)  Subject to Clause (6a), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this

Constitution, make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency;

and Article 79 shall not apply to a Bill for such a law or an

Malaysia 39

amendment to such a Bill, nor shall any provision of this

Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into operation of a law after it is passed or the presentation of a Bill to the

Yang di-Pertuan Agong for his assent.

Subject to Clause (6a), no provision of any ordinance promulgated under this Article, and no provision of any

Act of Parliament which is passed while a Proclamation of

Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

Clause (5) shall not extend the powers of Parliament with respect to any matter of Muslim law or the custom of the Malays, or with respect to any matter of native law or 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.”

Proceedings for questioning validity of federal or State law