Section 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.”

Act 26/1963

Power of Parliament to give effect to existing treaties, etc. for