ON Feb 9, 2024, the Federal Court in the Nik Elin and Tengku Yasmin case ruled that 16 provisions of the Kelantan Syariah Criminal Code Enactment 2019 were unconstitutional on the ground that they were trespasses on the Federal List in Schedule 9 of the Federal Constitution.
The erudite decision was a strong affirmation of the fundamental principles of constitutional supremacy and our apex law’s clear demarcation of federal-state legislative power in the Ninth Schedule’s Federal and State Lists.
