Q.
What are the provisions in the Constitution that spell out its supremacy?
A.
The supremacy of the Federal Constitution is set out in Articles 4(1) and 162(6). It is also spelled out in the Malaysia Act 1963 as Section 73.
Article 4(1) refers to only laws made after Merdeka Day 31st August, 1957.
Article 162 deals with laws made before Merdeka.
Article 162(6) syncronizes pre-Merdeka laws with the Constitution so that the courts and tribunal may modify such laws to suit present condition.Thus, if in event of making a wrong law after Merdeka, such law shall be declared void by Article 4(1) as it is inconsistent with the Federal Constitution.
However, pre-Merdeka law which is inconsistent with the Constitution shall continue with modification so as to make it consistent with the Federal Constitution by Article 162(6).Section 73 of the Malaysia Act, 1963 (as effected by Article 159A of the Federal Constitution) refers to pre-Malaysia laws (on 16 Sep, 1963) of a State (like Sarawak, Sabah, Singapore - at that time a state of the federation of Malaysia). In the principle of safeguarding the various existing practices in different states above, such laws shall continue within the state concerned without affecting the Federation.
In other words, the Constitution shall be the highest law in these states, with some special reservations on laws of the local states (which only apply at state level) as existed on 16th Sep, 1963. Any laws after such day shall comply with the Federal Constitution, or else shall be void.
In such manner, from the verbatim of Article 4(1), the Constitution is unchallengeable. However, it has to be read with Article 159, which provides for the amendment of the Federal Constitution.
The question that arises is whether the highest law in the country - The Federal Constitution, the supreme law of the land - which is binding on the Parliament may itself be amended by the Parliament.