Hi, may you help me with this question please. I don't know how to answer it.

Following discussion in the case of Pathmanathan a/l Krishnan (also known as Muhammad Riduan bin Abdullah) v Indira Gandhi a/p Mutho and other appeals [2016] 4 MLJ 455 para 85:

[85] It is well settled that Malaysia, like India, is a country which has a written constitution and

in consequence the constitution is supreme. Executive decision as well as legislative action is

subject to the framework of the constitution. The three pillars, the Executive, Legislature and

the Judiciary have taken an oath to preserve, protect and defend the constitution. By the oath

of office, they are not allowed to make any arbitrary decision in any of their decision-making

process. They are, by the sacrosanct oath of office, had undertaken to protect the fundamental rights enshrined in the Federal Constitution. They can only do so if they apply the rule of law relating to constitutional supremacy. Ironically what has transpired in Malaysia is that some of the courts' decisions are only based on constitutional supremacy and a large majority of the decision which affects the fundamental rights are based on parliamentary supremacy. Those important decisions which was based on the jurisprudence relating to parliamentary supremacy appears not to have inspired confidence in the judicial decision-making process and the cause of convoluted jurisprudence inconsistent with the oath of office. It all started as a result of the infamous case of Government of Malaysia v Lim Kit Siang; United Engineers (M) Berhad v Lim Kit Siang [1988] 2 MLJ 12, where the Supreme Court by majority had ruled that a taxpayer had no locus standi to question the policy of the government and the court by majority in that case said it will not interfere with the policy of the government.

How true is the above judicial statement that a large majority of the decision which affects

the fundamental rights are based on parliamentary supremacy in Malaysia?

(Under Federal Constitution of Malaysia).

Thank you.