Limitation on Constitutional Rights 95. For the avoidance of doubt, we have also reached a conclusion that section 11 of the Pension Act and the gazetted exemption Order complained of, do satisfy the conditions for the limitation of human rights as stipulated in section 44(1) and (2) of the Constitution. 96. First and foremost, a limitation on a constitutional right must be prescribed by law in this case the Pension Act. Delegated legislation which is the law promulgated by an authority empowered by Parliament to do so, constitutes ‘law’ for the purposes of section 44(1) of the Constitution. In this regard, the Pension (Exemption) Order promulgated by the Minister responsible for finance which includes domestic workers in the category of employees exempted from mandatory occupational pension scheme meets the condition that ‘the limitation must be prescribed by law’. 97. It is a legal requirement that laws prescribing restrictions or limitations must be of general application. This requirement embodies the principle that laws must apply impersonally; the law must apply to everyone equally; and must not target specific persons. 98. In the Chinthiti Case, a law that empowered a Minister to direct any case or class of case to be tried without a jury was found to be reasonable and constitutional. This was a limitation on a right to jury trial in all criminal cases tried in the High Court. Within the same vein, section 11 of the Pension Act which empowers the Minister responsible for finance to exempt certain Page 35 of 45

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