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
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