Article 74 of the Federal Constitution provides that the Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List.
The State may make laws to any of the matters enumerated in the State and Concurrent List.There are 12 matters in the State List:-
1. Islamic law and personal and family law of Muslims; Malay customs; offences by Muslims; Syariah courts.
2. Land
3. Agriculture and forestry
4. Local government
5. Local Services
6. State works and water
7. Machinery of the State Government
8. State holidays
9. Offences against State Law
10. Inquiries for State purposes
11. Indemnity
12. Turtles and riverine fishing
Since Local Government is under State List, it is surprising that when Penang and Selangor state government wrote a letter to Election Commission, directing the Commission to hold election for local government election, the request was turned down. The head of Election Commission insisted that Federal Law has to be passed in order to confer power to the Election Commission to hold any Local Government election.
