AGC explains judicial appointment process under Federal Constitution
The clarification comes in response to recent calls for an inquiry into judicial appointments.
The AGC stated that the Prime Minister holds a constitutional duty to advise the King on judicial appointments, ensuring the judiciary's independence and integrity.
'The Prime Minister cannot be regarded merely as a conduit for recommendations from any party,' the AGC said.
Recent appointments to the High Court and Court of Appeal were confirmed last month, pending final formalities. The AGC stressed that delays in processing nominations must be viewed within the framework of the Federal Constitution.
The statement addressed concerns raised by Pandan MP Datuk Seri Rafizi Ramli and others, who had urged for a Commission of Inquiry and Parliamentary Select Committee to review judicial appointments. The AGC acknowledged public interest in maintaining confidence in the judiciary but reiterated that constitutional processes must be respected.
Under Article 122B of the Federal Constitution, judges are appointed by the King upon the Prime Minister's advice, following consultation with the Conference of Rulers. The Judicial Appointments Commission Act 2009 governs candidate recommendations, though final authority remains with the Prime Minister.
Regarding claims that a Judicial Appointments Commission (JAC) meeting was convened without proper notice, the AGC clarified that the JAC may proceed in urgent cases with unanimous member agreement.
'Procedural matters do not invalidate JAC deliberations unless mala fide or prejudice is proven,' the statement read.
Allegations of judicial interference were described as premature and speculative. The AGC dismissed comparisons to the 2007 VK Lingam case, noting that current claims lack credible evidence of misconduct.
While parliamentary committees may examine governance issues, the AGC cautioned against politicising constitutional appointments.
'Both the King and Prime Minister must exercise their powers independently,' the statement emphasised.
The AGC urged restraint, stating that procedural discrepancies do not equate to a constitutional crisis. Strengthening institutional maturity, rather than speculation, was highlighted as key to upholding the rule of law. - Bernama
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
an hour ago
- The Star
New tax law scrutinised over judicial review powers
Legislative agenda: Masidi (left) arriving at the Sabah State Assembly in Kota Kinabalu. — Bernama KOTA KINABALU: The Sabah assembly passed sweeping amendments to a state tax law that strengthens collection and enforcement, amid concerns from lawmakers over its powers and potential to raise living costs. Legislators from both the Opposition and backbench also questioned the inclusion of a clause in the Sabah Sales Tax Enactment (Amendment 2025) that limits the court's ability to review the tax rate and how it is collected. State Finance Minister Datuk Seri Masidi Manjun said the amendments were to remove grey areas, plug loopholes and put in place a collection system that would benefit taxpayers. Speaking during the winding up of the debates on the 37 amendments, Masidi said that the state had sought the assistance of tax consultants and the state Attorney General in drafting the amendments to ensure that the new system was fair and clear. 'They are meant to ensure that all processes are conducted strictly with transparency and accountability. It also gives taxpayers justice and ensures that their rights are protected,' he said. During the debates, nominated assemblyman Datuk Yong Teck Lee (GRS-SAPP) raised concerns over an amendment to restrict judicial review, including on the amount of the tax. 'Last week, the Federal Court struck down a part of the Peaceful Assembly Act (PAA) because it was unconstitutional,' he said, referring to an apex court ruling that the requirement in the PAA to inform police before a rally was unconstitutional. 'I do not believe that our state assembly can limit judicial review,' he said. In response, Masidi gave his assurance that the power of judicial review would be maintained and no law should be exempted. 'In this amendment, we have an appeal tribunal if someone is not satisfied. This makes the amendment more transparent actually,' he said. He said the Sabah finance ministry, the tax collection agency and taxpayers will receive more clarity about the process. 'If they are unhappy, they can go to the tribunal court,' said Masidi. In response to concerns raised by Yong and Jamil Hamzah (Warisan-Bugaya), Masidi said the enactment did not overlap with federal taxes and both governments have separate laws and powers. State Opposition Leader Datuk Seri Mohd Shafie Apdal (Warisan-Senallang) questioned whether a new state tax would further burden the people. Instead of introducing new state taxes, he said Sabah should pursue the Malaysia Agreement 1963 (MA63) promise that 40% of all federal tax revenue be returned to Sabah. Shafie's concerns were echoed by Datuk Darell Leiking (Warisan-Moyog). Also at the Sabah State Assembly, Assistant Minister to the Chief Minister Datuk Abidin Madingkir said the passing of the Climate Change and Carbon Governance Bill 2025 formalises Sabah's commitment to climate leadership and recognises its rare global status as a net carbon sink. He tabled the Bill for its second reading yesterday, describing the legislation as a milestone. The newly-passed Bill establishes a two-tier governance system led by the Sabah Climate Action Council and a director to oversee carbon governance and greenhouse gas emissions. It also enshrines in law that all carbon rights belong to the state government. Crucially, the Bill mandates greenhouse gas reporting, the creation of a climate fund and the involvement of indigenous communities, especially in carbon projects taking place on native customary land. 'This gives us a significant and strategic head start in an increasingly carbon-constrained global economy. This means Sabah has already gone beyond what the world is asking for under the Paris Agreement. 'We have already done our part for Malaysia's 2050 net zero commitment under that agreement,' Madingkir said. He said the Bill provides a pathway for Sabah to lead nationally and internationally on climate governance, with full recognition of its constitutional rights over land, forests and water.
The Star
2 hours ago
- The Star
‘RCI on judicial picks not needed'
PETALING JAYA: The Attorney General's Chambers (AGC) has dismissed calls for a royal commission of inquiry (RCI) into judicial appointments, stating that the process was conducted in accordance with the Federal Constitution. In a statement yesterday, the AGC said the situation did not amount to a constitutional crisis, and any suggestion otherwise is unfounded, even if there were discrepancies in timing and procedure. 'Article 122B of the Constitution states that the appointment of superior court judges is made by the Yang di-Pertuan Agong on the advice of the Prime Minister, following consultation with the Conference of Rulers,' said the AGC. 'The appointments under the Federal Constitution must be handled carefully so that the roles of the Yang di-Pertuan Agong do not become a matter of 'political polemics'.' The AGC emphasised that it is inappropriate to politicise the roles of the Prime Minister or the Yang di-Pertuan Agong, as both institutions must operate independently under the Constitution. The statement was issued in response to demands from Pandan MP Datuk Seri Rafizi Ramli and several PKR MPs for an RCI and a parliamentary select committee hearing following delays in appointing top judicial positions, including the Chief Justice. Regarding allegations that Judicial Appointment Commission (JAC) meetings were convened without adequate notice, the AGC stated that in urgent situations, it is common for meetings to proceed with short notice if all members agree. 'Procedural matters should not invalidate JAC deliberations unless there is clear evidence of bad faith or prejudice,' it said. The AGC urged all parties to uphold the rule of law and the separation of powers, and to refrain from undermining institutional integrity with unwarranted public pressure or political narratives.
The Star
3 hours ago
- The Star
Malaysia, BRICS and the Global South's new chapter
Rising power: Prime Minister Datuk Seri Anwar Ibrahim at the BRICS Leaders' Summit in Rio de Janeiro. Malaysia's debut on the BRICS stage was an overture with a statement of intent on what's in the offing going forward. – Bernama IN Rio de Janeiro this week, something quietly historic unfolded. As the city welcomed leaders for the BRICS Summit, a fresh voice entered the conversation – Malaysia, a newly engaged BRICS partner country and current Chair of Asean. It wasn't just the setting that was momentous; the substance, too, defied expectations. Moments after touching down, Prime Minister Datuk Seri Anwar Ibrahim was ushered on stage alongside President Luiz Inácio Lula da Silva to open the BRICS Business Forum. What followed was not the usual speech-reading routine of international summits. Speaking with conviction, Anwar eschewed prepared remarks in favour of an unadorned, impassioned message that electrified the room and drew thunderous, sustained applause.
