Azalina: JAC Act not binding in judge appointment process
"The appointment of judges to the Federal Court, Court of Appeal and High Court is subject to Article 122B of the Federal Constitution, which requires the Prime Minister to advise the Yang di-Pertuan Agong and the Conference of Rulers.
"The JAC Act is more about screening, assessing and arranging (recommending) names of candidates, but it is not a binding or finalising act. Its recommendations are not binding.
"The names vetted by the JAC must still go through the procedures set out under Article 122B.
"If the intention is to make the JAC process binding, then the Constitution would need to be amended," she said.
She said this during a press conference after attending the Pengerang Umno division delegates' meeting here today.
Azalina, who is also Umno information chief, also urged all parties to refer to the Hansard of the Dewan Rakyat during the tenure of former minister in the Prime Minister's Department (Law), Datuk Seri Mohamed Nazri Abdul Aziz.
"At the time, Nazri explained that the JAC Act was more administrative in nature and not binding.
"If there is an intention to make it binding, amendments must be made to the Constitution.
"However, Article 122B has yet to be amended.
"The provision does not state that there is a JAC Act that must be binding. So, when we interpret this law, it is clear there is a distinction between the two (the JAC Act and Article 122B)," she said.
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