PRIME MINISTER’S ROLE IN APPOINTMENT OF JUDGES
The Chief Justice is appointed by the king, also known as the Yang di-Pertuan Agong, on the prime minister’s advice and after consultation with the Conference of Rulers made up of the heads of the country’s royal households.
Malaysia established a Judicial Appointments Commission (JAC) in 2009 that proposes qualified judicial candidates to the prime minister.
The JAC Act was meant to ensure that the selection process of judges would be unbiased, but lawyers told CNA previously that, in practice, new appointments often attract intense lobbying by politicians and segments in Malaysia’s royal households.
There has been talk that Terrirudin Mohd Salleh – Malaysia’s former Attorney General who was appointed to the Federal Court in November 2024 with the backing of Anwar –is being promoted by politicians and segments of the royal households to be the next Chief Justice, CNA reported in February.
In April, then-Chief Justice Tengku Maimun said removing the prime minister’s role in the appointment of judges could free it from any perception of political influence.
There have been proposals to amend the JAC Act 2009 and the Federal Constitution to remove the role of the prime minister in the appointment of judges, she said in a speech at the 24th Commonwealth Law conference in Malta, as reported by news site Free Malaysia Today.
“Such changes, in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence,” she said.
Anwar said on Monday he has never interfered in judicial matters including the appointment of judges.
“When someone retires, their service is not automatically extended,” he said at the Prime Minister’s Department monthly assembly.
“Some asked if this is the prime minister’s decision? But if one understands the Federal Constitution, they would know the process,” he said, as reported by media outlet New Straits Times (NST).
“Just look at the recent appointments where they go to the King, then are presented for discussion with the Conference of Rulers. So all these procedures must be followed,” he said.
The appointment of judges should not be politicised, Anwar added.
