CHIEF Justice Tun Tengku Maimun Tuan Mat said proposed changes to remove the prime minister in the appointment of judges will reinforce the impartiality of the selection process.
She said there have been proposals to amend the Judicial Appointments Commission (JAC) Act 2009 and Federal Constitution to remove the role of the prime minister involving the appointment of judges.
"These amendments would ensure judicial appointments remain free from any perception of political influence," she said in her speech at the 24th Commonwealth Law Conference in St Julian's Bay, Malta, today as reported by The New Straits Times.
She said said Article 122B of the Federal Constitution sets out the process of consultation among the prime minister, the top judges, the Yang Di-pertuan Agong and the Conference of Rulers before any judicial appointment is made.
However, she said these constitutional provisions were deemed insufficient.
"As such, this constitutional framework was further bolstered by the JAC, which was established under the JAC Act 2009," she said.
Tengku Maimun said while appointments ultimately remain a prerogative exercised by the prime minister within the constitutional structure, the JAC plays a pivotal role in identifying and assessing candidates.
She said the JAC, established through the JAC Act, serves as an institutional safeguard to enhance the transparency, integrity and merit-based selection of candidates for judicial office.
She mentioned that this is achieved through a thorough and systematic evaluation process that looks at integrity, competence, experience, and hard work, ensuring that only the most qualified candidates are chosen for judicial positions.
She pointed out that the Federal Constitution includes specific provisions to protect judicial independence, such as job security, financial stability, and the authority to penalise anyone who disrupts the justice system or undermines the courts' dignity and independence, among other measures.
She noted that while these constitutional protections lay a solid groundwork for judicial independence, historical events like the 1988 judicial crisis and various scandals have demonstrated that institutional safeguards aren't always enough to protect the judiciary from outside influences.
"The tension between the executive and the judiciary led to an extraordinary situation — the removal of the then Lord President, the late Tun Salleh Abbas, along with the suspension of five Supreme Court judges, two of whom were ultimately dismissed.
"The 1988 crisis significantly harmed judicial independence and eroded public trust in the judiciary. It left a lasting impact on the institution, raising alarms about political interference in judicial matters," she explained.
Tengku Maimun emphasised that a constructive and balanced relationship between the judiciary and other government branches is crucial for maintaining judicial independence while honoring Parliament's democratic role.
"This relationship should not be seen as a competition for dominance but rather as a collaborative effort in governance — one built on mutual respect and a clear understanding of our constitutional responsibilities.
"Although our roles are distinct, both branches ultimately aim to uphold constitutional democracy and protect citizens' fundamental rights," she added.
She concluded by stating that through determination and teamwork, the Malaysian judiciary has reaffirmed its position. - April 8, 2025
