PRIME Minister Datuk Seri Anwar Ibrahim said that while Putrajaya will defend the Judicial Appointments Commission (JAC) Act in court, it is also committed to thoroughly review its framework, in line with the spirit of institutional reforms.
"This is to ensure that the judicial appointment process truly reflects the principles of transparency and the independence of the judiciary without undermining the role of the Yang di-Pertuan Agong and privileges of the Malay Rulers as enshrined in the Federal Constitution," he said.
He said the review will involve consultations with stakeholders including the judiciary, the Conference of Rulers, the Bar Council, and civil society organizations (NGOs).
"This is to address any gaps and strengthening public confidence in the integrity of the national justice system," he said.
Anwar said that any reforms that are introduced in future will invigorate the principles of the Constitution, namely upholding the doctrine of separation of powers, respecting the system of Constitutional Monarchy, and upholding the rule of law.
"Only with this solid foundation can we ensure long-term stability and the continued guarantee of the country's democratic system," he stressed.
Anwar said the Madani government acknowledged the legal action filed in the High Court regarding the application for a review of the constitutionality of the JAC Act.
It was earlier reported that lawyer Datuk Syed Amir Syakib Arsalan Syed Ibrahim had filed a lawsuit with the High Court of Malaya, seeking a declaration that the Act underpinning the commission is unconstitutional and violates the doctrine of separation of powers.
These concerns, central to Syed Amir’s lawsuit, argue that the JAC Act interferes with the constitutional process outlined in Article 122B and compromises judicial independence by potentially allowing executive influence, particularly through appointments made by the prime minister to the commission itself.
"This government fully respects the right of any individual to seek constitutional interpretation through judicial channels and avenues.
"This is one of the important pillars in a constitutional democracy based on the rule of law.
"As in any court process, the Government assures that it proceeds without any interference or prejudice whatsoever.
"At the same time, I realised that the structure and membership of the JAC, as well as its role in the judicial appointment process, have long been questioned by various parties, including the judiciary, the Bar Council, and civil society organizations (NGOs)," said Anwar.
He said this issue is not something that can be overlooked and it demands serious scrutiny from the perspective and lens of law, institutions, and the Constitution.
He said the Madani government remains committed to the principle of governance with integrity and will continue to act transparently, responsibly, and with respect for all constitutional institutions in managing this issue. – April 9, 2025