THE role of Chief Justice of Malaysia — the nation’s top judicial officer and head of the Federal Court — is conferred, not sought. A Chief Justice of Malaysia, who is the most senior judge in the nation and head of the Federal Court, is also not a position one seeks through application.
Rather, it is a constitutional appointment, conferred through a process designed to safeguard judicial independence, uphold public confidence, and ensure meritocracy prevails over political favour.
Today, at the heart of this process is the Judicial Appointments Commission (JAC), an independent statutory body established under the Judicial Appointments Commission Act 2009. Its primary role is to identify and recommend suitable candidates for senior judicial roles, including the post of Chief Justice.
A prospective Chief Justice must first be qualified under Article 123 of the Federal Constitution, which outlines the minimum legal and professional standards for judicial office.
In addition, Section 23 of the JAC Act requires that any candidate must demonstrate integrity, competence and experience; impartiality, fairness and sound moral character; decisiveness, the ability to deliver timely judgments, and strong legal reasoning; a proven capacity to manage cases efficiently; and good physical and mental health.
The JAC is composed of nine members, made up of the Chief Justice, who serves as chairman; the President of the Court of Appeal; the Chief Judges of Malaya and of Sabah and Sarawak; a Federal Court judge; and four eminent persons appointed by the Prime Minister in consultation with legal professional bodies and the Attorney General.
For any selection to be valid, a minimum of seven members must be present, and decisions are made by secret ballot and majority vote.
When a vacancy arises at the highest levels of the judiciary, such as the Chief Justice, the JAC must submit at least two names to the Prime Minister, together with written justifications.
The Prime Minister may, if required, request two further names. After reviewing the list, the Prime Minister selects a nominee and advises the Yang di-Pertuan Agong, Malaysia’s constitutional monarch, who would then make the formal appointment guided by Article 122B of the Federal Constitution.
The appointment is also made by the Yang di‑Pertuan Agong, acting on the advice of the Prime Minister and following consultation with the Conference of Rulers, in accordance with Article 122B of the Constitution.
While the Prime Minister plays a role in the latter stage of the process, the independence of the JAC ensures that the integrity of the judiciary remains above political influence.
The commission’s involvement is vital in preserving public trust in the judicial system by ensuring appointments are based on ability and principle.
As of July 2025, the position of Chief Justice is held in an acting capacity by Tan Sri Hasnah Mohammed Hashim, former Chief Judge of Malaya, following the retirement of Tun Tengku Maimun Tuan Mat. Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has affirmed that the process of appointing a permanent successor will strictly follow constitutional protocol, including consultation with the Conference of Rulers.
The process for appointing Malaysia’s Chief Justice reflects a commitment to due process, legal excellence, and the separation of powers.
To rise to the office of Chief Justice of Malaysia, therefore, requires far more than legal skill. It demands an unblemished record of judicial service, a steadfast commitment to justice, and the personal character to uphold the rule of law at the highest level. - July 17, 2025
