Opinion

Should we challenge the extension of the judiciary under article 125 of the Federal constitution?

The independence of the judiciary from the parliament and executive is paramount. And we can't erode it.

Updated 1 year ago · Published on 26 Jun 2025 4:29PM

Should we challenge the extension of the judiciary under article 125 of the Federal constitution?
They were the best, but this also leads to a dilemma. - June 26, 2025

A VERY good question has posed in a joint statement by the eight past presidents of the Bar Council.

They have asked why there has been a non-extension for six months under Article 125 for three Federal Court judges, particularly the Chief Justice of Malaysia Tun Tengku Maimun Tuan Mat, and two other very senior federal court judges all of whom are retiring very soon.

First, I agree with the part of the statement which says that they are the cream de la cream of judges. I think many in the profession will agree they were among of the best for the last few years.

They were the best, but this also leads to a dilemma.

Now I would suggest if there was an extension, there would be speculation in the minds of public why they have been extended. At the same time, now they are not being extended, there is negative speculation over it.

What really strikes me is the part of the statement saying there is a perception that this is retribution for the having decided cases in a particular way, not in line with the wishes of the powers that be.

Now, there is a question mark here.

What are those cases that have been decided not in line with the powers that be? It must be very clear with proof and evidence.

Of course, there is freedom of speech and opinion which is good, but another argument could be made that their statement was itself an interference in the judicial appointment process.

The statement also says it gives a chilling message to the other judges to toe the line. It also cites the belief that certain political interests must be served in return for patronage or support.

I find this an unbelievable and unacceptable claim.

The independence of the judiciary from the parliament and executive is paramount. And we can't erode it.

But without proof, it is unacceptable to say there is such a perception.

We most certainly should not express or repeat wild and damaging theories about the appointment process.

Ultimately Article 125 gives the Yang-di-Pertuan-Agong the power to extend judicial appointments or not.

It is an enshrined in the Federal Constitution.

So let it be.

By Baldip Singh Santokh Singh

Advocate & Solicitor

The views expressed are solely of the author and do not necessarily reflect those of The Vibes

Related News

Opinion / 16h

Forget the judges. Book the studio

Malaysia / 2w

NFCC: Azam Baki’s advisory board appointment done with consent of Yang di-Pertuan Agong

Malaysia / 2w

NFCC advisory role sparks questions; Hamzah seeks clarity on Azam Baki appointment

Malaysia / 3w

Undang Rembau appointment without palace interference, customary council insists

Malaysia / 1mth

Rais Yatim’s ‘independence’ in question after formal appointment in April 2026 as legal advisor by Undangs revealed

Business / 1mth

Matrix Concepts appoints new Group Managing Director

Spotlight

Malaysia

PRNNS: Loke: 'We must win all 11 seats to help PH form state government'

Sports & Fitness

Spain ends Argentina’s World Cup reign with extra-time triumph to reclaim global crown

World

Cat found alive after being buried under Venezuela quake rubble for days (video)

Malaysia

“Resign if you attack fellow Unity Government partners,” Anwar enforces discipline

Malaysia

PH youth wing calls on BN ministers to quit cabinet over PN electoral alliance

Malaysia

Rosmah asks for prayers as Najib prepares for medical procedure

Malaysia

Woman at a loss after fake Hong Kong lawyer offers to recover money from previous scam

You may be interested

Opinion

Strong protest: Irresponsible interview attempts to influence ICC member state voting

Opinion

Forget the judges. Book the studio

By Abbi Kanthasamy