Parti Amanah Negara (Amanah) will file a judicial review application on the extension of Md Raus Sharif's tenure as chief justice, which it says is unconstitutional.

This comes after Malaysian Bar, former chief justice Abdul Hamid Mohamed and former de facto law minister Zaid Ibrahim also stressed that extending the CJ's term breaches the constitution.

Raus's term was extended for another three years on Friday.

"The government said that Raus' appointment is under Article 122 (1A) of the Federal Constitution when that Article only empowers the Yang di-Pertuan Agong to appoint additional judges for the Federal Court.

"It is as if the prime minister is assuming legislative powers to arbitrarily change the Federal Constitution.

"Understanding the importance of this issue and to protect the sanctity of Federal Constitution, Amanah will file a judicial review to challenge this extension of service for the highest power in the judiciary," Amanah deputy president Salahuddin Ayub said in a statement.

Former CJ Abdul Hamid earlier argued that extending Raus' term breaches Article 125 (1) of the Federal Constitution, which states that a Federal Court judge can only hold the post until he is 66 years of age.

It also states that a further extension can be made but only until he reaches 66 years and six months of age.

The CJ's terms had already been extended once when he reached the age of 66 last year. He is now 66 years and five months of age.

He added Article 122 (1A) speaks of appointment of judges by the Yang di-Pertuan Agong, and not an extension of service.

Ex-CJ's warning

Amanah's judicial review application will bring about the awkward situation Abdul Hamid had warned of when he urged Raus to refuse any move to extend his service.

"It would be embarrassing for the next senior judge, the Court of Appeal president, to preside the court to hear the case as it could be said that he has a personal interest.

"Indeed the same argument applies to chief judge (of Malaya), chief judge (of Sabah and Sarawak) and the Federal Court judges, at least the more senior ones," he added.

However, senior lawyer Muhammad Shafee Abdullah said Raus' extension is constitutional as Raus could have well recommended himself to be appointed as an "additional judge" as provided for in Article 122 (1A).

"He may have been influenced by the fact that the two top judges after him would have only four months and six months respectively to hold the two top posts.

"The former CJ must have felt bad about this 'flash in the pan' tenure as compared to his, which was more than six years," he said in a statement yesterday.

Top judges face a mandatory retirement age at 66 and six months but an additional judge does not face the same age limit.