There is no need for the government to amend Article 121 of the federal constitution in relation to the jurisdiction of the judiciary.

Minister in the Prime Minister’s Department Nazri Aziz said the courts, especially those at high level, stand in isolation, independent and are not agents of federal law.

He said the doctrine of separation of powers and judicial independence as basic features in the federal constitution were unaffected by amendment to federal constitution in 1988.

“This matter was decided in the case of PP vs Kok Wah Kuan when the Chief Judge of Sabah and Sarawak stated that the original amendment of 121(1) of the federal constitution does not mean the courts are agents who bow mechanically to the government and federal law.”

Nazri said this in a written reply to Karpal Singh (DAP-Tasek Gelugor) who asked whether the government is ready to work with the opposition to form a two-third majority in parliament to amend the federal constitution to restore the power of the judiciary.

He also said that in carrying out their duties, the judges conduct various functions, interpret and implement various laws.

As such,  Article 121 of federal constitution was not and could not become the only source on the role of the judiciary in this country.

Article 121 of federal constitution provides for two High Courts equal in status to the High Court of Malaya and High Court of Sabah and Sarawak and subordinate courts as provided for by federal law.

High Courts and subordinate courts shall have such jurisdiction and powers conferred by or under federal law.

- Bernama