Restore judiciary's standing as equal branch of govt - Takiyuddin

Summary

• PN chief whip Takiyuddin Hassan urges Putrajaya to amend Article 121 of the Federal Constitution to its original form, which will reinstate its position as an equal branch of the government.

• He says the government must also establish a bipartisan parliamentary select committee to observe judicial appointments to ensure accountability.

• Despite the PM having powers over judicial appointments, Takiyuddin urges the former not to interfere with the Judicial Appointments Committee’s recommendations.

To ensure the judiciary remains independent at all times, Perikatan Nasional chief whip Takiyuddin Hassan urged the government to amend Article 121 of the Federal Constitution to its original form.

He said this would reinstate its position as an equal branch of the government.

“The government must also establish a bipartisan parliamentary select committee to observe judicial appointments to ensure accountability,” Takiyuddin (above) said in a statement today.

Before 1988, Article 121 vested the judicial power of the federation in the high courts and other inferior courts.

However, the amendments made later removed the explicit vesting of judicial power in the high courts, stating instead that the high courts and inferior courts "shall have such jurisdiction and powers as may be conferred by or under federal law".

Essentially, the courts now only have powers as federal law grants them, instead of having them automatically.

The amendments were made during the first premiership of Dr Mahathir Mohamad.

Judges appointment

In January, Chief Justice Tengku Maimun Tuan Mat said that while Malaysia has made significant improvements to restore the judiciary’s integrity over the years, the prime minister still wields too much power in appointing judges.

She also reflected on Prime Minister Anwar Ibrahim’s criticism in 2009 over political interference in appointing senior judges despite critical judicial reforms introduced by the then-government, such as establishing the Judicial Appointments Committee in 2009.

It should be noted that while JAC can nominate candidates for the bench, the prime minister can still ignore the list and request other names.

Despite the premier’s powers, Takiyuddin urged Putrajaya to allow JAC to operate independently without any pressure from the executive branch regarding the selection of judges and tenure extensions.

“The appointments committee must be given the space to fulfil its responsibilities without pressure from the executive.

“Names suggested for the bench must be based on qualification, integrity and seniority - not political leanings or connections,” the Kota Bharu MP added.

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