Interfaith group backs PN, wants Harapan to honour judicial reform vow

Summary

• MCCBCHST urges govt to carry out promised judicial reforms before next GE.

• Council supports Takiyuddin’s call to amend Article 121 of the Federal Constitution.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has backed Perikatan Nasional chief whip Takiyuddin Hassan’s call to amend Article 121 of the Federal Constitution and restore its original form.

MCCBCHST stressed the need to safeguard judicial independence at all times.

The council urged the government to carry out the promised reforms before the next general election, saying that it should no longer rely on the excuse that it might be difficult to get support.

“The prime minister has been reported to have said, ‘are you able to convince the ruling elite and the professional elites that this is a mission (reform) that must be supported by all?’.

“For passing an amendment to Article 121(1) and the Judicial Appointments Commission (JAC) Act 2009, support of two-thirds of MPs is needed, and the coalition government has more than two-thirds of parliamentarians.

“PN through Takiyuddin has, in fact, proposed the above amendments and thus given tacit support.

“Thus, for this Article 121(1) amendment, the government can have almost 100 percent support from the MPs,” the council said in a statement.

No reason to delay

MCCBHST said in view of the various calls made for reform to make the judiciary independent, the government has no reason to delay this reform, as it was also mentioned in their election manifesto.

“This institutional reform to make the judiciary independent of the executive and an equal branch of the government should not be delayed any further and should be carried out immediately.

“The government has, since the last general election, appeared not to have carried out any promised institutional reform such as above and others like separating the roles of attorney-general/public prosecutor, making the MACC independent and answerable to Parliament, etc,” it added,

MCCBCHST said Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said had claimed reforms were ongoing, citing the successful revival of the Parliamentary Services Act 2025 and over 30 legislative amendments since 2023.

However, the council stressed that this should not be used as an excuse to delay the institutional reforms that were promised.

“The MCCBCHST, therefore, calls upon the government to carry out the promised institutional reforms before the 16th general election as was promised in the Pakatan Harapan manifesto and during the GE15 election campaign,” it added.

Ensuring accountability

Apart from calling for the amendment of Article 121, Takiyuddin said the government must also establish a bipartisan parliamentary select committee to observe judicial appointments to ensure accountability.

Before 1988, Article 121 vested judicial power in the High Courts and other subordinate courts. However, subsequent amendments removed this explicit provision, stating instead that the courts “shall have such jurisdiction and powers as may be conferred by or under federal law.”

This effectively means that judicial power is no longer inherent but granted solely through federal legislation.

In January, Chief Justice Tengku Maimun Tuan Mat noted that while Malaysia has made significant strides in restoring the judiciary’s integrity, the prime minister still retains excessive influence over judicial appointments.

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 JAC 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.

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