The appointment of superior court judges is a matter of paramount national importance that must be managed with utmost care to prevent politicization, Istana Negara asserted today.
In an official statement, the palace underscored that the selection of top judicial figures demands meticulous attention to integrity and strict adherence to constitutional provisions. Such appointments, it stressed, must embody the principles of good governance while maintaining the delicate balance of powers enshrined in the Federal Constitution.
Constitutional Framework
“Pursuant to Article 122B of the Federal Constitution,” the statement clarified, “judicial appointments are made by His Majesty the Yang di-Pertuan Agong upon the Prime Minister’s advice, following consultation with the Conference of Rulers. This process inherently incorporates essential checks and balances within our judicial system.”
The palace further noted that while the Judicial Appointments Commission Act 2009 (Act 695) establishes the procedural framework for candidate selection, the constitutional prerogative to advise the Yang di-Pertuan Agong remains vested in the Prime Minister.
Safeguarding Judicial Independence
Emphasizing the need for lawful due process, the statement cautioned against any attempts to politicize the royal authority in appointment matters. This comes as the government prepares to fill two critical vacancies – the Chief Justice and President of the Court of Appeal positions.
Yesterday, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said confirmed the government’s commitment to constitutional compliance in these appointments. The matter was thoroughly discussed during the Cabinet meeting, which also acknowledged growing public interest in the issue.
The Minister further revealed that the 269th Meeting of the Conference of Rulers is scheduled for July 15-17, where these appointments are expected to feature prominently in discussions.
