In a statement, Prime Minister Anwar Ibrahim said the review would be holistic and in line with the spirit of institutional reform.
“This is to ensure that the process of judiciary appointments truly reflects the principle of transparency and the independence of the judiciary, without affecting the role of the king and privileges accorded to the rulers under the constitution.
“This review will involve negotiations with stakeholders, including the judiciary, Conference of Rulers, Malaysian Bar and NGOs,” he added.
Yesterday, Chief Justice Tengku Maimun Tuan Mat said removing the prime minister’s role in the appointment of judges can help dislodge the perception of political influence in the judiciary.
She said this would reinforce the impartiality of the judge selection process, ensuring that judicial appointments were grounded on merit and free from any perception of political influence.
In February, law and institutional reform minister Azalina Othman Said brushed off calls for the JAC Act to be reviewed, saying the commission itself had not submitted a proposal for amendments to be made.
She also said amending the Act would involve amending the Federal Constitution.
Govt to defend constitutional challenge over JAC Act
Anwar also acknowledged that a lawyer had applied for a judicial review in the High Court to challenge the constitutionality of the JAC Act.
The prime minister said Putrajaya respected the right of any individual to seek the court’s clarification on interpreting the constitution, but would defend the legitimacy of the Act in court.
Nonetheless, Anwar acknowledged that there had been multiple calls for the law to be reviewed.
“We recognise that no law is above scrutiny, and we are aware of legitimate concerns that have been raised over the years about the JAC’s structure, its composition, and the extent of its influence over judicial appointments.
“These concerns warrant serious and thoughtful consideration – not only from a legal standpoint, but also from an institutional and constitutional perspective.”
He maintained that any reform undertaken by the government must be in line with the constitution, respect the doctrine of separation of powers and ensure rule of law.
These fundamentals ensure the nation’s long-term stability and safeguard Malaysia’s democratic health, he added.
“This government remains committed to principled governance, and we will act with transparency, responsibility, and respect for all constitutional institutions,” said Anwar. - FMT
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