G25 says ‘no’ to screening of potential judges by Parliament

The judiciary should remain independent of any political interference, says G25.

PETALING JAYA: A group of former prominent civil servants spoke out against the screening of candidates for judges by Parliament, saying that it will lead to political interference in the independence of the judiciary.

G25 said that the appointment of judges should be left to the Judicial Appointments Commission (JAC) with no influence from any side as judges are expected to be independent of any ministerial influence or political interests.

“Parliament and the judiciary are two separate independent institutions with the responsibility of providing checks and balance on the powers of the executive (the Cabinet),” it said in a statement.

Federal judges, it explained, can strike out any law of Parliament or the state legislature or any administrative action of the government that goes against the Federal Constitution.

“Thus, while the power of governing lies with the elected government, this power is not absolute because if its policy is challenged, it can be overruled by the judiciary and questioned by Parliament.”

Two days ago, Prime Minister Dr Mahathir Mohamad, at the monthly assembly of the Prime Minister’s Department, said that Parliament would screen the candidates for judges and for certain other posts before submitting the names to the Yang di-Pertuan Agong.

G25 welcomed the Parliament’s role in screening appointments to key posts in public institutions.

Parliament, it said, played an important role in making the government transparent and accountable by holding Cabinet ministers, civil servants and government agencies answerable for their policies and actions.

G25 said Parliament performs this oversight function by establishing permanent and select parliamentary committees with the power to question ministers, civil servants and also to conduct public inquiries on matters that are of wide public concern such as a serious financial scandal involving the integrity of the government.

“In overseeing the government, one of the most important duties of the parliamentary committees is to check on the appointments of top officials to head the key ministries and various statutory institutions in the public sector.”

It went on to add that more committees to oversee ministries and government agencies, including statutory bodies and religious authorities, should be set up. -FMT