I am pleased to announce that I have, in my capacity as Chairman of the Parliament Select Committee on Human Rights, Elections and Institutional Reform together with the Honourable Senator Rita Sarimah Anak Patrick Insol, Chair of the Senate Select Committee on Review of Laws held a discussion on July 10, 2025 with the Honourable Minister in the Prime Minister Department for Law and Institutional Reform, Dato Azalina Othman Said.
It is acknowledged that issues relating to the nomination, selection and appointment of judges to the superior court and appointments to fill vacancies for positions of the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court of Sabah and Sarawak, the judges and judicial commissioners of the Superior Court are matters that merit deep concerns.
The independence of the judiciary and the role and functions of the Yang di Pertuan Agong, the Conference of Rulers and that of the Prime Minister in the appointment of the judges of the superior court form part of the basic structure of our nation’s constitution, the check and balance through the separation of powers of the three pillars of government and provide substance to the constitutional guarantees on fundamental freedoms.
These provisions are set forth, among others, in Article 122B(1) of the Federal Constitution and Section 2 of the Judicial Appointments Commission Act 2009 (Act 695).
Article 122B(1) of the Federal Constitution provides that the Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and other judges of the Federal Court, Court of Appeal and High Court shall be appointed by the Yang di Pertuan Agong acting on the advice of the Prime Minister, after consulting the Conference of Rulers.
Section 2 of the Judicial Appointments Commission Act 2009 provides that the Prime Minister must uphold the continued independence of the judiciary and must have regard:
1. to the need to defend the independence of the judiciary;
2. the need for the judiciary to have the support necessary to enable them to exercise their functions; and
3. the need for public interest to be properly represented in regard to matters relating to the judiciary, the administration of justice and related matters.
Any weaknesses in the selection of suitably qualified persons who merit appointment as judges of the superior court, deficiency in the selection process and selection criteria require review, upgrading and improvement.
This is to ensure the continued independence of the judiciary is upheld and defended.
The Honourable Minister Dato Azalina Othman Said, the Honourable Senator Rita Insol and I have agreed to conduct a comparative review on judicial appointments.
This review shall include a study of present issues, the laws, procedure and processes in the Federal Constitution, the Judicial Appointments Commission Act 2009 together with the Judicial Appointments Commission (Selection Process and Method of Appointment of Judges of the Superior Courts) Regulations 2009, relevant laws, regulations and practices, to identify the weaknesses, and to suggest safeguards and best practices to ensure the continued independence of the judiciary consistent with the basic structure and principles of the Federal Constitution and our constitutional monarchy system of parliamentary democracy.
Details of the Parliament Select Committee proceedings will be announced in due course.
Members of Parliament, Non-Government Organisations and concerned citizens are welcome to provide their constructive comments and suggestions. — July 11, 2025
William Leong Jee Keen is chairman of the Parliament Select Committee on Human Rights, Elections and Institutional Reform
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