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THE Government has reiterated that the Federal Constitution lays out a clear and established mechanism to deal with allegations of judicial misconduct, and stressed that the independence of the judiciary must remain sacrosanct and free from external or political influence.
In a statement issued today, Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, explained: “Articles 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct. A judge under investigation may be suspended on the advice of the Prime Minister after consultation with the Chief Justice.”
She added under Article 125(3A), the Chief Justice may refer breaches of judicial ethics to the Judicial Ethics Committee, which was established under the Judicial Ethics Committee Act 2010. Meanwhile, Article 125(3B) allows for the adoption of a written code of ethics to uphold high standards of integrity and behaviour among members of the judiciary.
“The Judges’ Code of Ethics 2009, which has been in effect since 1 July 2009, remains an important legal benchmark for judicial conduct,” Azalina said.
She underscored that the ethical framework is designed to preserve the independence of the judiciary from political and external pressure, in line with constitutional principles and the rule of law.
“This process means the Executive and the Legislature cannot interfere in matters of judicial ethics. Such independence is vital to maintaining public confidence in our justice system,” she added.
Commenting on the ‘Walk to Safeguard Judicial Independence’ organised by the Malaysian Bar, Azalina said the MADANI government had taken note of the concerns raised and was committed to addressing the matter transparently and in full respect of the Constitution.
As part of broader reform efforts, Azalina also announced that the government had initiated a Comparative Study on Judicial Appointment Systems last week. The study is being conducted by the Legal Affairs Division of the Prime Minister’s Department (BHEUU) in collaboration with a Special Select Committee made up of members of both the Dewan Rakyat and Dewan Negara.
“This study aims to provide greater clarity on the role of the Judicial Appointments Commission (JAC), while also addressing a number of the issues highlighted by the Malaysian Bar. The government welcomes the views of all stakeholders, including the Bar Council, who will be invited to participate in this review,” she said.
Azalina concluded by urging all parties to continue upholding and respecting the constitutional framework that protects the independence of Malaysia’s judiciary. - July 15, 2025