Istana Negara warns against politicisation of judges’ appointment

Istana Negara warns against politicisation of judges’ appointment

The Star Online - News·2025-07-11 11:00

KUALA LUMPUR: Istana Negara has reminded all parties that the appointment of superior court judges must be handled with integrity and in strict adherence to the Federal Constitution to prevent any politicisation.

Judicial appointments are a matter of national importance and must be managed carefully, reflecting the principle of checks and balances, the palace said.

“The appointment of judges is made by His Majesty the Yang di-Pertuan Agong on the advice of the Prime Minister after consulting the Conference of Rulers, as provided under Article 122B of the Federal Constitution,” it said in a statement.

Istana Negara pointed out that the Judicial Appointments Commission Act governs the selection process of judges.

However, the authority to advise the King rests with the Prime Minister.

The palace also stressed that the powers of His Majesty should not be politicised by any party in the appointment process.

“Any appointment under the Federal Constitution must be managed properly to ensure that the powers of His Majesty the Yang di-Pertuan Agong are not politicised,” it added.

On a related matter, Bernama reported about Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said’s statement that the vacancies for the positions of Chief Justice and president of the Court of Appeal will be filled in full compliance with the Federal Constitution and relevant laws.

She said the vacancies for both positions would be filled in accordance with Article 122B of the Federal Constitution, which stipulates that appointments shall be made by the Yang di-Pertuan Agong, on the advice of the Prime Minister, after consulting the Conference of Rulers.

“This matter is in line with the Federal Constitution, which is the supreme law of the country and must be upheld by all parties.

“It also reflects the principle of constitutional monarchy, which forms the foundation of the country’s administration,” she said in a statement yesterday.

In this regard, she said the Conference of Rulers is scheduled to convene for its 269th meeting from July 15 to 17.

She also said the Cabinet had discussed the vacancies for the positions during its meeting yesterday and had taken note of public concerns regarding the matter.

Azalina said the government understood the concerns about the importance of preserving the continuity and integrity of the judiciary, which served as the pillar of the rule of law.

The government remained committed to strengthening public confidence in the judicial institution, including through long-term improvement measures aimed at enhancing its transparency and independence, she said.

“The government also calls on all parties to give space for the process outlined in the Federal Constitution to proceed smoothly and appropriately in the interest of the country, the rule of law and institutional stability,” she said.

Azalina said Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is exercising the powers and duties of the office of the Chief Justice (including those under the Constitution) until the position is filled.

She said this was in accordance with Article 131A of the Federal Constitution, as well as paragraph 9(1)(b) and subsection 9(3) of the Courts of Judicature Act.

The Chief Justice position became vacant following the mandatory retirement of Tun Tengku Maimun Tuan Mat, the country’s first woman to serve in the role, on July 2.

Tan Sri Abang Iskandar Abang Hashim retired as Court of Appeal president on July 3.

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