
The current laws do not oblige the prime minister to give any reason if he rejected judges nominated by the Judicial Appointments Commission, which gives the perception that Malaysia’s judiciary lacks independence. – The Malaysian Insight file pic, December 12, 2017.
THE power of the prime minister to influence the appointment and promotion of judges is too strong and needs to be curbed to protect the independence of the judiciary, said Pakatan Harapan parties.
DAP said the matter should be included in its election manifesto.
PKR’s N. Surendran said the prime minister has the power to appoint judges as the Yang di-Pertuan Agong was required to act on the advice of the prime minister under the federal constitution.
“Article 122B as it stands, gives the power to appoint judges to the prime minister. This is because by virtue Article 40(1), the (Yang di-Pertuan) Agong is bound by the prime minister’s advice.” Read more