Parliament must stay out of judges’ appointments, says Bar

Parliament must stay out of judges’ appointments, says Bar

The Malaysian Bar says judicial appointments should ultimately rest with the Judicial Appointments Commission which reports directly to the Agong.

PETALING JAYA: The Malaysian Bar has cautioned the Pakatan Harapan (PH) government against executive interference in the appointment of judges, after Putrajaya said candidates would be screened by Parliament.

Bar president George Varughese said while candidates for key public institutions should be screened, the same should not be the case for judicial posts.

“It is imperative that the appointment of judges be entirely free from political influence – and any perception of political influence – by the executive, including the prime minister, as well as the legislature,” he said.

Prime Minister Dr Mahathir Mohamad said Parliament would screen the candidates for judges and certain other posts before submitting their names to the Yang di-Pertuan Agong.

However, the Bar said the appointment of judges should ultimately rest with the Judicial Appointment Commission (JAC).

JAC, formed in 2009, advises the prime minister on the selection of judges.

But Varughese said JAC must be established under the Federal Constitution, so that it reports directly to the Yang di-Pertuan Agong.

“The judiciary must be wholly independent from political interests and executive intervention in order to perform its role effectively in a system of separation of powers with checks and balances, where each branch of government is able to check the powers of the other branches to prevent any abuse of power,” he said.

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