IPOH: There is no crisis in the appointment of judges, and the current process aligns with the Federal Constitution, says Kampar PKR Division chief Baldip Singh.
Baldip, a lawyer, stated that the Federal Constitution clearly outlines that appointments of judges to the Federal Court, Court of Appeal, and High Court, including the Chief Justice, are made by the Yang di-Pertuan Agong on the advice of the Prime Minister, after consultation with the Conference of Rulers.
"This is the law. This is not about perception or speculation. The Federal Constitution is the highest law," he said during a press conference held with several PKR grassroots leaders here on Thursday (July 10).
Present were Ipoh Barat PKR division deputy chief S.K. Ramesh, Larut PKR division chief Mohd Fairuz Mohd Saari, and Sungai Siput PKR division chief K. Novinthen.
Chief Justice Tun Tengku Maimun Tuan Mat and Court of Appeal president Tan Sri Abang Iskandar Abang Hashim retired on July 1 and July 2 respectively, with no permanent replacement named yet.
Baldip explained that Article 122B of the Federal Constitution outlines the Prime Minister’s constitutional role in the judicial appointment process, and attempts to question that would only create unnecessary public confusion.
"Some people are saying the Prime Minister should not be involved, but the Constitution says otherwise," he said.
He also dismissed claims of a judicial crisis, noting that the Conference of Rulers is set to meet from July 15 to 17 to deliberate on the matter.
"A crisis would mean prolonged vacancies with no judges to hear cases. That’s not the case. If the issue on the appointments are made next week, there is no crisis," he added.
On calls for the Chief Justice’s tenure to be extended for six months, Baldip said while such an extension is provided for under the Constitution, it is not mandatory.
Addressing calls for judicial reforms, including suggestions to remove the Prime Minister from the appointment process to enhance transparency, Baldip acknowledged that such proposals are valid but must first be passed as law.
He stressed that reforms cannot be implemented overnight as constitutional amendments must go through proper parliamentary procedure.
"We can debate reforms, but until reforms are passed and written into law, we must follow the existing Constitution," he said, adding that the process must be respected.
Baldip also explained the role of the Judicial Appointments Commission (JAC), which proposes names for judicial appointments to the Prime Minister.
The JAC comprises nine members, four Federal Court judges, including the Chief Justice who chairs the commission, and five members appointed by the Prime Minister, one of whom must also be a Federal Court judge.
"The Prime Minister is not bound to accept the proposed names, as he can request additional names," he said.
Baldip was responding to demands from Pandan MP Datuk Seri Rafizi Ramli and several PKR MPs for an RCI and a parliamentary select committee hearing following delays in appointing top judicial positions, including the Chief Justice.
