PETALING JAYA: Seniority does not play a role in deciding candidates for the position of Chief Justice, according to constitutional experts.
Emeritus Prof Datuk Dr Shad Saleem Faruqi explained that the Federal Constitution does not specify requirements for a superior court judge to become Chief Justice.
Article 123 of the Federal Constitution states that to serve as a judge of the superior courts, a person must be a Malaysian citizen with at least 10 years of experience as a lawyer or lower court judge.
"Seniority is not relevant," Shad Saleem said.
The superior courts encompass the High Court, Court of Appeal, and Federal Court.
On Friday (July 18), the Federal Court Chief Registrar's Office announced that His Majesty Sultan Ibrahim, King of Malaysia, has approved three judicial appointments, including Datuk Wan Ahmad Farid Wan Salleh as the new Chief Justice. Wan Ahmad Farid is currently a Court of Appeal judge.
Shad Saleem noted that a Chief Justice candidate could come from any superior court but must be elevated to the Federal Court, regardless of seniority.
"While traditionally, the most senior Federal Court judge is appointed Chief Justice, it is not a strong tradition," he said, citing Tun Tengku Maimun, who was appointed without being the most senior.
Tengku Maimun, the first female Chief Justice, retired on July 2 after a six-year tenure. Shad Saleem pointed out no precedent exists for appointing a Chief Justice directly from the appellate court, though it can occur.
Constitutional expert Datuk Assoc Prof Dr Wan Ahmad Fauzi Wan Husain of ISTAC-IIUM affirmed no constitutional restriction exists for elevating an appellate court judge to Chief Justice.
"As long as the appointment conforms with Article 122B of the Constitution, it is constitutional," he said.
Assoc Prof Datuk Dr Shamrahayu Abdul Aziz echoed that the Constitution does not specify criteria for appointing the Chief Justice, noting the Prime Minister or Judicial Appointments Commission typically recommends the most senior Federal Court judge.
However, she highlighted that Tengku Maimun's appointment was unprecedented as she was not the most senior but fulfilled the criteria.
Two other judicial appointments were confirmed: Federal Court judge Abu Bakar Jais will be the new Court of Appeal President, and Court of Appeal judge Azizah Nawawi will be the new Chief Judge of the High Court of Sabah and Sarawak.
The swearing-in ceremony is set for July 28 at Istana Negara.
