Upper court appointments guided by Federal Constitution, says Azalina


KUALA LUMPUR: The extension of services of Federal Court judges who are about to retire will be subject to Article 125(1) of the Federal Constitution, says Datuk Seri Azalina Othman Said.

Article 125 refers to the appointment, dismissal and conditions of service of Federal Court, Court of Appeal and High Court judges.

“For appointments within the judiciary, the government, through the Legal Affairs Division of the Prime Minister's Department (BHEUU), is conducting an evidence-based comparative study on judicial appointment models in other countries such as the United Kingdom, Singapore, Australia and India,” the Minister in the Prime Minister's Department (Law and Institutional Reform) said in a parliamentary written reply on Tuesday (Aug 26).

Datuk Che Mohamad Zulkifly Jusoh (PN-Besut) had asked for the status of the extension of service for Federal Court judges who are about to retire, and the steps taken to ensure that the national judicial system is not disrupted by unfilled vacancies.

Azalina said the engagement sessions for the study include stakeholders such as the judiciary, Malaysian Bar Council, MPs from both sides of the divide, institutions of higher learning, constitutional experts and civil society organisations.

Public feedback is also taken into consideration, she added.

“This approach aims to ensure that the appointment process is carried out in a more transparent, independent manner and is aligned with the principles of the Federal Constitution.

"The Madani government, as an administration that consistently upholds the separation of powers between the legislative, executive, and judicial branches, remains committed to ensuring that appointments to key national positions, including the Chief Justice and the President of the Court of Appeal, are made in accordance with the Federal Constitution and existing laws,” she said.

 

 

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