Parliament, govt should not appoint judges, says Bar Council
KUALA LUMPUR: The appointment of judges must be free from political influence by executive and legislature, said the Malaysian Bar Council.
Its president, George Varughese, said yesterday the judiciary must be independent from political interests and executive intervention to perform its role effectively in a system of separation of powers with checks and-balances, where each branch of government could check the powers of other branches to prevent abuse.
He was responding to recent reports of Prime Minister Tun Dr Mahathir Mohamad saying that Parliament would screen the appointment of judges and other posts before submitting the names to the Yang di-Pertuan Agong.
“While it is timely and appropriate for Parliament to screen appointments to key positions in public institutions, this is not the case in respect of the appointment of judges.
“The announcement indicates that the prime minister will no longer have a role in the appointment and promotion of judges.”
He said, nevertheless, judicial candidates should not be screened by Parliament.
“It is imperative that the appointment of judges be entirely free from political influence and perception of political influence by the executive (including the prime minister), as well as the legislature.
“An independent Judicial Appointments Commission (JAC) must be established under the Federal Constitution, and tasked with making recommendations directly to the Yang diPertuan Agong.” He said the JAC’s composition must include not only judicial representatives, but also stakeholders in the administration of justice, including the AttorneyGeneral’s Chambers, Malaysian Bar, Advocates Association of Sarawak, Sabah Law Society, legal academics and civil society.
Varughese said the ultimate decision should rest with JAC, after which the prime minister submits JAC’s recommendations to the Conference of Rulers.