JAC Act reform requires comprehensive review, constitutional amendment
KUALA LUMPUR: Any reform to the Judicial Appointments Commission (JAC) Act 2009 would require a comprehensive review, including amendments to the Federal Constitution.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the Act was tabled and passed in Parliament without any corresponding amendments to the Federal Constitution.
'Our current discussion revolves around whether one is satisfied or dissatisfied with the existing structure of the Act. If there is an intention to amend it, a comprehensive review must be undertaken, which includes amending the Constitution or introducing a new Act along with constitutional amendments.
'The issue here is that no law may override the Constitution. That is the rule of law,' she said during a Townhall session with law students at Universiti Malaya, today.
She was responding to a question regarding her views on the Chief Justice, Tun Tengku Maimun Tuan Mat's proposal to amend the JAC Act to remove the Prime Minister's role in advising the Yang di-Pertuan Agong on judicial appointments.
Azalina emphasised that regardless of any views expressed, the Federal Constitution remains supreme over any Act of Parliament.
'Nonetheless, if we are to consider the future direction of the JAC Act, an in-depth evaluation is necessary. Should the government so direct, the Legal Affairs Division policy unit is capable of undertaking one,' she said.
At present, the appointment of judges is governed by Article 122B of the Federal Constitution, which provides that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister after consulting the Conference of Rulers.
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