JAC Act Not Binding In Judge Appointments

Barnama

13-07-2025

KOTA TINGGI, July 13 (Bernama) -- The Judicial Appointments Commission (JAC) Act 2009 does not carry binding authority in the appointment of judges, said Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
She said the Act's main role is to screen, evaluate and recommend candidates to the Prime Minister, while appointments to the Federal Court, Court of Appeal, and High Court must still follow Article 122B of the Federal Constitution.
'The JAC Act is not a final step in the appointment process. It only recommends names, and these recommendations are not binding.
'For JAC's role to be legally binding, the Constitution would need to be amended,' she told reporters after officiating the 22nd Pengerang UMNO Division Delegates Meeting today.
Azalina also cited a previous explanation by former Minister in the Prime Minister's Department, Datuk Seri Mohamed Nazri Abdul Aziz, who clarified in Parliament that the JAC Act is an administrative provision and does not have binding legal effect.
On the planned march by the Malaysian Bar tomorrow, Azalina said it is within their democratic right, as long as it is carried out professionally and within the boundaries of the law.
'If they want to march, that is their right. As lawyers, I believe most of them are professionals who understand Article 122B and the JAC Act 2009,' she said.
Meanwhile, Azalina said that the appointment of a new Chief Justice will only be decided after the 269th Conference of Rulers, scheduled to be held from July 15 to 17.
Yesterday, Muslim Lawyers Association (PEMBELA) chairman Datuk Zainul Rijal Abu Bakar urged for the appointment process to be expedited, citing the recent and upcoming retirements of several senior judges.