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Govt to address issues raised by Malaysian Bar within framework of Federal Constitution, says Azalina
Govt to address issues raised by Malaysian Bar within framework of Federal Constitution, says Azalina

The Star

time15-07-2025

  • Politics
  • The Star

Govt to address issues raised by Malaysian Bar within framework of Federal Constitution, says Azalina

KUALA LUMPUR: The government has taken note of the concerns raised by the Malaysian Bar through the 'Walk to Safeguard Judicial Independence' and is committed to addressing the issue responsibly and transparently within the framework of the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said as an effort to increase transparency in the appointment procedure of Superior Court Judges, the government announced the implementation of a Comparative Study of the Judicial Appointment System by the Legal Affairs Division of Prime Minister's Department last week. She said the study aims to provide better clarity on the role of the Judicial Appointments Commission (JAC) and also to address the issues raised by the Malaysian Bar. "The government is always open to the views of all parties, including the Malaysian Bar, who will also be invited to join in this study, to ensure a more transparent, integrity-based and trusted judicial appointment system for the people. "In addition, issues raised by the Malaysian Bar should be considered within the framework of the Federal Constitution, the Judicial Appointments Commission Act 2009 [Act 695] and other laws in force," she said in a statement on Tuesday (July 15). Therefore, she said, all quarters should continue to respect the role of the constitution, which is the core of the country's judicial independence. Azalina said the Federal Constitution has established a clear mechanism to deal with judicial misconduct. Article 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct, and judges under investigation may be suspended on the advice of the Prime Minister after consultation with the Chief Justice, she said. In addition, she said, Article 125(3A) provides the Chief Justice with the power to refer any breach of ethics to the Judicial Ethics Committee established under the Judges' Ethics Committee Act 2010 [Act 703]. She said Article 125(3B) allows for the establishment of a written code of ethics to set high standards of conduct and integrity for judges, while the Judges' Code of Ethics 2009 [P.U. (B) 201/2009], which has been in force since July 1, 2009, is also an important reference for setting clear and legally binding standards of conduct for judges. "This ethical framework aims to ensure that the judiciary is free from political or external influence, thereby guaranteeing the supremacy of the Constitution and the rule of law. This process means that the Executive and the Legislative Bodies cannot interfere in issues of judicial ethics," she said, adding that this independence is essential to maintaining public confidence in the country's justice system. – Bernama

Govt To Address Issues Raised By Malaysian Bar Within Framework Of Federal Constitution
Govt To Address Issues Raised By Malaysian Bar Within Framework Of Federal Constitution

Barnama

time15-07-2025

  • Politics
  • Barnama

Govt To Address Issues Raised By Malaysian Bar Within Framework Of Federal Constitution

KUALA LUMPUR, July 15 (Bernama) -- The MADANI government has taken note of the concerns raised by the Malaysian Bar through the 'Walk to Safeguard Judicial Independence' and is committed to addressing the issue responsibly and transparently within the framework of the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said as an effort to increase transparency in the appointment procedure of Superior Court Judges, the government announced the implementation of a Comparative Study of the Judicial Appointment System by the Legal Affairs Division of Prime Minister's Department last week. She said the study aims to provide better clarity on the role of the Judicial Appointments Commission (JAC) and also to address the issues raised by the Malaysian Bar. 'The government is always open to the views of all parties, including the Malaysian Bar, who will also be invited to join in this study, to ensure a more transparent, integrity-based and trusted judicial appointment system for the people. 'In addition, issues raised by the Malaysian Bar should be considered within the framework of the Federal Constitution, the Judicial Appointments Commission Act 2009 [Act 695] and other laws in force,' she said in a statement today. Therefore, she said, all quarters should continue to respect the role of the constitution, which is the core of the country's judicial independence. Azalina said the Federal Constitution has established a clear mechanism to deal with judicial misconduct. Article 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct, and judges under investigation may be suspended on the advice of the Prime Minister after consultation with the Chief Justice, she said. In addition, she said, Article 125(3A) provides the Chief Justice with the power to refer any breach of ethics to the Judicial Ethics Committee established under the Judges' Ethics Committee Act 2010 [Act 703].

Blow to Tamil Nadu government as Madras HC orders interim stay on 10 Acts
Blow to Tamil Nadu government as Madras HC orders interim stay on 10 Acts

New Indian Express

time22-05-2025

  • Politics
  • New Indian Express

Blow to Tamil Nadu government as Madras HC orders interim stay on 10 Acts

CHENNAI: The Madras High Court on Wednesday temporarily stayed the operation of the 10 amendment Acts covering various state-run universities, which transferred the powers to appoint vice-chancellors from the governor-chancellor to the Tamil Nadu government. A vacation bench of justices G R Swaminathan and V Lakshminarayanan granted the interim stay despite strong objections raised by the state government and the higher education department against passing any interim orders without hearing them in detail as the issue is related to the constitutionality of the legislations. These 10 amendment Acts were notified and came into force on April 11, after the Supreme Court granted deemed assent to the bills in its landmark verdict on April 8 in the case filed by Tamil Nadu government against Governor R N Ravi for delaying assent to the bills. A BJP-affiliated advocate K Venkatachalapathy alias Kutty of Tirunelveli district moved the HC praying for staying the operation of the Acts. Senior counsel Dama Seshadri Naidu, assisted by V R Shanmuganathan, represented the petitioner and argued that the Acts are repugnant to Regulation 7.3 of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges, 2018, regarding appointment of vice-chancellors.

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