KUALA LUMPUR (April 9): A lawyer is challenging the constitutionality of the Judicial Appointments Commission (JAC) and its power to appoint judges, arguing that the Judicial Appointments Commission Act 2009 is unconstitutional.
He believes that the Act violates the doctrine of separation of powers, and the basic structure doctrine of the Constitution.
The lawyer, Datuk Syed Amir Syakib Arsalan Syed Ibrahim, is seeking a declaration from the Kuala Lumpur High Court that the powers granted to the JAC under the 2009 Act go against the Federal Constitution, specifically Article 122B, which outlines the process for appointing judges to the Federal Court, Court of Appeal, and High Courts.
He argues that the JAC Act 2009 interferes with the constitutional process and judicial independence by allowing the prime minister and government officials to influence judicial appointments, which is against international standards for an independent judiciary.
Syed Amir is also requesting an order to compel the prime minister and government to follow the proper judicial appointment process, without interference from the JAC.
Additionally, he is asking for an interim stay on all judicial appointments made under the JAC Act 2009, until the court fully resolves the issue.
Since the establishment of the JAC in 2009, a total of 521 judicial appointments have been made, according to official statistics published on the JAC website as of April 2025.
These appointments include four chief justices of Malaysia, and five presidents of the Court of Appeal.
The most recent judicial appointments by the JAC were Datuk Seri Hasnah Mohammed Hashim as chief judge of the High Court in Malaya, and former attorney general Datuk Ahmad Terrirudin Salleh as a Federal Court judge.
Syed Amir contends that the JAC’s structure, which includes members appointed by the prime minister, makes it vulnerable to political influence, which compromises the judiciary’s independence.
He believes this involvement of the executive undermines the separation of powers, and creates an imbalance between government branches.
Download the lawyer's press statement here.