KUALA LUMPUR (Oct 28): The Judicial Appointments Commission requires urgent reforms as excessive executive influence risks undermining the judiciary’s independence, the Negeri Sembilan ruler flagged.
Current provisions governing the body, originally created to safeguard impartiality, may not be adequate, said the Yang di-Pertuan Besar of Negeri Sembilan Tuanku Muhriz Tuanku Munawir. In particular, the commission's mechanism to pick its permanent members needs to be reworked, he noted.
“Immediate reforms need to be considered to strengthen the independence of the Commission, and ultimately the judiciary,” Tuanku Muhriz said. “There is a need for a diverse and independent mechanism when it comes to the selection of the five eminent persons on the Commission.”
Under the law passed in 2009, the prime minister appoints a Federal Court judge and another four members outside of the government to the nine-person commission. The commission is currently chaired by the Chief Justice of Malaysia Datuk Wan Ahmad Farid Wan Salleh.
Tuanku Muhriz was speaking on Tuesday at the launch of Perspectives on Public Law: Essays on Fundamental Rights — a compilation of articles published under the supervision of retired Court of Appeal judge Datuk Seri Mohd Hishamudin Yunus. The book launch was organised by law firm Rosli Dahlan Saravana Partnership.
Wan Ahmad Farid was also present at the event, along with former chief justice Tun Tengku Maimun Tuan Mat and more than 45 judges from the Federal Court, Court of Appeal and the High Court.
In his speech, Tuanku Muhriz said those appointed to the commission must not only be free from political influence, but also be inclusive to reflect Malaysia’s multiracial society and the federation of Peninsular states, Sabah and Sarawak.
He emphasised that judicial independence is the “backbone of any functioning society” and the foundation of all human rights. “Without an independent judiciary, the supreme law of the land, the Federal Constitution, becomes merely a symbolic document, and not a living, enforceable guarantee of the rights and freedoms of the rakyat,” he noted.
The remarks come barely months after a controversy surrounding a prolonged delay in the appointment of the country’s top judges which had raised concerns from lawyers, activists, the Opposition and even from within the ruling coalition.
"As Malaysia continues to evolve socially, politically, and economically, judges must be free to make decisions based solely on the law and the facts before them; free from external influence, be it political pressure or otherwise; free from fear of reprisal. This is not merely a legal requirement. It is a moral obligation owed to the rakyat," Tuanku Muhriz said.
He reminded all branches of government — and society at large — of their duty to uphold judicial independence not just in words, but via concrete action through sufficient resources, institutional safeguards, transparent appointments and the defence of judicial integrity at all levels. Tuanku Muhriz has a law degree from the University College of Wales at Aberystwyth.
Meanwhile, Wan Ahmad Farid said in his speech that an independent judiciary is at the heart of human rights.
“When individuals regress or engage in issues, they need judges free from government, political, or powerful interests of even their peers, to serve as truly impartial adjudicators,” he said.
Only an independent judiciary would have the courage to scrutinise executive decisions, strike down unconstitutional laws and ensure no one is above the law, he added.