The Appointment of Judges in Malaysia Is by the Executive

      The appointment of judges in Malaysia is by the executive, as shown in Article 122B of the FC, where the appointment of judges of the superior courts (Federal Court, Court of Appeal, and High Court) is made by Yang di-Pertuan Agong (YDPA), acting on the advice of the Prime Minister after consulting the Conference of Rulers. According to Article 122B(2) of FC, before the Prime Minister tenders his advice to the appointment of judges other than Chief Justice of the Federal Court, he shall consult Chief Justice. In appointment of the Chief Judge of the High Court as provided in Article 122B (3) of FC, the Prime Minister shall consult the Chief Judge of each of the High Courts and, if the appointment is to the High Court of Sabah and Sarawak, PM shall consult the Chief Minister of each Sabah and Sarawak. For the appointment of a judge, the PM shall consult, if the appointment is to the Federal Court, the Chief Justice of the Federal Court, if the appointment is to the Court of Appeal, the President of the Court of Appeal and, if the appointment is to one of the High Courts, the Chief Judge of that Court.  Article 123 of FC prescribes the minimum qualification for the appointment as a judge of the superior courts. A person is qualified if he is a citizen; and for the years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the Federation or a State.  On the other hand, no judge can be transferred other than by the Chief Justice. Article 122C of FC states that the YDPA and judicial officer of a subordinate court cannot transfer a judge except on the advice of Chief Justice.

   Looking at the judicial occupancy in Malaysia, the judges hold their office until the age of 65, not being   later than 6 months after he attain that age, as the YDPA may approve, according to Article 125(1) of FC. In Article 125(3) of FC, the YDPA can dismiss a judge only after a judicial tribunal of not less than five local or Commonwealth judges, and if representations are made to the YDPA that a judge ought to be removed on the ground of breach of the Code of Ethics, inability from infirmity of body or mind or any other cause to discharge the functions of his office. Once appointed by the YDPA, a judge cannot be removed from the office unless they involve in any action stipulated in the same article. Furthermore, the salaries of the judges are fixed and adequate to avoid corruption and bribery in the judiciary. In Article 125(6) of FC, the remuneration of judges is charged on the Consolidated Fund. The judges’ remuneration and other terms of appointment (including pension rights) cannot be altered as in Article 125(7) of FC. All judges’ remunerations can be found at Judges Remuneration Act 1971.

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