KUALA LUMPUR – The Federal Constitution outlines mechanisms to address judicial misconduct, including the power to suspend judges under investigation, says Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
In a statement, Azalina said Articles 125(3) and (4) of the constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate judicial misconduct.
“The judges that are being investigated can be suspended from their duties upon the advice of the prime minister following discussion with the chief justice,” she said.
Additionally, Article 125(3A) empowers the chief justice to refer any breach of ethics to the Judicial Ethics Committee, established under the Judges’ Ethics Committee Act 2010.
Article 125(3B) also supports a written code of conduct, currently the Judges’ Code of Ethics 2009.
“This ethics framework is (created) for the purpose of ensuring that the judiciary institution is free from political or external influences, thereby upholding the supremacy of the Constitution and the rule of law.
“This process means that the executive and legislative branches could not interfere in issues of judicial ethics. This freedom is crucial to maintain public confidence in the national justice system.”
Azalina also said the government has taken note of concerns raised by the Bar Council during the “Walk to Safeguard Judicial Independence” rally held yesterday, and is committed to addressing the matter transparently and in accordance with the Constitution.
She said the Legal Affairs Department of the Prime Minister’s Department (BHEUU) is working with select committees from the Dewan Rakyat and the Senate to conduct a comparative review on judicial appointments for the superior courts.
The review aims to provide better clarity on the role of the Judicial Appointments Commission (JAC), while addressing issues raised by the Bar Council.
“The government is always open to views from various parties, including the Bar Council, who will be invited to participate in this review.
“Additionally, issues raised by the Bar should be examined in accordance with the Federal Constitution, the Judicial Appointments Commission (JAC) Act 2009, and all other applicable laws.”
Azalina’s statement comes in the wake of a leaked document alleged to be minutes of a JAC meeting.
The document, believed to have first surfaced on Reddit on Saturday before spreading to Facebook and X, allegedly contains claims similar to those in a leaked police report filed in June on behalf of a senior judge, a local news site reported.
The report was lodged after the outlet contacted the judge for comment on allegations of judicial interference. The incident has intensified calls for a Royal Commission of Inquiry (RCI).
Police are investigating the leak of the JAC minutes under the Official Secrets Act and two other laws. – July 15, 2025