KUALA LUMPUR — The Constitution (Amendment) (No. 2) Bill 2026, aimed at separating the roles of the Attorney General and the Public Prosecutor, was tabled for its first reading in the Dewan Rakyat today.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, who tabled the Bill, said the second reading of the Bill would also be done during the current sitting, Bernama reports.
The Bill seeks to amend the Federal Constitution to provide for the appointment of a Public Prosecutor, in line with the proposed separation of the prosecutorial function from the Attorney General.
The amendments also introduce safeguard provisions for the Public Prosecutor and make related changes arising from the separation.
The Bill proposes amendments to Article 42 of the Federal Constitution concerning the power of pardon, which currently provides that the Attorney General is a member of each state’s Pardons Board and submits written opinions to the board. Under the proposed changes, this role will be assumed by the Public Prosecutor.
Article 132, relating to the public service, will also be amended to stipulate that the offices of the Attorney General and Public Prosecutor shall not form part of the federal public service.
Article 138 is to be revised to reflect additional functions of the Judicial and Legal Service Commission following the separation of roles.
A new clause will empower the commission to carry out further functions as provided under the Constitution.
In addition to its existing duties, and pursuant to the proposed introduction of Article 145A, the commission will assume responsibilities relating to the appointment, representation in dismissal proceedings and recommendations for the suspension of the Public Prosecutor.
The Bill also seeks to add three ex officio members to the Judicial and Legal Service Commission, namely the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, and the Solicitor General.
The two Chief Judges are to be permanent members in view of their supervisory roles over the subordinate courts.
Following the separation of the role of the Public Prosecutor from the Attorney-General, the Attorney-General will no longer be from among the members of the judicial and legal service, and the function as the head of the service will be carried out by the Solicitor-General. – February 23, 2026