Murray Hunter
Judicial reforms on the basis of united front
P Ramasamy
Jun 22, 2025
Urimai or the United Rights of the Malaysian Party backs the call of Takiyuddin Hassan of PN to amend Article 121 of the Federal Constitution to restore the separation of powers between the judiciary, the legislative and the executive.
As stated by Takiyuddin, the government has adequate members of parliament to see through the amendment.
As it is widely known, the passage of constitutional amendment hampered the dispensation of justice when the courts became beholden to the Parliament.
The government’s action in the suspension of five judges in 1988 was an assault on the judiciary that was so carefully guarded by the Federal Constitution.
An amendment to the Federal Constitution reduced the function of the judiciary as another arm of the government.
Takiyuddin believes that this amendment should be removed to restore the judiciary to its original function that existed prior to the 1988 infamous dark episode.
The political context in which the present government is ceaselessly talking about reforms provides a powerful reason why institutional reforms are urgently needed in the country.
Institutional reforms such as enhancing the power of the judiciary through a constitutional amendment, rendering the MACC responsible to the Parliament and others cannot be postponed anymore.
Furthermore, piecemeal reforms or everyday forms of changes should not be confused with fundamental or institutional reforms.
The Madani government under Prime Minister Anwar Ibrahim facing criticisms for the lack of reform seems to be snatching even ordinary changes by calling them reforms.
Anwar might have defended institutional reforms when he was in the opposition, but he is different now. Knowing that control of the judiciary in the appointment of the judges is crucial to him staying in power, then the question of rendering the judiciary free from political encumbrances remains difficult under the present political circumstances.
Even if there are mechanisms in the appointment of judges free from political interference, the prime minister has still the powers to advise the Yang Dipertuan Agong the actual choice.
In other words, the amendment to the Article 121 of the Federal Constitution suggests the removal of the prime minister’s role in the appointment of the judges.
In the light of the recent high profile corruption cases getting the status of discharge not amounting to acquittal or DNNA there is indeed a pressing need to ensure the judicial decisions are free of political interference from the executive.
When it comes to restoring the independence of the judiciary, Anwar despite all his earlier boasts of sweeping reforms in the larger interest of democracy and justice, is a big disappointment to Malaysians.
It looks as though there is no interest on the part of the government to initiate the constitutional amendment to democratise the judiciary.
Without the presence of a powerful, independent and viable judiciary, there is no such thing as progress and enlightenment.
This is why the opposition should form a united front to bring about the desired changes to free and democratise the nation’s judiciary.
The Madani government in this respect is the most hypocritical because it believes that power and absolute power are essential to remain in office.
Urimai calls upon Malaysians to join forces with the opposition and right thinking Malaysian to call for judicial reforms in the country.
Jun 22, 2025
Urimai or the United Rights of the Malaysian Party backs the call of Takiyuddin Hassan of PN to amend Article 121 of the Federal Constitution to restore the separation of powers between the judiciary, the legislative and the executive.
As stated by Takiyuddin, the government has adequate members of parliament to see through the amendment.
As it is widely known, the passage of constitutional amendment hampered the dispensation of justice when the courts became beholden to the Parliament.
The government’s action in the suspension of five judges in 1988 was an assault on the judiciary that was so carefully guarded by the Federal Constitution.
An amendment to the Federal Constitution reduced the function of the judiciary as another arm of the government.
Takiyuddin believes that this amendment should be removed to restore the judiciary to its original function that existed prior to the 1988 infamous dark episode.
The political context in which the present government is ceaselessly talking about reforms provides a powerful reason why institutional reforms are urgently needed in the country.
Institutional reforms such as enhancing the power of the judiciary through a constitutional amendment, rendering the MACC responsible to the Parliament and others cannot be postponed anymore.
Furthermore, piecemeal reforms or everyday forms of changes should not be confused with fundamental or institutional reforms.
The Madani government under Prime Minister Anwar Ibrahim facing criticisms for the lack of reform seems to be snatching even ordinary changes by calling them reforms.
Anwar might have defended institutional reforms when he was in the opposition, but he is different now. Knowing that control of the judiciary in the appointment of the judges is crucial to him staying in power, then the question of rendering the judiciary free from political encumbrances remains difficult under the present political circumstances.
Even if there are mechanisms in the appointment of judges free from political interference, the prime minister has still the powers to advise the Yang Dipertuan Agong the actual choice.
In other words, the amendment to the Article 121 of the Federal Constitution suggests the removal of the prime minister’s role in the appointment of the judges.
In the light of the recent high profile corruption cases getting the status of discharge not amounting to acquittal or DNNA there is indeed a pressing need to ensure the judicial decisions are free of political interference from the executive.
When it comes to restoring the independence of the judiciary, Anwar despite all his earlier boasts of sweeping reforms in the larger interest of democracy and justice, is a big disappointment to Malaysians.
It looks as though there is no interest on the part of the government to initiate the constitutional amendment to democratise the judiciary.
Without the presence of a powerful, independent and viable judiciary, there is no such thing as progress and enlightenment.
This is why the opposition should form a united front to bring about the desired changes to free and democratise the nation’s judiciary.
The Madani government in this respect is the most hypocritical because it believes that power and absolute power are essential to remain in office.
Urimai calls upon Malaysians to join forces with the opposition and right thinking Malaysian to call for judicial reforms in the country.
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