
In a statement, the palace said the appointment of top judges is an important national matter that must be handled carefully, with integrity and in line with the Federal Constitution.
It said Article 122B of the Federal Constitution clearly states that these appointments are made by the Yang di-Pertuan Agong on the advice of the prime minister.
“This clearly reflects the principle of checks and balances within the country’s judicial system,” it said in a statement.
Istana Negara said the Judicial Appointments Commission Act 2009 only outlined the process of selecting candidates for judicial appointments, while the authority to advise the king was solely the prime minister’s.
“Appointments under the Federal Constitution must be handled lawfully so that the exercise of the Yang di-Pertuan Agong’s powers is not politicised by anyone.”
Pandan MP Rafizi Ramli and several other PKR MPs had called for a royal commission of inquiry (RCI) and a parliamentary committee hearing following the delays in the appointment of top judicial positions, including that of the chief justice.
Chief Judge of Malaya Hasnah Hashim is serving as acting chief justice following the retirement of Tengku Maimun Tuan Mat.
Federal Court judge Zabariah Yusof meanwhile is the acting Court of Appeal president after Abang Iskandar Abang Hashim’s retirement last week.
The Attorney-General’s Chambers previously rebuffed Rafizi’s call for an RCI, saying the matter was proceeding in accordance with the Federal Constitution, and that any suggestion of a crisis was unfounded.