Skip to main content

Constitution of Malaysia: An Introduction Part 14

PART IX - THE JUDICIARY

125

(1) Subject to the provisions of Clauses (2) to (5), a judge of the Supreme Court shall hold office until he attains the age of sixty- five years or such later time, not being later than six months after he attains that age, as the Yang di- Pertaun Agong may approve.

(2) A judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the Yang di- Pertaun Agong but shall not be removed from office except in accordance with the following provisions of this Article.

(3) If the Prime Minister, or the Lord President after consulting the Prime Minister, represents to the Yang di- Pertuan Agong that a judge of the Supreme Court oath to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or of any cause, properly to discharge the functions of his office, the Yang di- Pertaun Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

(4) The said tribunal shall consist of not less than five persons who hold or have held office as judge of the Supreme Court or a High Court or, if it appears to the Yang di- Pertaun Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Common Wealth and shall be presided over by the member first in the following order, namely, the Lord President of the Supreme Court, the Chief Justices according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date.

(5) Pending any reference and report under Clause (3) the Yang di- Pertaun Agong may on the recommendation of the Prime Minister and, in case of any other judge after consulting the Lord President, suspend a judge of the Supreme Court from the exercise of his functions.

(6) Parliament shall by law provide for the enumeration so provided shall be charged on the Consolidated Fund.

(6A) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of the judges of the Supreme Court other than their enumeration.

(7) The enumeration and other terms of office (including pension rights) of a judge of the Supreme Court shall not be altered to his disadvantage after this appointment.

(8) Notwithstanding Clause (1) the validity of anything done by a judge of the Supreme Court shall not be questioned on the ground that he has attained the age at which he was required to retire.

(9) This Article shall apply to a judge of a High Court as it applies to a judge of a Supreme Court, except that the Yang di- Pertaun Agong before suspending under Clause (5) a judge of a High Court other than the Chief Justice shall consult the Chief Justice of that Court instead of the Lord President of the Supreme Court.

(10) (Repealed).

125a

(1) Notwithstanding anything contained in this Constitution, it is hereby declared that-

(a) The Lord President of the Federal Court and a judge of the Supreme Court may exercise all or any of the powers of the judge of a High Court; and

(b) A judge of the High Court in Malaya may exercise all or any of the powers of a judge of the High Court in Borneo, and visa versa.

(2) The provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day.

Source: Federal Constitution 1957

Comments

Popular posts from this blog

Constitution of Malaysia: An Introduction Part 5

7 (1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. (2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

India-Malaysia ties and the future

Prime Minister Anwar Ibrahim is on his first official visit to India. The main aim of this visit is to seek support for Malaysia’s application to join Brics and to fortify bilateral ties, as the country is keen to improve its connections with one of the rapidly expanding economies in Asia. In light of the increasing crumbling of the global order, particularly stemming from trade disputes between the United States and China, as well as the proxy conflict involving the United States and Russia, Malaysia is encouraged to reassess its foreign policy to uphold its neutral stance. Given India’s status as the largest democracy and the fifth-largest economy globally, along with its notable advancements in indigenous space and defence technologies, it is proposed that India emerge as Malaysia’s key partner in the years ahead. Why India is important for Malaysia The historical ties between India and Malaysia extend back several centuries, with significant Indian cultural, religious, and administ...

Brexit: A lesson for Malaysians

Yesterday, Britons through a referendum made a decision to leave European Union. The ruling Conservative Party divided on this referendum and David Cameron in favour of ‘Remain’ was defeated outright. Even though he is disagreed with the decision of Britons, he announced that he is resigning from his premiership in respect of people’s decision. We can expect in a mature democracy country like United Kingdom this is vastly anticipated to be transpired.   A few days ago, the current Chief Commissioner of Malaysian Anti-Corruption of Commission made a statement that he is stepping down from his position and there are some rumours indicating that a few prominent officers from the said Commission will either resign or retire. It’s very eccentric news for Malaysians as it will have a profound impact on bribery and corruption issues in Malaysia as a whole. Recently, the results of two by elections were won by Barisan Nasional, the ruling party of Malaysia. Many promises had been...