June 21, 2008
MINISTER in the Prime Minister’s Department Datuk Zaid Ibrahim is seeking to restore the original wording of Article 121(1) of the Federal Constitution.
He said he suggested this to the cabinet last week but was unsure when it would happen.
Article 121(1) originally read: “Subject to Clause (2), the judicial power of the Federation shall be vested in two High Courts of coordinate jurisdiction and status, namely…???
Zaid said the article was amended after the judicial crisis in 1988 to remove “… the judicial power of the Federation shall be vested…???.
It now reads: “There shall be two High Courts of coordinate jurisdiction and status, namely…???.
Zaid, who is de facto law minister, said the restoration of the article’s original wording was not intended to reduce the prime minister’s power but to ensure the judiciary was free from outside influence.
With the separation of powers of the executive, legislature and judiciary in the country, it would strengthen and enhance the judicial system, he said.
“According to the original article, judges are free to make decisions in a transparent and orderly manner and, with this, outside influence can be controlled,??? he said.
“The proposal to restore the original wording of Article 121(1) has received support from Chief Justice Tun Abdul Hamid Mohamad. I will also convince other parties and the powerful people.???