Dewan Rakyat has to reciprocate in kind by supporting the Constitution (Amendment) (No. 2) Bill 2026 — Hafiz Hassan

JULY 9 — The Cabinet has reportedly agreed to proposed amendments by the parliamentary special select committee (PSSC)  which to consider the Constitution (Amendment) (No. 2) Bill 2026 (the Bill).

The proposed amendments seek to strengthen Parliament’s role in the scrutiny process and recommendations for the appointment of the Public Prosecutor.

It is opportune time to highlight the amendments to the Bill as proposed by the 11-member bipartisan PSSC.

The improved Bill is scheduled to be tabled on July 13 for debate.

The improvements, which may be called “enhancements” as well, can be seen in the comparison between the original provisions in the Bill and proposed amendments by the PSSC as shown below.

Clause (1) of the new Article 145A in the Bill reads as follows:

“(1) The Yang di-Pertuan Agong shall in his discretion, on the recommendation of the Judicial and Legal Service Commission and after consultation with the Conference of Rulers, appoint a person qualified under Clause (2) to be the Public Prosecutor for the Federation.”

After amendments by the PSSC, Clause (1) will read as follows (the amendments are underlined):

“(1) The Yang di-Pertuan Agong shall on the advice of the Judicial and Legal Service Commission and after consultation with the Conference of Rulers, appoint a person qualified under Clause (2) to be the Public Prosecutor for the Federation from the names of persons in accordance with the advice of the Judicial and Legal Service Commission.”

Clause (5) will be substituted and will read as follows:

“(5) Subject to Clause (8), the Public Prosecutor shall be appointed for a term of office of seven years and the appointment shall not be renewed and shall not be eligible for reappointment.”

Clause (9) currently reads as follows:

“(9) If the Judicial and Legal Service Commission represents to the Yang di-Pertuan Agong that the Public Prosecutor ought to be removed on the grounds of inability, from infirmity of body or mind, properly to discharge the functions of his office, or of misconduct or misbehaviour, the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (10) and refer the representation to it; and may on the recommendation of the tribunal remove the Public Prosecutor from office.”

After amendments, Clause (9) will read as follows:

“(9) If the Judicial and Legal Service Commission represents to the Yang di-Pertuan Agong that the Public Prosecutor ought to be removed on the grounds of inability, from infirmity of body or mind, properly to discharge the functions of his office, or of misconduct or misbehaviour or on the ground of breach of any provision of the code of ethics prescribed under Clause (19), the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (10) and refer the representation to it; and may on the recommendation of the tribunal remove the Public Prosecutor from office.”

As reported, Clause (18) in the Bill will be substituted and will read as follows:

“(18) The Judicial and Legal Service Commission shall inform Parliament the names of persons to be nominated as Public Prosecutor and Parliament may give comments to the Judicial and Legal Service Commission, if any.”

The PSSC does not stop there. It proposes three new Clauses: Clause (19), Clause (20) and Clause (21), which are as follows:

“(19) The Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission may prescribe in writing a code of ethics for the Public Prosecutor.”

“(20) Parliament may by law provide for matters relating to the appointment, removal and report of the Public Prosecutor under Clause (7) of Article 145B and the procedure to be followed under this Article.”

“(21) Notwithstanding Article 40, for the purposes of this Article, the Prime Minister and the Cabinet shall not advise the Yang di-Pertuan Agong.”

The PSSC has also proposed a new Clause (7) to the new Article 145B. It reads as follows:

“(7) The Public Prosecutor shall submit an annual report on matters relating to administration, management and financial position of his office to the Yang di-Pertuan Agong on 31 May the following year, who shall cause it to be laid before Parliament.”

By the above proposed amendments, the PSSC has indeed considered various views from stakeholders, including government and opposition MPs, legal experts and civil society organisations.

Clause (21) is, in particular, a game changer. There is none like it in the Federal Constitution.

Kudos to the PSSC for a tremendous job at enhancing the Bill.

It is now for the Dewan Rakyat to reciprocate in kind by supporting the Bill.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.