V. THOMAS’ “Parliament should elect AG to prevent political interference” is an interesting read. 

Given how the role of the attorney-general (AG) has gotten mired over the years, it is understandable why the writer has suggested “a better alternative to the selection of AG”, that is, to have the AG elected by parliament and not selected by the prime minister, and subsequently endorsed by the king. 

However, let’s not lose sight that the AG is the principal legal adviser to the government. Article 145(2) of the Federal Constitution spells out the duty of the AG, as follows: “It shall be the duty of the attorney-general to advise the Yang di-Pertuan Agong or the cabinet or any minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the cabinet, and to discharge the functions conferred on him by or under this constitution or any other written law.” 

If the AG’s responsibility is as stated above, parliament should have no business in the election or selection of the legal advisor to the government? What is widely known as the government is the executive, which is one of three branches of government, the other two being parliament and the judiciary.

The principle of separation of powers governs the three branches. 

Recently, many are agreeable with the proposal by the Conference of Rulers to remove the prime minister’s power to appoint five representatives to the nine-member Judicial Appointments Commission (JAC), the body that proposes candidates to be appointed judges in the superior courts. 

This is to ensure the independence of JAC in carrying out its responsibilities. Leaving out the prime minister would be consistent with the principle of separation of powers.

We should therefore be on the same page that parliament should not be involved in the choice of the government of its legal advisor.

Make the AG answerable to parliament under the law or parliamentary rules, but parliament should not meddle in the appointment of the AG. – December 29, 2022.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.