Page 93 - Official Year Book 2020
P. 93
JUDICIARY

The Judiciary is the third part in the Malaysian
Government system. The Judicial power is
subject to the High Court and Subordinate Court.

The Judicial power also relies on the
Supreme Court which has certain
powers as set in Articles 126, 128 and
130 of the Federal Constitution.

Function of the Judiciary The handover of instruments of appointment OFFICIAL YEAR BOOK 202 890
to Appeal Court President and Federal Court
The function depends on the status of Judge.
the courts namely the Supreme Court,
High Court and Subordinate Court. after consultation with the Conference
The High Court consists of two (2) of Rulers. The number of judges
units, the High Court of Malaya – one appointed in the country is determined
for Peninsular Malaysia and another by the Federal Constitution, although
for Sabah and Sarawak (formerly their membership may be changed
named Borneo). The Subordinate upon the command or instructions
Court in Peninsular Malaysia, from His Majesty Seri Paduka Baginda
Sabah and Sarawak consists of the Yang di-Pertuan Agong. The Judicial
Sessions Court, Magistrate Court and Appointments Commission was
Chief Court (Mahkamah Penghulu) established in line with the effectiveness
in Peninsular Malaysia and the of the Judicial Appointments
Traditional / State Court (Mahkamah Commission Act 2009 (Act 695) to
Adat / Negeri) in Sabah and Sarawak. ensure the choice and appointment
Besides that, there is also a Juvenile of judges is transparent in order to
Court which discuss issues on children uphold the integrity of the judiciary. The
and those under the age of 18 years. superior court judges involved are the
These function are carried out in Chief Justice, Appeals Court President,
accordance with the powers given by Chief Judge of Malaya, Chief Judges of
the Constitution to the courts. Sabah and Sarawak, Chief Judge of the
Federal Court, Appeals Court Judge and
Appointment of Judges the High Court.

The Superior Court judges are
appointed by His Majesty Seri Paduka
Baginda Yang di-Pertuan Agong upon
the advice from the Prime Minister
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