10-01-2021, 11:49 AM
![[Image: Istana-Kehakiman-fmt-010920-1.jpg]](https://s3media.freemalaysiatoday.com/wp-content/uploads/2020/09/Istana-Kehakiman-fmt-010920-1.jpg)
PETALING JAYA: A retired judge has suggested that a 1988 amendment to Article 121 in the Federal Constitution be repealed to affirm that judicial power remains with the judiciary.
Gopal Sri Ram said the repeal of an amending Act required a simple majority unlike a constitutional amendment that required two-thirds majority support of MPs.
“Article 159 states the super majority for an amendment to the constitution and not a repeal of an amending Act. The pre-1988 position will automatically revert if the amending Act is repealed,” he said.
The former Federal Court judge said this in response to the memorandum of understanding (MoU) between the federal government and Pakatan Harapan (PH) on “political stability and transformation” where, among other things, they agreed to enhance the independence of the judiciary.
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