Perlembagaan Persekutuan
(1) Subject to the provisions of Clauses (2) to (5), a judge
- Jurisdiction
- Malaysia
- Provision
- 125
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source125. (1) Subject to the provisions of Clauses (2) to (5), a judge
of the Federal Court shall hold office until he attains the age of
sixty-six years or such later time, not being later than six months
after he attains that age, as the Yang di-Pertuan Agong may approve.
(2) A judge of the Federal Court may at any time resign his
office by writing under his hand addressed to the Yang di-Pertuan
Agong but shall not be removed from office except in accordance
with the following provisions of this Article.
(3) If the Prime Minister, or the Chief Justice after consulting
the Prime Minister, represents to the Yang di-Pertuan Agong that
a judge of the Federal Court ought to be removed on the ground
of any breach of any provision of the code of ethics prescribed
under Clause (3b) or on the ground of inability, from infirmity
of body or mind or any other cause, properly to discharge the
functions of his office, the Yang di-Pertuan Agong shall appoint a
tribunal in accordance with Clause (4) and refer the representation
to it; and may on the recommendation of the tribunal remove the
judge from office.
(3a) Where a judge has committed a breach of any provisions
of the code of ethics prescribed under Clause (3b) but the Chief
Justice is of the opinion that the breach does not warrant the
judge being referred to a tribunal appointed under Clause (4),
the Chief Justice may refer the judge to a body constituted under
federal law to deal with such breach.
(3b) The Yang di-Pertuan Agong on the recommendation of
the Chief Justice, the President of the Court of Appeal and the
Chief Judges of the High Courts may, after consulting the Prime
Minister, prescribe in writing a code of ethics which shall also
include provisions on the procedure to be followed and sanctions
which can be imposed other than the removal of a judge from
office under Clause (3), in relation to a breach of any provision
of the code of ethics.
(3c) The code of ethics prescribed under Clause (3b) shall be
observed by every judge of the Federal Court and every judicial
commissioner.
[Article 125] Federal Constitution 119
(4) The tribunal appointed under Clause (3) shall consist of
not less than five persons who hold or have held office as judge
of the Federal Court, the Court of Appeal or a High Court, or, if
it appears to the Yang di-Pertuan Agong expedient to make such
appointment, persons who hold or have held equivalent office
in any other part of the Commonwealth, and shall be presided
over by the member first in the following order, namely, the
Chief Justice of the Federal Court, the President and the Chief
Judges according to their precedence among themselves, and other
members according to the order of their appointment to an office
qualifying them for membership (the older coming before the
younger of two members with appointments of the same date).
(5) Pending any reference and report under Clause (3) the
Yang di-Pertuan Agong may on the recommendation of the Prime
Minister and, in the case of any other judge after consulting the
Chief Justice, suspend a judge of the Federal Court from the
exercise of his functions.
(6) Parliament shall by law provide for the remuneration of
the judges of the Federal Court, and the remuneration so provided
shall be charged on the Consolidated Fund.
(6a) Subject to the provisions of this Article, Parliament may
by law provide for the terms of office of the judges of the Federal
Court other than their remuneration.
(7) The remuneration and other terms of office (including
pension rights) of a judge of the Federal Court shall not be altered
to his disadvantage after his appointment.
(8) Notwithstanding Clause (1), the validity of anything done
by a judge of the Federal Court shall not be questioned on the
ground that he had attained the age at which he was required to
retire.
(9) This Article shall apply to a judge of the Court of Appeal
and to a judge of a High Court as it applies to a judge of the
Federal Court, except that the Yang di-Pertuan Agong before
suspending under Clause (5) a judge of the Court of Appeal or
a judge of a High Court other than the President of the Court
of Appeal or the Chief Judge of a High Court shall consult the
President of the Court of Appeal or the Chief Judge of that High
Court instead of the Chief Justice of the Federal Court.
[Article 125] Federal Constitution 120
(10) The President of the Court of Appeal and the Chief Judges
of the High Courts shall be responsible to the Chief Justice of
the Federal Court.
Exercise of powers by judges
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Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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