How would the proposed Article 145A differ from current provisions?

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Proposed Article 145A Introduces Specific Frameworks for Public Prosecutor

The proposed Article 145A of the Federal Constitution aims to establish a distinct legal framework for the appointment, qualification, terms of office, remuneration, and removal of the Public Prosecutor. This new article, as amended by the Parliamentary Special Select Committee (PSSC), introduces specific provisions that would govern the Public Prosecutor's office, including parliamentary oversight and a code of ethics, while notably excluding the Prime Minister and Cabinet from advising the Yang di-Pertuan Agong on matters concerning the Public Prosecutor.
Parliament to Legislate on Prosecutor's Appointment and Removal

Under the proposed Clause (20) of Article 145A, Parliament will be empowered by law to outline the procedures for the appointment, removal, and reporting mechanisms related to the Public Prosecutor. This provision allows for a legislative approach to defining these critical aspects of the Public Prosecutor's tenure, ensuring that such matters are addressed through parliamentary statutes. The PSSC's proposal signifies a move towards codifying these processes, which would then be subject to parliamentary debate and approval.
Code of Ethics to be Prescribed for the Public Prosecutor

A new Clause (19) has been put forward, suggesting that the Yang di-Pertuan Agong, acting on the advice of the Judicial and Legal Service Commission, may issue a written code of ethics for the Public Prosecutor. This inclusion indicates an intention to formalise ethical guidelines for the Public Prosecutor's conduct. The development of such a code would provide a clear set of principles and standards that the Public Prosecutor is expected to adhere to in the performance of their duties.
Executive Influence on Appointments and Removals to be Limited

The proposed Clause (21) of Article 145A explicitly states that, notwithstanding Article 40 of the Constitution, the Prime Minister and the Cabinet shall not advise the Yang di-Pertuan Agong concerning the matters covered by this Article. This exclusion is significant as it aims to insulate the appointment, removal, and suspension of the Public Prosecutor from direct executive advice. The intention behind this clause is to reduce the potential for political influence over these crucial decisions, fostering greater independence for the Public Prosecutor.

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How would the proposed Article 145A differ from current provisions?

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