What is the core change in Clause 21 regarding executive advice?

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Clause 21 Explicitly Excludes Executive Advice in Public Prosecutor Appointments

Clause 21 introduces a significant departure from established constitutional practice by stipulating that neither the Prime Minister nor the Cabinet shall advise the Yang di-Pertuan Agong concerning matters related to the appointment of the Public Prosecutor under this specific Article. This provision, highlighted as a "game changer," aims to alter the traditional executive influence in the appointment process for this critical legal office.
Restriction on Prime Ministerial and Cabinet Counsel

The newly proposed Clause (21) directly addresses the role of the executive branch in the appointment of the Public Prosecutor. It states that the Prime Minister and the Cabinet are precluded from providing advice to the Yang di-Pertuan Agong for the purposes of this particular Article. This is a notable shift, as executive advice typically plays a central role in many high-level appointments within the Malaysian governmental framework.
Constitutional Framework and Article 40

This exclusion is framed as an exception to Article 40 of the Federal Constitution, which generally outlines the Yang di-Pertuan Agong's role in acting on the advice of the Cabinet or a Minister. By introducing Clause (21) "Notwithstanding Article 40," the amendment carves out a specific scenario where this usual advisory mechanism is bypassed for the appointment of the Public Prosecutor. This suggests a deliberate intent to insulate the appointment process from direct political influence.
Strengthening Parliamentary and Judicial Roles

The amendment, as proposed by the parliamentary special select committee (PSSC), is part of broader efforts to enhance the scrutiny and recommendation process for the Public Prosecutor's appointment. While Clause (21) focuses on removing executive advice, other proposed changes aim to increase the roles of Parliament and the Judicial and Legal Service Commission. For instance, Clause (18) as amended proposes that the Judicial and Legal Service Commission inform Parliament of nominated candidates, allowing for parliamentary comments.

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What is the core change in Clause 21 regarding executive advice?

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