The Constitution (Amendment) Bill 2026, separating the Attorney General and Public Prosecutor, is tabled for its first reading in Parliament today.

KUALA LUMPUR: A landmark bill to separate the roles of the Attorney General and the Public Prosecutor was tabled for its first reading in the Dewan Rakyat.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the Constitution (Amendment) (No. 2) Bill 2026.

The bill seeks to amend the Federal Constitution to provide for the appointment of a distinct Public Prosecutor, removing the prosecutorial function from the Attorney General’s office.

It introduces safeguard provisions for the Public Prosecutor and makes related changes arising from this separation.

A key amendment concerns Article 42 on the power of pardon, where the Public Prosecutor will assume the Attorney General’s current role on state Pardons Boards.

The Public Prosecutor will submit written opinions to the boards under the proposed changes.

Article 132 will be amended to stipulate that both offices shall not form part of the federal public service.

Article 138 is to be revised to reflect additional functions of the Judicial and Legal Service Commission.

A new clause will empower the commission to carry out further functions as provided under the Constitution.

Pursuant to the proposed introduction of Article 145A, the commission will assume new responsibilities.

These relate to the appointment, representation in dismissal proceedings and suspension recommendations for the Public Prosecutor.

The bill also seeks to add three ex officio members to the Judicial and Legal Service Commission.

They are the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak.

The Solicitor General will also become an ex officio member of the commission.

The two Chief Judges are to be permanent members due to their supervisory roles over the subordinate courts.

Following the separation, the Attorney General will no longer be from the judicial and legal service.

The function as head of the judicial and legal service will be carried out by the Solicitor General.

Azalina said the second reading of the bill would also be done during the current parliamentary sitting.

 The Sun Malaysia