The government says referring the AG-PP separation bill to a select committee is a standard parliamentary check and balance, not a new practice.
PUTRAJAYA: The Legal Affairs Division (BHEUU) has clarified that the process of referring the Constitution (Amendment) Bill (No.2) 2026 to a Special Select Committee is a standard part of parliamentary checks and balances.
In a statement, BHEUU emphasised that this approach is not a new practice for the Malaysian Parliament, citing several historical precedents where bills were similarly scrutinised by committees chaired by ministers.
These include amendments to the Penal Code and Criminal Procedure Code in 2004, the anti-party hopping constitutional amendment in 2022, and the Control of Tobacco Products and Smoking Bill 2022.
The division stated that the government remains subject to the principle of parliamentary accountability under Article 43(3) of the Federal Constitution, which holds the Cabinet collectively responsible to Parliament.
The Dewan Rakyat approved a motion last Tuesday to refer the bill, which seeks to separate the roles of the Attorney General and the Public Prosecutor, to the Parliamentary Special Select Committee for further scrutiny and refinement.
BHEUU noted that the proposal for this separation was based on empirical research and had undergone inclusive discussions involving Members of Parliament from across the political divide.
The Attorney General’s Chambers and BHEUU also presented the institutional reform agenda to the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform in February and the Special Select Committee on Law Review earlier this month.
These steps reflect the MADANI Government’s responsible approach to ensuring the proposed reform is scrutinised thoroughly and based on the rule of law, according to the statement.
Through the committee mechanism, various stakeholders including MPs, legal experts, academics, and civil society are expected to be invited to provide views to strengthen the bill.
BHEUU reiterated the government’s commitment to implementing institutional reforms in stages based on principled constitutional foundations to strengthen the rule of law and public confidence.
MADANI Government spokesman Datuk Fahmi Fadzil said yesterday that the refinement process is expected to take about three months.
He added that Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said had informed the Cabinet that the bill would be discussed at the Parliamentary Special Select Committee meeting beginning March 16.
 The Sun Malaysia
