LETTERS: Before exercising their judicial functions, the Federal Constitution requires judges of superior courts to take an oath of office and allegiance.
They must solemnly swear (or affirm) the following: to faithfully discharge his/her judicial duties in that office to the best of his/her ability, to bear true faith and allegiance to Malaysia and to preserve, protect and defend the Constitution.
Judges must promise that they will discharge their judicial duty to uphold justice and administer it according to their best capacity.
The oath symbolises a belonging to the office that they are about to hold. It reflects the spirit of judicial independence — the judiciary must be independent at the institutional as well as the individual level.
At the institutional level, the judiciary is separate, distinct and independent from other state organs, namely, the legislative and the executive.
At the individual level, each judge is independent in exercising his or her judicial power and must have freedom from any external and internal interference, influence and pressure, directly or indirectly.
A judge adjudicates a dispute strictly in accordance with the rule of law, irrespective of the outcome effect of the judgment on any party before the court.
The words "to bear true faith and allegiance to Malaysia" in the oath of office and allegiance strictly obliges and requires a judge to pledge utmost allegiance only to Malaysia as a sovereign state, not to any other institution or any other individual, regardless of position and rank.
The most imperative part of the oath of office and allegiance is the phrase "to preserve, protect and defend its Constitution". This expresses how a judge can demonstrate his utmost allegiance to Malaysia by preserving, protecting and defending the Constitution.
Since the primary role of the judiciary is the administration of justice in accordance with the rule of law, judges holding judicial office must carry out their duties in accordance with the Constitution.
Any unconstitutional act in carrying out their duties would amount to a violation of the oath of office and allegiance.
In short, the oath of office and allegiance requires members of the judiciary to ensure they always act in accordance with the Constitution in their official capacity.
Anything that goes against the Constitution can be considered a violation of the oath of office and the oath of allegiance.
PROFESSOR DATUK SERI DR ASHGAR ALI ALI MOHAMED
International Islamic University Malaysia
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times