Independent judiciary: Foundation of Malaysia’s democracy

IN a democracy, the judiciary stands as the final guardian of justice, rights, and accountability. That’s why I wholeheartedly support Datuk Seri Rafizi Ramli’s recent initiative to launch a petition calling for the protection of judicial independence in Malaysia.

His call is not only timely but also imperative in today’s political climate where the separation of powers once clearly defined has been blurred, diluted, and compromised over the past few decades.

When Rafizi urges Malaysians to unite in safeguarding the judiciary, he is essentially calling upon us to defend one of the last remaining pillars of democracy in our country.

The judiciary is not just another arm of government. It is the only branch that is meant to remain neutral, impartial, and immune from political interference.

It serves as the check and balance against excesses from the executive and legislative branches. When the judiciary is compromised, so too is the rule of law, public trust, and ultimately, our democracy.

The judiciary: The last line of defence

For ordinary Malaysians, the judiciary is often the last and only resort to seek justice. Whether it is a case of unlawful dismissal, abuse of power, or corruption, the courts serve as the final arbiter.

That is why it must remain above politics, influence, and manipulation. It must be fiercely protected from any party, coalition, or entity that seeks to exert control over it.

Over the years, however, we have witnessed troubling signs subtle at times, blatant at others of political encroachment into judicial affairs.

From controversial court decisions that raise eyebrows, to high-profile cases seemingly influenced by political winds, Malaysians are justifiably concerned about whether justice is truly blind anymore.

This concern is not rooted in cynicism but in lived experience. The erosion of judicial independence is not theoretical; it has real consequences on people’s lives.

From housing disputes to corruption scandals, from wrongful detentions to abuse of power, we have seen how vital a fair and impartial judiciary is to holding the powerful accountable and defending the rights of the vulnerable.

Judiciary
(Image: AP)

Separation of powers under siege

The principle of separation of powers is not a Western luxury or an abstract doctrine. It is a foundational pillar of good governance.

When properly observed, each branch of government executive, legislative, and judiciary functions independently while holding the others in check. This balance ensures that no one branch becomes too powerful or unaccountable.

Unfortunately, in Malaysia, this balance has been eroded over the decades. Successive administrations, regardless of political affiliation, have often extended their reach into judicial matters, whether through appointments, pressure, or public commentary.

The lines that once clearly demarcated the judiciary from politics have become blurred.

What makes this dilution even more dangerous is its normalisation. When interference becomes the norm, public trust erodes. When the people no longer believe in the courts, they stop seeking justice through formal institutions. That’s when chaos, vigilantism, and social unrest can begin to take root.

A call to action

This is why Rafizi Ramli’s petition is more than just a symbolic gesture. It is a concrete step toward restoring faith in our institutions. By signing this petition, Malaysians can collectively voice their demand for a judiciary that is free from interference, transparent in its workings, and accountable only to the law and the Constitution.

His appeal reminds us that the judiciary does not belong to any one party, government, or ideology it belongs to the people. Therefore, it is our responsibility to protect it, just as it is the judiciary’s responsibility to protect our rights and liberties.

The independence of the judiciary is not an issue for lawyers, politicians, or legal scholars alone. It is an issue for every Malaysian who believes in fairness, accountability, and the rule of law.

Whether you are a student, a teacher, a business owner, or a civil servant, the integrity of the judiciary affects your life more than you may realise.

A just nation begins with a just judiciary

The stakes are high. If we continue down the path of compromised judicial independence, we risk turning our legal system into a mere extension of political power. When courts no longer function as neutral arbiters, justice becomes selective, and democracy begins to crumble.

But it doesn’t have to be this way. We can and must demand better. Supporting Rafizi Ramli’s petition is a meaningful first step in reclaiming the judiciary as a true bastion of justice. Let us come together, not as partisans or cynics, but as citizens united by a shared belief in fairness and accountability.

Let us not wait until the erosion becomes irreversible. Let us act now, for the sake of justice, for the future of Malaysia, and for the generations to come.

An independent judiciary is not a luxury; it is a necessity. Without it, there can be no justice. And without justice, there can be no nation worth building. ‒ July 14, 2025

 

R. Paneir Selvam is the principal consultant of Arunachala Research & Consultancy Sdn Bhd, a think tank specialising in strategic national and geopolitical matters.

The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.

 

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