Terms of Reference

Committee for Institutional Reforms

Terms of Reference

Whereas –

  1. Key institutions in the country have suffered a crisis of public confidence and an erosion of their independence such that the pillars of good governance, including the separation of powers and the Rule of Law, have been eroded.
  2. There are in force various legislation that remove or seriously impinge upon the fundamental liberties provided for in the Federal Constitution and which do not accord with the Rule of Law.
  3. There is a need to strengthen the Rule of Law by strengthening these key institutions and the checks and balances that underpin a democratic system of government.
  4. The Council of Eminent Persons established on 12 May 2018, recognising that economic reforms must be accompanied by institutional reforms, established the Committee for Institutional Reforms on 15 May 2018 [the CIR].

The following are the Terms of Reference of the CIR: –

  1. To enquire into and examine the present state of key institutions so as to identify the shortcomings and problem areas and to examine the adequacy of the checks and balances to ensure their independence.
  2. To consult all the relevant stakeholders and in this regard to establish sub-committees if necessary to assist the CIR and to undertake all such enquiries, examination or research as is required.
  3. To make recommendations to the government through the Council of Eminent Persons for the reform of the various institutions so as to ensure their independence and to ensure that adequate checks and balances are in place.
  4. To study all legislation as described in Recital 3 which do not accord with the Rule of Law.
  5. To make recommendations to the Council of Eminent Persons as to the repeal or amendment of the legislation examined to bring them in line with the Rule of Law.
  6. To make recommendations, if any, as to the requirements of further study or examination as may be required to be undertaken in the future in respect of any other institutions or laws.
  7. To present all such findings and recommendations on or before 16 July 2018.

Committee Members

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Dato’ KC Vohrah

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Dato’ Mah Weng Kwai

 

Datuk Mohamed Arshad Raji

Prof Datuk Dr Shad Saleem Faruqi

Dato’ Ambiga Sreenevasan