SHAH ALAM, Feb 23 — Two constitutional amendment bills that seek to limit the prime minister's term to 10 years and separate the roles of the Attorney-General and the public prosecutor were tabled in the Dewan Rakyat for the first reading today.
The Constitution (Amendment) Bill 2026 and the Constitution (Amendment) (No. 2) Bill 2026 were tabled by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
She said the second reading for both bills is set to take place in the current sitting.
According to the bill to limit the prime minister's term, a new Clause (2A) will be added to Article 43 of the Federal Constitution to formally state that a prime minister shall not at any time hold his office for more than ten years, either continuously or otherwise.
Several new clauses will also be introduced to stipulate that the prime minister shall vacate office upon the expiry of the ten-year term, with Cabinet members likewise ceasing to hold office upon the prime minister’s exit.
"The person who ceases to hold office as prime minister and the members of the Cabinet who cease to hold office shall continue to discharge the functions of their office until a new prime minister is appointed," the bill read.
It added that the 10-year limit for the prime minister includes any time served before the amendment takes effect, but excludes any period spent performing the prime minister’s duties after Parliament is dissolved.
Separation of power
Meanwhile, the bill to separate the roles of the AG and the public prosecutor proposes amending the Federal Constitution to provide for the formal appointment of a public prosecutor, reflecting the distinct functions of the two offices.
Among other things, it proposes amendments to Article 145 of the constitution to allow the Yang di-Pertuan Agong to require a judicial and legal service member appointed as the AG to retire at any age, and to set provisions on the AG’s remuneration and terms of office.
It also seeks to remove the AG’s prosecutorial powers and related authority over court venues.
The amendment will see the AG no longer be drawn from among the members of the judicial and legal service, and the function as head of service will be carried out by the Solicitor-General.
Two new articles are also proposed to be introduced. Article 145A seeks to provide for the appointment, qualification, terms of office, remuneration, and removal of the public prosecutor, while 145B seeks to provide for his powers and duties.
According to Article 145A, a person must have at least 10 years’ experience in litigation to qualify for the public prosecutor role, with the term of office set at seven years.
Article 145B, meanwhile, states that the public prosecutor shall have the power to institute, conduct, or discontinue any proceedings for an offence. Where the constitution requires the AG’s consent to prosecute, it must now also have the personal consent of the public prosecutor.
The public prosecutor shall advise the Agong, Cabinet, or ministers on criminal law matters and carry out functions assigned under the constitution or any other law.
The bill also seeks to amend Article 132 to provide that the offices of the AG and the public prosecutor are not part of the public service.
