Chief Justice Ahmad Fairuz Sheikh Abdul Halim today said the opinion of the King and the Conference of Rulers are not binding on the prime minister.

He said this when asked about a news report on the Conference of Rulers purportedly rejecting Prime Minister Abdullah Ahmad Badawi's candidate for the Chief Justice of Malaya (CJM) post.

"Under the (Federal) Constitution, the prime minister consults me (on such appointments) while the King consults the Conference of Rulers.

"Ultimately, the decider is still the prime minister because the King acts on the advice of the prime minister," he told reporters at the sidelines of the oath swearing ceremony for new judicial commissioners in Putrajaya.

However, Ahmad Fairuz was unable to confirm if the Conference of Rulers had indeed rejected Abdullah's candidate for the CJM post, the third highest rank in the judiciary, because he was merely consulted in the process.

"The submissions (of names to the King) was made by the prime minister, not me," he said, adding that several names were submitted for the post which has been vacant since January.

Possible impasse

He reiterated statements made last week that the matter was under the Official Secrets Act and that he was not privy to Abdullah's dealings with the King.

Under the Federal Constitution, the Conference of Rulers are to be consulted on appointment key posts.

The Singapore Straits Times reported last week that the rejection by the Conference of Rulers on candidates mooted by Abdulah signalled a possible impasse between the rulers and the government.

A source quoted in the report said there were concerns as to why Abdullah's candidates were chosen over more senior judges.