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KUALA LUMPUR: The extension of the chief justice's tenure is the prerogative of the king, lawyer and Bukit Gelugor MP Karpal Singh said yesterday.

He said a phrase in Article 125(1) of the Federal Constitution stated that a judge shall hold office until he attained the age of 66 and a further six months "as the Yang di-Pertuan Agong may approve" should be read together with Article 40(2).

Karpal said it was the king alone who had the discretion on whether to extend Tun Ahmad Fairuz Sheikh Abdul Halim's tenure after he turns 66 on Nov 1.

"The king may consult the prime minister, but it is purely consultation and nothing else," he said.

Minister in the Prime Minister's Department Datuk Seri Nazri Aziz said on Tuesday that the king had to act on the prime minister's advice in the extension of the term.

Ahmad Fairuz had applied to the king in July for a six-month extension, but with less than two weeks to go before retirement, he has not received a letter to allow him to remain in office. The Bar Council yesterday urged the chief justice to withdraw his application to the king.

Council president Ambiga Sreenevasan said this was the first time the issue of extension under Article 125 had arisen, but felt it unnecessary to enter into a constitutional debate. The Conference of Rulers, which endorses the appointment and promotion of judicial officers, is due to meet for two days from Oct 31.

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