by Casper Kaun
Introduction
Malaysia is unique among the countries of the world as it adopts the constitutional monarchy system through a parliamentary democracy. The Head of State in nine of its component States is a constitutional monarch, a Malay ruler, known as Sultan, Raja (Perlis), or Yang di-Pertuan Besar (Negeri Sembilan), while the other four states (Melaka, Penang, Sabah, Sarawak) are represented by a Yang di-Pertua Negeri, or Governor.
The nine royal houses of Malaysia are Kedah, Perlis, Selangor, Perak, Johor, Kelantan, Terengganu, Negeri Sembilan and Pahang. At least one of the nine royal houses can trace its lineage as far back as 800 years. Malay kingship can be traced to the pre-Islamic period when they had systematic system of governance.
The birth of the modern Malaysian Monarchy followed the inception of the Federation of Malaya in 1948. This united the nine Malay states and the former straits settlements of Penang and Melaka and was the stepping-stone to independence in 1957. It was at independence that the first Yang di-Pertuan Agong (YDPA), or paramount ruler, was elected as the Head of State, from and by the Malay rulers for a five-year term.
The first YDPA was Tuanku Abdul Rahman ibni Almarhum Tuanku Muhammad of Negeri Sembilan, and the current YDPA (16th YDPA to date) is Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah ibni Almarhum Sultan Haji Ahmad Shah Al-Musta’in Billah of Pahang.
This appointment is systematic and each of the nine Sultans has the opportunity to ascend the throne of YDPA based on his turn in the cycle. This arrangement has been important in playing a substantive role in forging national unity.
The Role of the King
The Yang di-Pertuan Agong is a symbol of unity. His role is that of a constitutional monarch. The extent of his powers as the Federal Head of State is defined in the Federal Constitution and Parliamentary Acts.
- Appointments
- The YDPA has the executive power to appoint the Prime Minister. With the Prime Ministers help and advice, the YDPA appoints the other members of the cabinet. He also has the power to dissolve the cabinet and elect the members of the election commission.
- The YDPA also appoints the Yang di-Pertua Negeri (Governors), of the states of Penang, Malacca, Sabah and Sarawak, at his discretion, after considering the advice of the state’s Chief Minister. The YDPA also appoints the Mayor and City Council of Kuala Lumpur, which is a Federal Territory.
- Head of Islam
- Under the Federal and State constitutions, the YDPA and the Rulers of the Malay States are the heads of Islam, the religion of the Federation.
- Safeguarding Malay and Indigenous Rights
- The Rulers also have the constitutional responsibility of safeguarding the special position of the Malays and the legitimate interests of other communities. The indigenous people of Sabah and Sarawak are afforded the same special position as the Malays under the guardianship of the YDPA.
- Commander-in-Chief of the Armed Forces
- The YDPA is the Supreme Commander of the Federation’s Armed Forces.As Supreme Commander, the YDPA appoints the Chief of the Armed Forces Staff alongside the service heads of each of the three branches of the military forces.
- Judiciary
- The YDPA also has the power to grant pardons and appoints the Chief Justice of the Federal Court.
Appointment of the King
The Yang di-Pertuan Agong is formally elected to a five-year term by and from among the nine rulers of the Malay states (nine of the thirteen states of Malaysia that have royal rulers), who form the Conference of Rulers known as Majlis Raja-raja. After a ruler had served as the Yang di-Pertuan Agong, he may not stand for election until all rulers of the other states have also stood for election.
In the event of a vacancy of the office (by death, resignation, or deposition by a majority vote of the rulers), the Conference of Rulers elects a new Yang di-Pertuan Agong as if the previous term had expired. The new Yang di-Pertuan Agong is elected for a full five-year term. The position rotates among the nine Rulers. The selection of the Yang di-Pertuan Agong initially followed an order based on the seniority (calculated
Coronation of the King
During his coronation, he will be presented with a Quran, to symbolize that he is the head of Islam of the country. The Prime Minister will read a proclamation of installation whereupon the newly appointed YDPA will be given a long royal Kris as a symbol of his commitment to the protection of the Malays and to serving the interests of the nation as a whole. Then the YDPA is presented with an oath that he will read and sign in the presence of all the rulers and the Prime Minister. The Prime Minister will then read a message of felicitation and pledge of loyalty to the new YDPA on behalf of government and the people.
Queen Consort
The Queen Consort is known as the Raja Permaisuri Agong. She represents Malaysian women at the highest level. According to the Federal Constitution, the Raja Permaisuri Agong shall take precedence next after the YDPA over all other persons in the Federation. Just like the YDPA, the Raja Permaisuri Agong is not allowed to hold any appointment carrying any remuneration or actively engage in any commercial enterprise.
Deputy YDPA
The Deputy YDPA, also known as Timbalan Yang di-Pertuan Agong, is to assume the role of the YDPA during a vacancy in that office or under any other circumstances enumerated in the Federal Constitution. There have been a few circumstances in which the Deputy YDPA had to assume the YDPA’s office throughout the years. The Deputy YDPA holds office for five years and may resign from office by writing under his own hand addressed to the Conference of Rulers.
Conference of Rulers
The Conference of Rulers, also known as ‘Majlis Raja-Raja,’ began with the first Durbar that was first held to convene British Officers and the Rulers of the Federated Malay States (FMS). The states are Perak, Selangor, Negeri Sembilan and Pahang. The Durbar initially served as a type of consultative and advisory council; it also served to improve relations between the Malay Rulers and the British Officials. The Durbar was later replaced by the Conference of Rulers where the first meeting took place on 15th February 1948.
Today, the Conference of Rulers includes the nine Rulers of the Malay States and four Yang di-Pertua Negeri. However, the four Yang di-Pertua Negeri are not involved for matters relating to the election of the Yang di-Pertuan Agong, his removal and so on. The chairmanship of the Conference of Rulers rotates among the rulers. These Rulers are each accompanied by their respective Chief Minister (Menteri Besar). On the second day of each meeting, the YDPA is accompanied by the Prime Minister.
According to the Federal Constitution, the Conference of Rulers plays an important role in the constitutional process. The main functions and power of the Conference of Rulers are: electing the YDPA and Deputy YDPA; agree and disagree to any religious Acts religious observances or ceremonies to the Federation as a whole; consenting or withholding consent to any law and giving advice on any appointments that requires the Conference of Ruler’s consent; appointing members of the Special Court (court of justice for offenses committed by the YDPA or any Malay Rulers); and granting pardons, reprieves, and respites, or remitting, suspending, or commuting sentences.
Any amendments to the constitution that affects the Ruler’s privileges, position, honour or dignities will not become law without consent of the Conference of Rulers. The Conference of Rulers provides and effective forum for consultation, participation, and in some cases sanction of the Federal-State relationship, thus reinforcing the concept of Federation.
Conclusion
The Yang di-Pertuan Agong of Malaysia plays a unique role, as he is the embodiment of the nation’s history and tradition. His Majesty not only plays an important role in national unity, but also shapes the relationship between state, people and law.
References
The Rulers of Malaysia, Editorial Advisory Board chaired by Tun Ahmad Sarji bin Abdul Hamid
Display at Gallery D, Muzium Negara.
FUAT GÖKÇE, A. 2013. FEDERAL PARLIAMENTARY DEMOCRACY WITH A CONSTITUTIONAL MONARCHY: MALAYSIA. The Journal of Academic Social Science Studies, Volume 6 Issue 5.
DZULKIFL, F. Z. & MOHD ZAMERI, N. D. 2010. The Functions of Constitutional Monarchy in Malaysian Political System: Th e Perceptions of Malay Community. Proceedings Seminar on Nasional Resilience (SNAR 2010) “Political Managements and Policies in Malaysia”, 353-369.
Ampun Tuanku: A Brief Guide to Constitutional Government, Zaid Ibrahim, 2012
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