Yang Di-Pertuan Agong and Conference of Rulers

Yaakob, Adnan and Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2022) Yang Di-Pertuan Agong and Conference of Rulers. In: Constitutional Law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, Malaysia., pp. 419-450. ISBN 978-967-270-163-7

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Abstract

Malaysia adopts constitutional monarchy system through parliamentary democracy. The Federal Constitution, Articles 32(1) and 33(1), create a ‘supreme head of the federation’ known as the Yang di-Pertuan Agong (YDPA) and a ‘deputy supreme head of the federation’ known as the Deputy YDPA, respectively. While, Article 38(1) creates a ‘Conference of Rulers’ (Majlis Raja-Raja) which may deliberate on matters enumerated therein as well as any questions of national policy and any other matter that it thinks fit. Further, Article 39 of the Constitution provides that the executive authority of the Federation shall be vested in the YDPA exercisable by his majesty or by the Cabinet or any Minister authorized by the Cabinet. In the exercise of his functions under the Constitution or federal law, Article 40(1) states that the YDPA shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution. While Article 43(1) provides that the YDPA shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions. Hence, this chapter discusses the role and functions of both the YDPA and the Conference of Rules. At this juncture, it is worthwhile to note that the YDPA has a role in all three branches of the government namely, the executive, legislative and judiciary, as well as in relation to Islam. His Majesty is the supreme head of the Federation, supreme commander of the armed forces of the Federation, and the head of the Islamic religion in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan and in states without a Ruler, namely, Melaka, Penang, Sabah and Sarawak. Further, being one of the three components of the legislature at the federal level, the YDPA is empowered to summon, prorogue and dissolve the Parliament. In the judiciary, the YDPA appoints superior court judges and also the power to remove or suspend them. The YDPA is also responsible to protect and preserve the rights and privileges of the Malays and the natives of Sabah and Sarawak, and as well as the responsibility to protect the legitimate interests of other races. He may declare a state of emergency if the national security, economic life or public order of the country is threatened. Further, he also has the power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan. He also has the power to command the Conference of Rulers to hold meetings to discuss the privileges, position, honour and dignity of the Malay Rulers. Further, the public officers mention under Article 132 of the Federal Constitution hold offices at the pleasure of the YDPA. In Public Prosecutor v. Kok Wah Kuan [2008] 1 MLJ 1, Abdul Hamid Mohamad PCA, stated: “Malaysia, like the United States has a written Constitution that spells out the functions of the three branches. At the same time it follows the Westminster model and has its own peculiarities. The Yang di-Pertuan Agong is the Supreme Head of the Federation (art 32(1)). The executive authority of the Federation is vested in the Yang di-Pertuan Agong (art 39). He is the Supreme Commander of the armed forces of the Federation (art 41). Parliament consists of the Yang di-Pertuan Agong, the Dewan Negara and Dewan Rakyat (art 44). While members of the Dewan Rakyat are directly elected, members of the Dewan Negara may be elected by the Legislative Assembly of the States or appointed by the Yang di-Pertuan Agong (art 45(1) and Seventh Schedule). Judges, including the Chief Justice are appointed by the Yang di-Pertuan Agong. Even the principal registry of the High Court of Sabah and Sarawak is determined by the Yang di-Pertuan Agong (art121(1)(b)). On top of all that, the Yang di-Pertuan Agong, unlike the British Monarch, is elected by the Conference of Rulers for a fixed period of five years. And so on”. However, as noted earlier, the YDPA must act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet. The exception however is in matters enumerated in Article 40(2), which explicitly confers on the YDPA the discretionary powers to appoint the Prime Minister, to withhold consent to dissolve Parliament, to convene a meeting of the Conference of Rulers. Aside from the above, in relation to the offence against the YDPA, the Rulers, and the Yang di-Pertua Negeri in their capacity as the person of the King or Ruler or Head of States, this is clearly embodied in section 121A of the Penal Code.

Item Type:	Book Chapter
Uncontrolled Keywords:	Federal Constitution, Yang Di-Pertuan Agong, Conference of Rulers.
Subjects:	K Law > K3165 Constitutional Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	13 Mar 2023 14:35
Last Modified:	13 Mar 2023 14:35
URI:	http://irep.iium.edu.my/id/eprint/103971

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