As the Yang di-Pertuan Agong, Sultan Abdullah is the ceremonial supreme commander of the armed forces. — Bernama
FROM appointing the Prime Minister to dissolving parliament, the Yang di-Pertuan Agong has an array of functions and roles as defined under the Federal Constitution.
In a write-up on Malaysia’s constitutional monarchy, law expert Emeritus Prof Datuk Dr Shad Saleem Faruqi said the King has a role in all three branches of the government (executive, legal and judiciary), as well as in relation to Islam.
“The vast array of powers vested in the Yang di–Pertuan Agong, if interpreted literally, create the impression that the monarchy is the real seat of power in the country. However, the legal reality is different,” he noted.
In terms of his executive role, the Yang di-Pertuan Agong is the formal head of the executive branch.
“In this capacity, the Agong performs a whole array of crucial political and legal functions like the appointment and dismissal of the Prime Minister and the Cabinet,” said Shad Saleem.
The King is the ceremonial supreme commander of the armed forces, he added.
Moreover, he has the power to appoint and remove public servants, members of constitutional Commissions and other special offices under the Constitution.
He also has the power to proclaim an emergency, protect the special position of the Malays and the natives of Sabah and Sarawak, and determine which public authorities should submit accounts to the auditor general.
In relation to the judiciary, though institutionally separate from the judiciary, the King appoints superior court judges and also removes, retires or suspends them.
He can seek the Federal Court’s advisory opinion and grant pardons, reprieves and respites to persons convicted by a court.
In relation to Parliament, the King can summon, prorogue or dissolve, address one or both Houses and appoint 44 nominated senators, Shad Saleem said.
The Yang di-Pertuan Agong also appoints the clerks to the two Houses. In addition, he can promulgate ordinances during an Emergency except under Article 66(4A), where his assent is needed before a parliamentary Bill becomes law.
“Before giving his assent, he can delay legislation by 30 days,” Shad Saleem explained.
The position of monarch is rotational under a complex system detailed in the Third Schedule, says Shad Saleem.
In relation to Islam, the King is the head of the religion in eight territories – the three federal territories, his home state plus Melaka, Penang, Sabah and Sarawak.
“He is the ceremonial, dignified head of state, but most of the executive power resides with the Prime Minister. This is because of the overriding constitutional provisions in Article 40(1) and 40(1A) that in the exercise of all his functions under the Constitution and laws, the Yang di–Pertuan Agong shall act on advice save in those areas where the Constitution confers discretion.
“Though he acts on advice, his capacity to delay, moderate and reconcile is undoubted. The Yang di-Pertuan Agong is the head of state but not the head of government. He reigns but does not rule,” explained Shad Saleem.
On the uniqueness of the federal royal institution, he described it as a rich blend of British conventions and Malay royal traditions.
“The unique rotational system is grounded in Negri Sembilan’s history of customary Chiefs (Undang) of the various districts (Luak) taking turns to occupy the post of Yang di-Pertuan Besar.
“The office of the federal Yang di-Pertuan Agong exhibits many other unique features,” he said.
The monarch is elected by and from amongst the Rulers of the nine Malay states. The position is rotational under a fascinatingly complex system detailed in the Third Schedule. The post is not permanent. The King is elected for a period of five years and cannot be re-elected to a consecutive term.
In addition to the Yang di-Pertuan Agong, there is a deputy Yang di-Pertuan Agong who acts on behalf of the King if the monarch is unable to exercise his functions due to illness or absence.
But if the monarch dies in office, the deputy does not become King automatically, nor does he fill out the remainder of the deceased sovereign’s term. He fills the breach until the Conference of Rulers elects a new King and deputy.
Unlike in the United Kingdom, where the monarchy knows of no break and a new monarch’s accession is always backdated to the date of the previous sovereign’s demise, in Malaysia a time lapse may exist between the end of one reign and the start of another.
Under the Federal Constitution, the King suffers from several legal disabilities. For example, as long as he is the federal monarch, he cannot exercise his functions as State Ruler except in regard to his role as head of Islam, amendments to his State Constitution and the appointment of a Regent or Council of Regency.Since 1993, the King has enjoyed no immunity in civil or criminal law. The King is removable from office in three direct or indirect ways:
> Dismissal by the Conference of Rulers – a unique provision of accountability of the King to his brother Rulers.
> If he ceases to be the ruler of his State in accordance with the Constitution of his State.
> If he is charged with a criminal offence in the Special Court, he is suspended temporarily from office. If acquitted, he resumes office.
> If convicted, he may be pardoned by the Conference of Rulers. If not pardoned, presumably he loses his office.
