Module 3 Constitution Monarchy

Level 3
Constitution Monarchy
07.03


1. The system of constitution monarchy practiced in Malaysia.

Malaysia is a constitutional monarchy with the Supreme Head of State of Malaysia, His Majesty, the Yang di-Pertuan Agong. As the constitutional monarch, he holds office for five years after his election by the conference of Rulers. His advisors are the Prime Minister, who exercises executive power, and the Cabinet.


The Malaysian constitutional monarchy, the supreme power in the country is not the monarch, but the constitution which binds him and all of us.The monarch do not have a political role to play; the Federal Constitution wisely limits the role of the monarch politically to deciding when elections are to be held, and to picking the Prime Minister. In all aspects the constitution forces the Yang Dipertuan Agong to defer to the Prime Minister's judgement.
The monarchs are not elected, and as such have no mandate to intervene politically, except as the Constitution permits. The rulers are the embodiment of the country; they are the one and the same. By proclaiming our loyalty to our country, we proclaim our loyalty to the monarch who symbolizes it.The rulers, who needless to say are themselves bound by the Constitution. Constitutional rulers are not allowed to enter the political fray. They must be above politics, for they embody the nation, and not one political party or one social movement. We are not a simple absolutist monarchy; we are a constitutional monarchy. Our ultimate respect is due not to the rulers, but the document which governs all of us, including the monarch that is the constitution.





2. Process of electing the Yang Dipertuan Agong

Election proceedings


The election is carried out by a secret ballot. The ballot papers used are not numbered, but marked with the same pen and ink, and are inserted into a ballot box. Only the Rulers, the Keeper of the Rulers’ Seal and the Assistant Secretary of the Conference of Rulers are involved in the election proceedings.

A Ruler may appoint another Ruler as his proxy to vote on his behalf in the event that he is unable to be present at the Election Meeting.
During the process of the election, the Keeper of the Rulers’ Seal will distribute the ballot papers with only one candidate (the most senior Ruler), and each Ruler will be requested to indicate whether the most senior Ruler is suitable or not to be elected as the Yang di-Pertuan Agong.
The most junior Ruler who is not listed as nominee for the office of the Yang di-Pertuan Agong or the Yang di-Pertuan Agong is appointed to count the ballot papers together with the Keeper of the Rulers’ Seal.

The nominee must have obtained the majority of 5 votes before the Ruler presiding over the Election Meeting offers the office of the Yang di-Pertuan Agong to him. If the successful nominee declines the offer or the Ruler fails to secure the required majority votes, the voting process will be repeated with the nomination of the second most senior Ruler in the Seniority List of Rulers.
The process will only be completed after the Ruler has accepted the offer of the office of the Yang di-Pertuan Agong. The Conference will then declare the Ruler as the Yang di-Pertuan Agong who will hold office for a term of 5 years. The ballot papers will be destroyed in the presence of the Rulers as soon as the result of the election result is announced.
On taking office as Yang di-Pertuan Agong, the ruler appoints a regent for the state of which he is the ruler, usually, but not always, a close relative, for the duration of his 5-year term


3. The role of the Seri Paduka Baginda Yang Di pertuan Agong in the Malaysian system.


The Yang di-Pertuan Agong's role is that of a constitutional monarch under the Constitution of Malaysia. As the Federal Head of State the extent and limitation of his powers are outlined by the Federal Constitution and Parliamentary Acts made in accordance with it. The executive power of the federal government is vested in him. The monarch's powers are basically divided into two broad categories:
a) The powers that he exercises on the advice of the Prime Minister, a Minister, the Cabinet, the Conference of Rulers or some other officer or institution; and
b) the powers that he exercises at his discretion (without the consent of any other authority).
The discretionary powers of the Yang di-Pertuan Agong mainly pertain to the Prime Minister's appointment, the dissolution of Parliament, and meetings of the Conference of Rulers "concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses". Under the system, the Yang di-Pertuan Agong is expected to appoint a Prime Minister who will command the confidence of a majority of the elected lower house of Parliament, the Dewan Rakyat; should the Prime Minister be unacceptable, he may be forced out by a vote of no confidence, which would force the King to appoint someone else. Conventionally, the Prime Minister is the head of the party with a majority in Parliament, which has been the Barisan Nasional (National Front, formerly known as the Alliance) since independence in 1957.

A Prime Minister's appointment is renewed after every general election until he decides to step down. A general election is called whenever the Prime Minister chooses to dissolve Parliament. The Yang di-Pertuan Agong may choose to refuse a request to dissolve Parliament, as this is one of his discretionary powers.