His Majesty Sultan Ibrahim, King of Malaysia, delivering the Royal Address as Her Majesty Raja Zarith Sofiah, Queen of Malaysia, looks on at the opening ceremony of the Third Session of the 15th Parliament at the Dewan Rakyat on Feb 26. — Photo from Sultan Ibrahim’s official Facebook page
EMBODYING the role of a constitutional monarch, the Yang di-Pertuan Agong acts as a unifying figure, with his powers and duties as the Supreme Head of the Federation being defined clearly by the Federal Constitution and Parliamentary Acts.
To this day, the royal institution remains firmly rooted within the framework of the constitutional monarchy system, which was introduced in 1957 after the country achieved independence.
Constitutional expert Assoc Prof Datuk Dr Shamrahayu Ab Aziz explained that the constitutional monarchy system refers to a governance system where the country is ruled by a King, according to provisions in the Federal Constitution.
In this context, Malaysia practices parliamentary democracy under the administration of a constitutional monarchy.
Dr Shamrahayu said the constitutional monarchy system refers to a governance system where the country is ruled by a king according to the provisions in the Constitution.
“The principles of a constitutional monarchy is quite similar to that of some other countries.
“A constitutional monarchy means the country has a Constitution that places specific rights, powers and responsibilities or roles on the monarchy,” she said.
Assoc Prof Shamrahayu said the Constitution mentioned three levels of the institution of monarchy – at the state level, the institution of the Yang di-Pertuan Agong and the Conference of Rulers.
“The proclamation of these royal institutions is enshrined in the Constitution, which also outlines their powers and roles,” she said, Bernama reported.
In a write-up on Malaysia’s constitutional monarchy, law expert Emeritus Prof Datuk Dr Shad Saleem Faruqi said 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.
He 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 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 King performs a whole array of crucial political and legal functions like the appointment and dismissal of the prime minister, the Cabinet and deputy ministers,” said Prof Shad Saleem.
His Majesty also has the power to refuse a prime minister’s request to dissolve Parliament.
Prof Shad Saleem: ‘The Yang di-Pertuan Agong can also call a meeting with the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses.’
Moreover, His Majesty has the power to appoint and remove public servants, members of constitutional commissions and other special offices under the Constitution.
The King 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.
The King can seek the Federal Court’s advisory opinion and grant pardons, reprieves and respites to persons convicted by a court.
The Yang di-Pertuan Agong also has a significant role in appointing an attorney general and judges, on the advice of the prime minister.
In relation to Parliament, the King can summon, prorogue or dissolve, address one or both Houses and appoint 44 nominated senators, Prof 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,” Prof Shad Saleem explained.
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.
“The King 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”.
“The Yang di-Pertuan Agong can also call a meeting with the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses.
“The King is also the ceremonial Supreme Commander of the Armed Forces,” he added.
The King is also given the power to grant amnesty or delay sentencing on any crime tried in the military court and crimes committed within the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
In March this year, the Dewan Rakyat passed several amendments to the Police Act 1967, including a new section that stipulates the Yang di-Pertuan Agong will be the Honorary Commissioner-in-Chief of the police force.
