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 The Yang Di-Pertuan Agong

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 Ônique System Of Monarchy
Ñ Malay kingship existed as early as the first century and the power
of the Malay Sultans were nearly absolute.
Ñ But during the colonial period these powers were decline. It began
with the absorption of Malay Kingdom into the Federated Malay
States (FMS) of 1895 and the Federation Of Malaya 1948.
Ñ The Merdeka Constitution of 1957 restored the honors and
dignities of Malay Rulers but at the same time adopted the
established British convention.
Ñ To enable nine Malay Rulers to take turn, a unique system of an
elected monarchy was adopted. By 1992, the firs rotation was
completed.
ÑArticle 32- Supreme of the Federation, and his consort.
ÑArticle 40(1A), Yang di-Pertuan Agong to act on advice.
He must act in accordance with the advice of the
Cabinet or of a Minister acting under the general
authority of the Cabinet.
ÑEg: The person insisted by the Prime Minister will still be
chosen even though Yang di-Pertuan Agong insisted to
appoint someone else to become the Chief Justice.
 Power and Functions of YDPA
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* Appointment of Prime Minister and Deputy Minister ʹ Art
43(1),(2) and 43A
* Dismissal of minister other than Prime Minister ʹ Art 43(5)
* Receiving information concerning government ʹ Art. 40(1)
* Supreme Commander of Armed Force
* Armed Force Council act under his general authority
 Continue͙
* Proclaim an emergency -Art 150(1)
- He has the power to dissolve Houses of Parliament in terms
of war BÔT it is impossible when the both Houses of
Parliament are sitting concurrently
* Protect the special position of the Malays and the Natives of
Sabah and Sarawak and to safeguard the legitimate interest
of other communities ʹ Art 153 (1)
* Yang di-
di-Pertuan Agong is a nominal executive.
 ½EGIS½ATIVE FÔNCTIONS

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 Judiciary
Ñ The YDPA appoint:
- The Chief Justice of the Federal Court
- The President of the Court of Appeal
- The Chief Judge of Malaya
- The Chief Judge of Sabah and Sarawak
- The judges of the Federal Court
- The judges of the Court of Appeal
- The judges of the High Courts
on the advice of the Prime Minister after consultation with the
Conference of Rulers.

Ñ YDPA also may extend the tenure of office of a judge

who has reached the age of 65 years old.
 Relation to Islam.

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Protect Malays and Bumiputera right.

These right is enumerated in article 153 Reservation of

quotas in respect of services, permits, ect., for Malays and
natives of any States of Sabah and Sarawak.
 E½ECTION:
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‡When the Conference of Rulers meet to elect the YDPA,only
Rulers and the Keeper of the Rulers Seal are present.
‡A ruler may appoint another Ruler as his proxy.
‡The rules provide that, A Ruler is qualified to be elected as
Yang di-Pertuan Agong unless-
a) He is minor,
b) He has notified the Keeper of the Rulers¶ Seal that he does
not desire to be elected,or
c) The Conference of Rulers by secret ballot resolves that he
is unsuitable,by reason infirmity of mind or body or for any
other cause to exercise the function of YDPA.This function
requires the vote at least 5 members.
‡Before an election,the Keeper writes to every Ruler if they are
willing to stand.
‡Ruler who do not desire to be elected so inform him,and their
states go to the end of the list.
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 IMMÔNITY:

‡ Begin in the early 1990s, government began to show signs that it

was not going to tolerate with the loophole in views of the abuses
of this privileges by certain members of the royal houses.
‡ The need to review this privileges became urgent with the public
exposure of an incident whereby a hockey coach had been
physically abused by one of the sultan.
 The constitutional crisis 1983
‡ In 1983, the government fearing that the next YDPA( the sultan of Johor)
might interfere in federal politics.
‡ The govt. introduce a cons. Amendment designed to remove the royal assent
to legislation passed by parliament an vest the power to proclaim an
emergency, exercise hitherto, on govt. advice, by the YDPA, in the sole hand of
the Prime Minister.
‡ The YDPA and the other rulers refused to assent the amendment and the 5
months cons. Crisis which followed resulted in an embarrassing climb-down by
the government.

A compromise was reached under which the YDPA was given the right to refer
the bills back to parliament with his reason(though his veto could be
overridden by a further parliamentary majority), and the government
withdrew the provision concerning emergency proclamation.
‡ The rulers undertook not to read whole the assent to bills at the state level, a
matter which the original bill had sought to regulate.
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