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MyConstitution: The executives and their roles

Thursday, 07 October 2010 09:41am

©Malay Mail (Used by permission)

IN the last Rakyat Guides, we were introduced to the Parliament, how laws are made by Parliament and how it controls the way the country’s money is spent.

This week, the first part of the Rakyat Guides 5 will explain who is the Executive and the roles they play.

What is the Executive?

IN the federal government, the Executive consists of:

● Conference of Rulers
● Yang di-Pertuan Agong (“YDPA”)
● Prime Minister
● Cabinet
● Public Services

What does the Executive do?

The Executive governs the country according to the laws made by Parliament. Each part of the Executive has its own role to play. We will discuss the different roles below.

What is the role of the Conference of Rulers?

The Conference of Rulers is made up of the nine Rulers and the four Yang di-Pertua Negeri (Governors) of the States which do not have Rulers. It has the following functions:

● It elects and may remove the YDPA. It also elects the Timbalan YDPA (Deputy YDPA). Only the Rulers participate in this function;

● It has control over Islamic ceremonies in Malaysia;

● Its consent is needed in order to pass certain laws. For example, laws affecting the privileges, position, honours or dignities of the Rulers must have the consent of the Conference of Rulers;

● It must be consulted before some federal appointments are filled, such as the appointment of the Chief Justice of the Federal Court, President of the Court of Appeal, the Chief Judges of the High Courts, other judges of the superior courts, the Auditor-General and members of the Election Commission;

● It appoints two out of five members of the Special Court which is the court set up to deal with proceedings by or against the YDPA or the Ruler of a State in his personal capacity;

● It may deliberate on questions of national policy and any other matter that it thinks fit.

Consent to Certain Laws

Consent of the Conference of Rulers is needed to pass laws on certain matters in the Constitution including:

● Article 153 dealing with the special position of Malays and the natives of Sabah and Sarawak and the legitimate interest of other communities;

● Article 152 which makes Malay the national language;

● Part III on citizenship;

● Article 10(4) which prohibits questioning of certain sensitive issues such as privileges granted under Article 153;

● Article 2(b) which deals with the alteration of the boundaries of a State.

What is the role of the YDPA?

The YDPA is a constitutional monarch. Under the Constitution, he is the Supreme Head of the Federation.

The YDPA is Head of Islam in his home state, and in Malacca, Penang, Sabah, Sarawak and the Federal Territories of Kuala Lumpur, Labuan and Putrajaya. He is also the Supreme Commander of the Armed Forces.

Under Article 153 of the Constitution, the YDPA must safeguard the special position of the Malays and the natives of Sabah and Sarawak and the legitimate interests of other communities.

The YDPA is elected by the Conference of Rulers from among the nine Rulers of the States for a term of five years, and this selection is by rotation. The Yang-di Pertua Negeri of the other four States cannot become the YDPA and cannot participate in the election of the YDPA.

The YDPA may resign his office by writing to the Conference of Rulers. The YDPA may also be removed from office by the Conference of Rulers.

The YDPA’s powers come from the Constitution. The Constitution provides that in exercising his functions, the YDPA must generally follow the advice of the Prime Minister or Cabinet. For example:

● In appointing judges, the YDPA must act on the advice of the Prime Minister;

● For the appointment and dismissal of all Cabinet Ministers (save for the Prime Minister), the YDPA must act on the advice of the Prime Minister;

● In making a proclamation of emergency, the YDPA must act on the advice of the Cabinet;

● In summoning or adjourning the Dewan Rakyat, the YDPA must act on the advice of the Prime Minister.

However, for a few functions and powers, the YDPA does not have to act on the advice of the Prime Minister or Cabinet but can act on his own discretion. These functions are:

● the appointment of the Prime Minister. However, the YDPA must appoint a member of the Dewan Rakyat who in his judgment is likely to command the confidence of the majority of the members of the Dewan Rakyat;

● the withholding of consent to a request to dissolve Parliament;

● calling a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action decided at the meeting.

What is the Cabinet’s role?

The Cabinet consists of all Ministers and is the highest policymaking body in the Federation. These Ministers run and control the functions of the various ministries that govern the country.

Members of the Cabinet must also be members of Parliament (either the Dewan Rakyat or the Dewan Negara). Ministers are appointed by the YDPA upon the advice of the Prime Minister, which means that they are selected by the Prime Minister.

What’s next?

Next week, learn about the Prime Minister, Cabinet and Public Services' role in the Constitution, and some frequently asked questions.

You can also learn and follow the MyConstitution Campaign on:

www.perlembagaanku.com
www.malaysianbar.org.my/constitutional_law_committee
www.facebook.com/MyConstitution
www.twitter.com/MyConsti
www.youtube.com/user/PerlembagaanKu

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