©The Sun (Used
by permission)
Our Document of Destiny by Shad Saleem Faruqi
The Majlis Raja–Raja has the great and dramatic power to dismiss the Yang
di–Pertuan Agong. Though never exercised, this remarkable power under Article
38(6) probably exerts a significant pressure on the King to respect the wishes
of his brother rulers.
THE mystique of the monarchy is best reflected in the unique institution of the Conference of Rulers. This august assembly dates back to July 1897 when it met for the first time in Kuala Kangsar, the citadel of the Sultan of Perak.
Under the Federal Constitution, the Conference of Rulers has been invested with a number of critical constitutional functions, including veto power over some constitutional amendments, right to be consulted on some key government appointments and right to deliberate on national policies, including matters relating to Islam and Malay privileges.
The conference has the great constitutional role of electing the Yang di–Pertuan Agong and the Timbalan Yang di–Pertuan Agong. It has the dramatic power to dismiss the King.
If the King or a ruler is to be tried in a court under Article 182, the conference has the authority to appoint two out of the five judges on the Special Court. If the King or a Sultan or the consort of the King or a Sultan is found guilty in a court, the conference has the power to grant a pardon, reprieve, respite, remission, suspension or commutation of the sentence.
Election of the King
Under Article 38(2) the Majlis Raja–Raja has the important constitutional function of electing the Yang di–Pertuan Agong and the Timbalan Yang di–Pertuan Agong.
The significance of this power is that the Yang di–Pertuan Agong is in some respects the delegate of the Majlis Raja–Raja at the federal level and accountable to the majlis.
Dismissal of the King
The Majlis Raja–Raja has the great and dramatic power to dismiss the Yang di–Pertuan Agong. Though never exercised, this remarkable power under Article 38(6) probably exerts a significant pressure on the King to respect the wishes of his brother rulers.
Legislative veto
The Majlis Raja–Raja has the power to veto federal legislation on several critical and sensitive issues. For example, any law affecting the privileges, position, honours or dignities of the rulers: Article 38(1); any law altering the boundaries of a state: Article 2(b).
In relation to amendments to the Federal Constitution, Article 159 requires that any legislation making an amendment to the following provisions of the Constitution shall not become law without the consent of the Majlis Raja–Raja:
» Any amendment that directly affects the privileges, position, honours or dignities of the rulers: Article 38(4);
» An amendment to Article 70 of the Constitution that deals with the precedence of rulers;
» An amendment to Article 71(1) that guarantees rights and
privileges of the ruler to succeed to the state throne;
» An amendment to sedition laws that prohibit the questioning of “sensitive issues”: Article 10;
» An amendment to Articles 63(4) and 72(4) of the Constitution that curtail freedom of speech on the floor of Parliament and State Legislative Assemblies so as to prevent seditious speeches;
» An amendment to Article 152 dealing with Bahasa Melayu as the national language;
» An amendment to Article 153 on special privileges of Malays and the natives of Sabah and Sarawak; and
» Any amendment to provisions of Part III regarding citizenship.
Appointments
The Majlis Raja–Raja has the right to be consulted before several critical federal posts are filled. Among these are: judges of the superior courts, the Auditor–General, and chairpersons and members of the Public Services Commission and the Election Commission.
Religion
The Sultans are the head of Islam in their states. But in order to promote unity, the conference can agree or disagree to the extension of any religious acts to the Federation as a whole.
Privileges
Article 38(5) requires that the conference be consulted before any changes in policy relating to privileges of the Malays and the natives of Sabah and Sarawak are made.
Pardon
Under Article 42(5) the conference may exercise the power of pardon in relation to the Yang di–Pertuan Agong, the Sultans and their consorts after considering any written opinion of the Attorney–General.
Special Court
If the Yang di–Pertuan Agong or a Sultan is subject to judicial proceedings in a civil or criminal court, Article 182 requires that the action be commenced in a Special Court of five judges, two of whom shall be nominated by the Majlis Raja–Raja.
National Policy
Under Article 38(2), the conference has been given the power to deliberate on questions of national policy and any other matter it thinks fit.
This role contains tremendous potential. In relation to it, the Constitution invests the conference with a unique unifying and advisory role. The conference is authorised to “deliberate on questions of national policy (for example, changes in immigration policy) and any other matter that it thinks fit”.
This function is non–discretionary because the rulers are accompanied by the prime minister and the chief ministers and are bound by any advice tendered. Further, the views of the conference are not binding on the federal government.
Nevertheless, the very fact that the Constitution explicitly authorises the Conference of Rulers to deliberate on questions of national policy and on “any other matter it thinks fit” points to the possibility that the conference can ask the government to supply information and justify policies.
Scrutiny by the conference can supply some check and balance and promote some openness and transparency. There is some potential for influencing the nation’s goals and policies. One must remember that even in the UK the constitutional monarch is not prevented from “advising, cautioning and warning”.
Because of the prestige of their offices, and the long years on the throne, the Sultans can bring to bear to the deliberations of the conference, a large fund of expertise in public affairs. There is a large potential for statesmanship and for providing a check and balance in government. In addition, the unifying, dignifying and stabilising influence of the conference has not yet been fully utilised.
Dr Shad Faruqi is Professor of Law at UiTM.