BACKGROUND (MC221 & MC225)

A) AN HONOR FOR THE MALAYSIAN MONARCH

Royal Highness Almu'tasimu Billahi Muhibbuddin Tuanku Alhaj Abdul Halim Mu'adzam

Shah Ibni Almarhum Sultan Badlishah is ready to carry out the responsibilities and

duties as the head of Malaysia after Tuanku Mizan Zainal Abidin had finish his duty as

the Yang di Pertuan Agong for the term of 5 years.

Sultan Abdul Halim known as the Sultan who will hold the position as the Yang di

Pertuan Agong – 14th for the second time in history.

He was born on the 28th of November 1927 at Istana Anak Bukit near Alor Star, he was

the second however eldest surviving son of Sultan Badlishah that reigned from 1943 to

1958. His mother was Tunku Sofiah binti Tunku Mahmud. Tragedy occurred when his

beloved mother died in a car accident on 28 February 1935. His maternal grandfather,

Tunku Mahmud, was once Raja Muda or heir presumptive to the throne of Kedah that

automatically made him as the lawful descendant of Kedah’s throne.

Tuanku Abdul Halim received his education first at He was educated at Alor Merah and

Titi Gajah Malay schools and Sultan Abdul Hamid College in Alor Star between 1946

and 1948. Later he furthers his studies at Wadham College, Oxford, London and

obtained Diploma in Social Science and Public Administration. After he came back to

Kedah, Tuanku Abdul Halim served in Kedah administrative service, later in Alor Setar

district officer and state treasury as way to prove his commitment toward the people in

the state of Kedah.

Stand up to carry the responsibility on 6 August 1949, the royal prince was appointed

as Raja Muda or heir apparent and succeeded as twenty-eighth Sultan of Kedah on his

father's death on 15 July 1958. He previously serves his first term as the fifth Yang di

Pertuan Agong occurred from year 1970 to 1975 after the installation ceremony at Balai

Besar in Alor Star on 20 February 1959. He was mentioned in the history as the third

youngest monarch to ascend the throne of Yang di Pertuan Agong after Tuanku Syed

Putra of Perlis and Tuanku Mizan Zainal Abidin of Terengganu, besides that he is also

the first person to hold the position twice, as well as the oldest elected to the office. One

of the most remembered moment during his term as The Yang di Pertuan Agong is he

is in a carriage with Elizabeth II on a state visit to London, 1974. During his kingship,

Tuanku Abdul Halim presided over the first transfer of power of the civilian government

when his uncle, Prime Minister Tunku Abdul Rahman resigned in favor of his deputy

Tun Abdul Razak. Tunku Abdul Rahman had felt that he should not serve under a

nephew, given strict Malay royal protocol, but agreed to stay on as prime minister for

one day of Tuanku Abdul Halim's reign.

And now Tuanku Abdul Halim is ready for position as the Head of Malaysia after being

elected on 2 November 2006 whereas automatically confirm Tuanku Abdul Halim as for

the second time elected Deputy Yang di Pertuan Agong to serve a five year term. He is

the third person to have been elected twice to this office, after Tuanku Jaafar of Negeri

Sembilan and Sultan Mizan Zainal Abidin of Terengganu. In October 2011, Abdul

Halima was elected to serve a second term as the Yang di Pertuan Agong which

commenced on 13 December 2011.as mentioned earlier, he is the first person to hold

the position twice and he is also the oldest Malay Ruler to be crowned Yang di Pertuan

Agong at 84 years 15 days, beating the previous record holder, Sultan Salahuddin

Abdul Aziz of Selangor, who was crowned at 73 years 49 days.

B) HISTORY OF YDPA FORMATION

Malaysia does not have an absolute monarchy although it has a king, the Yang di-

Pertuan Agong, as the Head of State. What is unique about the monarchical system in

Malaysia is that the Yang di-Pertuan Agong is elected by the Conference of Rulers in

accordance with the procedure spelt out in the Third Schedule of the Federal

Constitution and the rules of the Conference of Rulers. The Yang di-Pertuan Agong is

formally elected to a five-year term by and from among the nine Rulers of the Malay

states (nine of the thirteen states of Malaysia that have hereditary royal rulers), who

form the Conference of Rulers (Majlis Raja-raja). The Yang di-Pertuan Agong may not

be re-elected after his term has expired.

The selection of the Yang di-Pertuan Agong initially followed an order based on the

seniority (calculated by length of reign) of each Ruler in 1957 at the Federation of

Malaya’s independence from the United Kingdom. The Conference of Rulers, which has

the power to disqualify a candidate, has sometimes varied the original seniority order.

Minors are automatically disqualified from office. After each of the nine Rulers of the

states had served as the Yang di-Pertuan Agong, the order of seniority was based on

the order of the states whose rulers have been elected the Yang di-Pertuan Agong. The

Conference of Rulers has met regularly since 1895. The membership of the council

includes the four governors (Yang di-Pertua Negeri), but only royal rulers are allowed to

vote and stand for election as Yang di-Pertuan Agong.

QUALIFICATION

Only one of the Rulers is qualified to be elected.

Only the Rulers are eligible to vote.

As is the custom, the most senior Ruler is elected. This procedure is no longer

adhered to since the Rulers of all States have had their turns to be elected. The

first round was completed with the election of His Royal Highness the Sultan of

Perak as the ninth Yang di-Pertuan Agong. Since then new list known as the

Reconstituted List was drawn up based on the seniority of the States who’s

Rulers have been elected as the Yang di-Pertuan Agong (the First to the Ninth

Yang di-Pertuan Agong).

NOT ELIGIBLE FOR ELECTION

the Constitution provides that a Ruler is not eligible for election as the Yang di-Pertuan

Agong unless:

the Ruler is a minor;

the Ruler has notified the Keeper of the Rulers’ Seal that he does not     wish to

be elected, or;

The Conference of Rulers by a secret ballot resolves that the Ruler is unsuitable

by reason of infirmity of mind or body or for any other cause to exercise the

functions of the Yang di-Pertuan Agong. The resolution shall only be carried if at

least five members of the Conference have voted in favor of it.

STEPS PRECEDING AN ELECTION

Application of consent for the date of the Election Meeting.

If vacancies occur in the offices of the Yang di-Pertuan Agong and the Timbalan

Yang di-Pertuan Agong, proceedings for the Election shall not be later than four

weeks from the dates when the offices fall vacant.

The Keeper of the Rulers’ Seal shall write to every Ruler enquiring whether he

desires to be nominated to the office of the Yang di-Pertuan Agong and the

Timbalan Yang di-Pertuan Agong respectively. The Rulers who do not wish to be

elected shall so notify the Keeper of the Rulers’ Seal, and their States will then be

placed last on the Nomination List.

ELECTION PROCEEDINGS

When the Conference of Rulers deliberates on the election of the Yang di-

Pertuan Agong and Timbalan Yang di-Pertuan Agong, the Governors (Yang di-

Pertua Negeri) will not be present even though they are Members of the

Conference.

The election is carried out by a secret ballot.

The ballot papers will be destroyed in the presence of the Rulers as soon as the

result of the election result is announced.

The ballot papers used are not numbered, but marked with the same pen and

ink, and are inserted into the ballot box.

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.

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.

ELECTION PROCESS

During the process of the election, the Keeper of the Rulers’ Seal will distribute the

ballot papers to the Rulers, and each Ruler will be requested to indicate (on the ballot

paper) whether the most senior Ruler (one name only) is suitable/not suitable to be

elected as the Yang di-Pertuan Agong. The nominee must have obtained the majority of

five 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 five years.

THE PROCESS OF ELECTION OF THE TIMBALAN YANG DI-PERTUAN AGONG

When the process of electing the Yang di-Pertuan Agong is completed the election of

Timbalan Yang di-Pertuan Agong will be carried out in the same manner.

AFTER COMPLETION OF THE PROCESS OF ELECTIONS

After the completion of both elections, the Keeper of the Rulers’ Seal will write to the

Senate, the House of Representatives and the Prime Minister, informing them of the

results of the elections. The Prime Minister will issue a press statement announcing the

results of the elections of the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan

Agong. The Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong shall only

exercise their official duties after they have subscribed to their oath of office in a

ceremony before the Conference of Rulers and in the presence of the Chief Justice of

the Federal Court and the oath shall be attested to by two Rulers appointed for the

purpose by the Conference of Rulers.

Malaysian history has shown that there existed some forms of relations between the

various sultanates in the Malay Peninsula. Those ties dated back to the era of

Parameswara times of 1500. This was in the informal meetings of sultans and British

authority as the high commissioner who use the platforms to seek advice in Malay

affairs, religion and customs. Hence even before the officiated introduction of the

conference rulers is the 1948 through the constitution of the federation of Malaya. The

various sultans have had meetings among themselves and those meetings had been

chaired by the British high commissioner. The informal meetings were also platforms in

which the sultans could discuss the national policies. Nevertheless the status of these

meetings was unofficial. The conference of rulers was formally introduced as official

institution by the federation agreement of 1948 that gave birth to the federation of

Malaya. It consisted of the nine Malay rulers. One of the numbers who was to be

appointed by the conference was to chair the meeting whenever the need arose to hold

one. The main function of the conference was to advise the British high commissioner

in discharging his duties. This conference retained much of its characters importance

and basic functions through two important historical periods. That was the

independence of the federation of Malaya in 1957 and again in the post federation of

Malaysia in 1963. Since independence and after Malaysia,, the conference has

increased in its membership and an added duty to elect the Yang di Pertuan Agong.

The Yang di Pertuan Agong is the head of state. In Malaysia’s system of government,

he is a constitutional head. This means that the king rules according to this ground

rules set forth by the Constitution of the federation. This differs from earlier or ancient

times when a king has absolute and power over life and death.

The position of the Yang di Pertuan Agong came into being when the federation of

Malaya became independence in 1957. The Yang di Pertuan Agong was elected and

he replaced the British monarch as the head of state of the newly independent

federation of Malaya.

Only nine Malays rulers are eligible to be elected as either the Yang di Pertuan Agong

or as Timbalan Yang di Pertuan Agong. All sultans’ raja and Yang di Pertuan Besar are

eligible to be elected as either the yang di Pertuan Besar

The procedure is perhaps more meaningful in regard to the election of the first Yang di

Pertuan Agong when the priority or the seniority list was first drawn up. From that time

onwards those who had been appointed simply moved down the list as no individual

sultan raja or a Yang di Pertuan Besar can be elected twice before the circle comes to

full conclusion. In 1994 the election of the Yang di Pertuan Besar Negeri Sembilan

stated the second circle.

C) TASK DESCRIPTION

In our system of constitutional monarchy and parliamentary democracy, the Yang di-

Pertuan Agong is the formal head of the executive branch. A vast array of powers and

functions is vested in him by the Constitution and by federal legislation. From the point

of view of their nature, the functions can be categorized as follows:

* Executive functions

* Functions in relation to the judiciary

* Functions in relation to Parliament

* Functions in relation to Islam

On a literal reading of these laws the lay person would get the impression that the

monarchy is the focal point of power in the country. Actually, the real legal position is

quite different.

The Yang di-Pertuan Agong is head of state but not head of government. He is the

repository of vast authority and dignity but very little power.

Save in some enumerated or extraordinary crisis situations when the monarch's

personal discretion comes into play, the real wielder of political power is the prime

minister.

This conclusion flows from the overriding rule in Article 40(1) and 40(1A) that in the

exercise of all his functions under the Constitution or federal laws, the monarch is

required to "act in accordance with the advice of the cabinet or of a minister acting

under the general authority of the cabinet".

From the point of view of their exercise, the King's constitutional functions can be

classified under three heads:

• Functions exercisable on prime ministerial advice

• Functions exercisable on the advice of persons and bodies other than, or in addition

to, the prime minister

• Discretionary functions.

In relation to all three categories, the King (and in the states, the Rulers) can be the

moral and legal compass of the nation. They can play a significant, if subtle, role.

Through the Conference of Rulers, they can provide a much-needed check and balance

to the ever-expanding powers of the political executive.

The Yang di-Pertuan Agong's role is that of a constitutional monarch. The Federal

Constitution and Parliamentary Acts made in accordance with it define the extent of his

powers as the Federal Head of State. The executive power of the federal government is

vested in him.

The monarch's powers are basically divided into two broad categories:

• 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

• The powers that he exercises at his discretion (without the consent of any other

authority).

The discretionary powers of the Yang di-Pertuan Agong pertain chiefly to appointing the

Prime Minister, withholding consent to dissolve Parliament, and calling meetings with

the Conference of Rulers"concerned solely with the privileges, position, honors and

dignities of Their Royal Highnesses." Under the Westminster 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 or become unacceptable, he may be forced out by a vote

of no confidence, which would require the Yang di-Pertuan Agong to dissolve

Parliament on advice of the Prime Minister, or refuse to dissolve Parliament and appoint

someone else as Prime Minister. Conventionally, the Prime Minister is the head of the

party with a majority in Parliament. Since independence in 1957, this has been the

Barisan Nasional (National Front, formerly known as the Alliance).

The Yang di-Pertuan Agong renews the appointment of a Prime Minister after every

general election until the minister decides to step down. Whenever the Prime Minister

chooses to dissolve Parliament, he calls for a general election. The Yang di-Pertuan

Agong may choose to refuse a Prime Minister's request to dissolve Parliament, as one

of his discretionary powers.