Conference of Rulers

From Wikipedia, the free encyclopedia

Malaysia

This article is part of the series:
Politics and government of
Malaysia
Other countries · Atlas
 Politics Portal
view • talk • edit

The Conference of Rulers (also Council of Rulers or Durbar, Malay: Majlis Raja-Raja) in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states. It was officially established by Article 38 of the Constitution of Malaysia, and is the "only such institution in the world" according to the Malaysian National Library. Its main responsibility is the election of the Yang di-Pertuan Agong (King) and his deputy, the Timbalan Yang di-Pertuan Agong, which occurs every five years or after the death of the King. Although its position in the process of elective monarchy is unique, the Conference of Rulers also plays a role in amending the Constitution of Malaysia and some other policies, in particular, those Articles which have been "entrenched", namely those pertaining to the status of the rulers, the special privileges of the indigenous Bumiputra (see Article 153 of the Constitution of Malaysia), the status of the Malay language as the national language, and the clause governing the entrenchment of such Articles.

Contents

[edit] History

The Conference of Rulers has its origins in the 1897 Durbar, the Council of Rulers for the Federated Malay States, under the British colonial regime. Only the four Federated Malay States of Perak, Selangor, Negeri Sembilan, and Pahang were represented at the Durbar, which first convened in 1897. The purpose of the Durbar, as described by Resident-General Frank Swettenham, was to "bring home to the Malays, in the most striking manner possible, the reality of federation".[1]

After World War II, a similar body called the Council of Sultans was constituted under the short-lived Malayan Union. The Council comprised the Governor of the Union, who acted as President, the nine rulers, and the Chief Secretary, Attorney-General and Financial Secretary as ex officio members. The sole functions of the Council were to consider legislation related to Islam (a function carried out by a subcommittee of the Council, comprising only the Muslim members) and to advise the Governor of the Union or the ruler of any state as necessary.[2]

The first Conference of Rulers was convened on August 31, 1948, the year the British established the semi-autonomous Federation of Malaya, where it was attended by the rulers of all nine Malay states. The Conference of Rulers continued after independence, when it was formally established under the Constitution.

[edit] Membership

First Malay Rulers Durbar, Kuala Kangsar
First Malay Rulers Durbar, Kuala Kangsar

Only the rulers of the Malay states (Negeri Sembilan, Selangor, Perlis, Terengganu, Kedah, Kelantan, Pahang, Johor, and Perak) are permitted to participate in the election of the Yang di-Pertuan Agong, and stand as candidates. The governors of the other states (Penang, Melaka, Sabah, and Sarawak) do not participate when the Conference of Rulers meets to decide matters related to the election or removal of the Yang di-Pertuan Agong or his deputy, or those related to privileges of the Malay rulers.

The membership of the Conference will depend on the succession of the Malay sultans, and the appointment of the governors. The Yang di-Pertuan Agong himself appoints the governors, while each state has its own procedure for succession to the throne. One, Negeri Sembilan, is itself an elective monarchy.

Should a member of the Conference be unable to attend a meeting, his or her state must designate a temporary replacement; this process is set out by each state's own constitution, and therefore varies. Once elected, the Yang di-Pertuan Agong is no longer a member of the Conference, and is replaced by the Regent he has selected to rule in his stead in his home state. Every meeting of the Conference is chaired by one of the nine Malay rulers, who is appointed rotationally.

[edit] Roles and procedure

The National Library has called the Conference of Rulers "the supreme institution in the country", which would mean even Parliament is subordinate to it. However, its role is de facto largely symbolic, as even the election of the Yang di-Pertuan Agong generally follows a fixed order based on the seniority of the Malay rulers at the time of independence in 1957.

In policy-making, if the Conference of Rulers is involved, the Yang di-Pertuan Agong is constitutionally required to consult with not only the Prime Minister and the members of the Conference, but also with the Menteri Besar (Chief Ministers) of each state.

The Conference's role in amending the Constitution was first set out by the Constitution (Amendment) Act 1971, one of the first pieces of legislation passed by Parliament after the catastrophic May 13 Incident, which saw at least 200 deaths after racial rioting in the federal capital of Kuala Lumpur. The Act named Article 152, 153, and 181, and also Part III of the Constitution as specially protected; any public questioning of these provisions could now be criminalised by Parliament (this was done separately at the same time in amendments to the Sedition Act).[3] The provisions in question covered the social contract (not to be confused with the philosophy of a social contract between the government and the governed), a quid pro quo agreement between the Bumiputra and the non-Bumiputra. In return for the granting of citizenship to the non-Bumiputra, the Bumiputra were guaranteed special rights (or, some insist, Malay supremacy — ketuanan Melayu). The amendments thus effectively "entrenched" the social contract, making the contract alterable only with the agreement of the Conference of Rulers. Some have subsequently described the Conference of Rulers as a symbol of "Malay dominance".[4]

The provisions covered were (respectively) those relating to the national language of Malay, the special privileges and rights of the Malays and other indigenous peoples (Bumiputra, constituting more than half the Malaysian population), the status of the Malay rulers, and the provisions for Malaysian citizenship. These restrictions applied to all Malaysians, including Members of Parliament, overruling their Parliamentary immunity. In addition, Article 159(5), which governed amendments to the Constitution, was also amended to require the provisions of the Constitution relating to the "sensitive issues" mentioned earlier be amended only with the consent of the Conference of Rulers. This regulation would also apply to Article 159(5).[3]

These changes met with strong opposition from the Democratic Action Party (DAP) and People's Progressive Party (PPP), both of which had called for changes in government policies related to those "sensitive issues" mentioned during their campaigns in the 1969 general election. The changes were criticised as undermining Parliamentary supremacy, and some considered the legislation to insufficiently clarify the bans on discussion; in particular, it was wondered if the ban on discussion applied to Article 159(5) as well.[3] Others, such as The Times of London in the United Kingdom, lambasted the constitutional amendments, stating they would "preserve as immutable the feudal system dominating Malay society" by "giving this archaic body of petty constitutional monarchs incredible blocking power", suggesting that this move was hypocritical in light of Prime Minister Tun Abdul Razak's declaration of "the full realization that important matters must no longer be swept under the carpet..."[5] Nevertheless, despite fierce opposition, the Alliance coalition government passed the constitutional amendments in Parliament without the opposition votes because of its two-thirds Parliamentary majority.

The Conference of Rulers generally meets triannually, or three a times a year. Should the Yang di-Pertuan Agong or at least three members of the Conference request it, however, the Keeper of the Rulers' Seal may convene a meeting of the Conference of Rulers. Meetings will also be convened not later than four weeks before the end of the five-year reign of the Yang di-Pertuan Agong, or whenever there is a vacancy in either his seat or that of his deputy.

The Conference generally meets at the Istana Negara (National Palace), but meetings may be held at other venues should the members of the Conference consent. Meetings have been held on occasion at various state palaces, a State Assembly, and at hotel resorts. The Secretary of the Conference is the Keeper of the Rulers' Seal.

[edit] See also

[edit] Notes

[edit] References

  1. ^ Wu, Min Aun & Hickling, R. H. (2003). Hickling's Malaysian Public Law, p. 71. Petaling Jaya: Pearson Malaysia. ISBN 983-74-2518-0.
  2. ^ Wu & Hickling, p. 72.
  3. ^ a b c Khoo, Boo Teik (1995). Paradoxes of Mahathirism, pp. 104–106. Oxford University Press. ISBN 967-65-3094-8.
  4. ^ Wu & Hickling, p. 73.
  5. ^ Emery, Fred (Nov. 8, 1969). "Malaysia unity call against a background of fear", p. 7. The Times.

[edit] Other references

Languages