Nur Hanisah binti HasibNur Hanisah binti HasibNur Fatin binti RosleNur Fatin binti RosleNur Farah Adila binti Nur Farah Adila binti

RaubKhanRaubKhanAmirah Sofia binti Amirah Sofia binti

MohdAbasMohdAbasNur Fatin binti ZainiNur Fatin binti Zaini

WHAT IS MONARCHY?

•Originates from the Greek word, which means rule of single or rule of one.•The monarchy form of government can be divided into two: - Absolute Monarchy - Constitutional Monarchy

ABSOLUTE MONARCHY

•The kings and emperor rule absolute throughout the countries. These kings and emperors rule supreme and have absolute power over their subjects and territories.

CONSTITUTIONAL MONARCHY

•Constitutional King on the other hand is a contemporary phenomenon. In modern times, King has limited power because they have to abide by the state’s constitution.Thus,the term Constitutional King.

The Yang Di-Pertuan Agong

• Under the Federal Constitution, the Yang di-Pertuan Agong, who in the exercise of most of his power act on advice, perform the following categories of functions.

Unique System Of Monarchy

Malay kingship existed as early as the first century and the power Malay kingship existed as early as the first century and the power of the Malay Sultans were nearly absolute.of the Malay Sultans were nearly absolute.

But during the colonial period these powers were decline. It began But during the colonial period these powers were decline. It began with the absorption of Malay Kingdom into the Federated Malay with the absorption of Malay Kingdom into the Federated Malay States (FMS) of 1895 and the Federation Of Malaya 1948.States (FMS) of 1895 and the Federation Of Malaya 1948.

The Merdeka Constitution of 1957 restored the honors and The Merdeka Constitution of 1957 restored the honors and dignities of Malay Rulers but at the same time adopted the dignities of Malay Rulers but at the same time adopted the established British convention.established British convention.

To enable nine Malay Rulers to take turn, a unique system of an To enable nine Malay Rulers to take turn, a unique system of an elected monarchy was adopted. By 1992, the firs rotation was elected monarchy was adopted. By 1992, the firs rotation was completed.completed.

Article 32- Supreme of the Federation, and his consort. Article 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.

Eg: 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

A. Executive Functions Appointment of Prime Minister and Deputy Minister – Art

43(1),(2) and 43A Dismissal of minister other than Prime Minister – Art 43(5) Receiving information concerning government – Art. 40(1) Supreme Commander of Armed Force Armed Force Council act under his general authority

Continue…

Proclaim an emergency -Art 150(1)Proclaim an emergency -Art 150(1) - He has the power to dissolve Houses of Parliament in terms - He has the power to dissolve Houses of Parliament in terms

of war BUT it is impossible when the both Houses of of war BUT it is impossible when the both Houses of Parliament are sitting concurrentlyParliament are sitting concurrently

Protect the special position of the Malays and the Natives of Protect the special position of the Malays and the Natives of Sabah and Sarawak and to safeguard the legitimate interest Sabah and Sarawak and to safeguard the legitimate interest of other communities – Art 153 (1)of other communities – Art 153 (1)

Yang di-Pertuan Agong is a nominal executive.Yang di-Pertuan Agong is a nominal executive.

LEGISLATIVE FUNCTIONS

• The YDPA is part of Parliament. Article 44-Constitution of Parliament

• To dissolve the Dewan Rakyat. • Article 40(2)(b)-Yang di-Pertuan Agong to act on

advice.• Save under Article 66(4A), YDPA assent is required

before a bill is gazetted. The bill will be gazetted after 30 days even without royal assent.

• Article 48(3)-Disqualification for membership of Parliament. Power to remove disqualification from membership of Parliament.

Judiciary

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.

YDPA also may extend the tenure of office of a judge who has reached the age of 65 years old.

Relation to Islam.

- The Yang di-Pertuan Agong is the head of Islam in the Federal Territories, his own state, Malacca, Penang, Sabah, and Sarawak.

Article 3(3)-Religion of the Federation.

Yang di-Pertuan Agong presides over the Council of Islamic Religious Affair for Kuala Lumpur, Labuan and Putrajaya.

Article 3(5)- Religion of the Federation.

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.

ELECTION:

• The YDPA elected in accordance with the rules in the way specified in Third Schedule to the Constitution.

• Articles 32(3) - The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.

• Several unusual features,the rules of election of YDPA.-1st only Rulers may stand-2nd only Rulers may vote-3rd ordinarily the most senior Ruler should be elected-4th no state may have its Ruler elected YDPA twice,until the Ruler of every state has had a chance of becoming YDPA

•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,orc) 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.

• At the election the Keeper issues each Ruler a ballot paper in which the Ruler is asked to indicate whether or not his opinion the most senior Ruler, is suitable to be YDPA.If at least,five members vote him suitable,he is offered the office and,if he does not accept the office,the office is offered to the Ruler whose state is next on the list and so on until the Ruler accept the office.

• When a Ruler to whom the office been offered has accepted it,the conference declares him elected and the Keeper notifies the result in writing to both Houses of Parliament and to the PM.For the purpose of subsequent elections the list is varied as follows:a) After each election any state preceding on the list of the state whose Ruler was elected is transferred to the end of the list,and the state whose Ruler was elected is omitted. b) Whenever there is a change in the Ruler of a state then on the list,that state is transferred to the end.

IMMUNITY:

• 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.

CONSTITUTIONAL CRISIS 1993• Alleged criminal acts by Sultan of Johor, both

when he was the Crown Prince of Johor and when he was the Yang di-Pertuan Agong, have been openly referred to in Parliament by politicians. Acts to this kind, when committed by a member of royal house, have been pardoned by the Sultan. When committed by the Sultan himself they have not pursued in the courts because of the ruler’s constitutional immunity from suit.

• In the case of Daeng Baha Ismail bin Daeng Ahmad v. Tunku Mahmood Iskandar Al-Haj ibni Sultan Ismail, the judge Harun Hashim held that the court had no jurisdiction to hear a case in which the plaintiff alleged he was beaten by the Yang di-Pertuan Agong.

• Prime Minister Mahathir bin Mohamad successfully amended the constitution to make the monarchies more accountable to their actions. A bill to amend the Constitution was tabled in Parliament and was passed by both Houses by 20 January 1993. The bill fell far short of an attempt to abolish the monarchy, but constituted a serious invasion of the Ruler’s power.

• The bill removed the immunity of the Yang di-Pertuan Agong and the other Rulers from suit when acting in a personal capacity, and gave the jurisdiction in such cases(criminal and civil) to a Special Court.

• Article 182~ The Special Court.