A unique process of electing the King
THE process to elect the Yang di-pertuan Agong through a constitutionally mandated process is exceptionally distinct and one of the most unique in the world.
His Majesty is elected by the Conference of Rulers according to the method and manner prescribed in the Third Schedule of the Constitution and Regulations of the Conference of Rulers.
After the completion of his term, the Yang di-pertuan Agong will be succeeded by another monarch based on the same selection system.
According to the official website of the keeper of the ruler’s seal office website, there are several eligibility criteria for the appointment of a ruler as the Yang di-pertuan Agong by the Conference of Rulers.
Firstly, only a Ruler may be elected if he consents to be elected, and only Malay Rulers are allowed to vote.
If a Ruler is unable to attend the Election Meeting, he may appoint another Ruler as a proxy to cast his vote.
Traditionally, the selection follows an order based on the seniority of each Ruler in terms of length of reign.
This rule no longer applies after all state rulers have taken their turn as the Yang di-pertuan Agong.
The first cycle ended with the appointment of the Sultan of Perak as the ninth Yang dipertuan Agong.
A newly restructured list is currently in place, which is based on the seniority of the state whose Ruler has held the office of the Yang di-pertuan Agong (the first to the ninth) in accordance with the Third Schedule of the Federal Constitution.
Schedule Three of the Federal Constitution also provides that a Ruler is not eligible for election as the Yang di-pertuan Agong if: > The Ruler is a minor; or
> 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 requires at least five members of the Conference to vote in favour of it.
There are also several steps prior to the election of the Yang di-pertuan Agong.
Consent must be reached for the date of the Election Meeting.
If vacancies occur in the offices of the Yang di-pertuan Agong and the deputy Yang di-pertuan Agong, the election shall not be later than four weeks from the dates when the offices fall vacant.
The Keeper of the Rulers’ Seal shall seek the consent of each Ruler to be nominated for election as the Yang di-pertuan Agong and the deputy Yang di-pertuan Agong.
The Ruler who does not desire to be elected shall notify the Keeper of the Rulers’ Seal in writing and the state shall be transferred to the end of the nomination list.
On the Election of the Yang di-pertuan Agong’s proceedings, when the Conference of Rulers convenes to select the Yang di-pertuan Agong and the deputy Yang di-pertuan Agong, the Governors shall not be present although they are members of the Conference.
The election is carried out by a secret ballot using unnumbered ballot papers marked with the same pen and ink.
The ballot papers are then inserted into the ballot box. As soon as the result of the election is announced, the ballot papers are destroyed (burned/shredded) in the presence of the Rulers.
The Ruler with the shortest reign, who is not listed as a candidate for the office of the Yang di-pertuan Agong or the deputy Yang di-pertuan Agong, is appointed to count the ballot papers together with the Keeper of the Rulers’ Seal.
In the Election Meeting, only the Rulers, the Keeper of the Rulers’ Seal and the Assistant Secretary to the Conference of Rulers are involved in the election process.
During the election process, the Keeper of the Rulers’ Seal distributes the ballot paper with only one candidate and each Ruler is requested to indicate whether the candidate is suitable to be elected as the Yang di-pertuan Agong.
The nominee must obtain a majority of five votes before the Ruler presiding over the Election Meeting offers him the office of the Yang di-pertuan Agong.
If the successful nominee declines the offer or the nominated Ruler fails to obtain the required majority votes, the voting process is repeated with the nomination of the second most senior Ruler in the seniority list of Rulers.
The process is completed only after the Ruler has accepted the offer of office of the Yang dipertuan Agong. The Conference then declares the Ruler as the Yang di-pertuan Agong to hold office for a term of five years.
The Malay Rulers who are qualified to select and hold the position of Malaysia’s Head of State are the Yang Di-pertuan Besar Negeri Sembilan, the Sultan of Selangor, the Raja of Perlis, the Sultan of Terengganu, the Sultan of Kedah, the Sultan of Kelantan, the Sultan of Pahang, the Sultan of Johor and the Sultan of Perak.
Al-sultan Abdullah Ri’ayatuddin Al-mustafa Billah Shah was officially installed as the 16th Yang di-pertuan Agong in a majestic ceremony steeped in royal custom and tradition at Istana Negara on July 30, 2019.
According to Article 37(1) of the constitution, the Yang di-pertuan Agong shall, before exercising his functions, take and subscribe to the oath of office.
The oath of office must be signed before the Conference of Rulers with two Rulers as witnesses and in the presence of the Chief Justice of the Federal Court.
In the event that the Chief Justice of the Federal Court is unable to attend, the next senior judge of the Federal Court shall take his place.
The oath of office must also be signed by the two Rulers appointed for that purpose by the Conference of Rulers.