The King’s roles and functions
ABOVE its symbolic significance, the Yang di-pertuan Agong assumes various roles in upholding the country’s democratic principles, fostering stability and serving as a unifying symbol for the country.
As the constitutional monarch and ceremonial head of state, the Yang di-pertuan’s roles are clearly defined in the constitution unlike the British monarchy, pointed out a constitution expert.
“The British monarchy is not recognised in the country’s written laws. This is different from the constitutional monarchy system practised in Malaysia where the role and functions of the monarchy is in the written constitution.
“This means that if it is in the written constitution, we have to abide by it because it is the country’s most important law,” constitutional expert Prof Datuk Dr Shamrahayu Ab Aziz was quoted as saying by Bernama.
As stipulated in the Federal Constitution, the Yang di-pertuan Agong assumes a role within the executive, legislative, and judicial branches of the government.
In a write-up on Malaysia’s constitutional monarchy, law expert Emeritus Prof Datuk Dr Shad Saleem Faruqi (pic) said unlike in the United Kingdom – where the monarchy knows of no break and a new monarch’s accession is always backdated to the date of the previous sovereign’s demise – in Malaysia, a time lapse may exist between the end of one reign and the start of another.
He said the King has a role in all three branches of the government (executive, legal and judiciary), as well as in relation to Islam.
“The vast array of powers vested in the Yang di–pertuan Agong, if interpreted literally, create the impression that the monarchy is the real seat of power in the country. However, the legal reality is different,” he noted.
In terms of his executive role, the Yang di-pertuan Agong is the formal head of the executive branch.
“In this capacity, the Agong performs a whole array of crucial political and legal functions like the appointment and dismissal of the Prime Minister and the Cabinet and deputy ministers,” said Prof Shad Saleem.
His Majesty also has the power to refuse a prime minister’s request to dissolve the Parliament.
Moreover, His Majesty has the power to appoint and remove public servants, members of constitutional Commissions and other special offices under the Constitution.
The King also has the power to proclaim an emergency, protect the special position of the Malays and the natives of Sabah and Sarawak, and determine which public authorities should submit accounts to the auditor general.
In relation to the judiciary, though institutionally separate from the judiciary, the King appoints superior court judges and also removes, retires or suspends them.
The King can seek the Federal Court’s advisory opinion and grant pardons, reprieves and respites to persons convicted by a court.
The Yang di-pertuan Agong also has a significant role in appointing an attorney general and judges based on the advice of the prime minister.
In relation to Parliament, the King can summon, prorogue or dissolve, address one or both Houses and appoint 44 nominated senators, Shad Saleem said.
The Yang di-pertuan Agong also appoints the clerks to the two Houses. In addition, he can promulgate ordinances during an Emergency except under Article 66(4A), where his assent is needed before a parliamentary Bill becomes law.
“Before giving his assent, he can delay legislation by 30 days,” Prof Shad Saleem explained.
In relation to Islam, the King is the head of the religion in eight territories – the three federal territories, his home state plus Melaka, Penang, Sabah and Sarawak.
“The King is the ceremonial, dignified head of state, but most of the executive power resides with the prime minister.
This is because of the overriding constitutional provisions in Article 40(1) and 40(1A) that in the exercise of all his functions under the Constitution and laws, the Yang di-pertuan Agong shall act on advice save in those areas where the Constitution confers discretion.
The Yang di-pertuan Agong can also call a meeting with the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses.
The King is also the ceremonial supreme commander of the armed forces, he added.
The King is also given the power to grant amnesty or delay sentencing on any crime tried in the Military Court and crimes committed within the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
The Yang di-pertuan Agong is also the Commander in Chief of the Armed Forces in addition to being the Head of Islam in the four states ruled by appointed Governors, in the three Federal Territories as well as in his own state.