April 11, 2012
Daulat Tuanku, Daulat Tuanku, Daulat Tuanku
by Datuk Seri Utama Rais Yatim
TODAY, the Sultan of Kedah, Tuanku Abdul Halim Mu’adzam Shah, who succeeded Tuanku Mizan Zainal Abidin of Terengganu, will be installed as the 14th Yang di-Pertuan Agong.
The king’s position is in line with Article 32(1) of the Federal Constitution, which among other things, stipulates that:
“There shall be a supreme head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation…”
The phrase “supreme head of the Federation” places the king of the Federation of Malaysia as the supreme leader of the country. This pronouncement has been provided for since the Constitution of the Federation of Malaya 1957, following the recommendations of the Lord Reid Commission as the drafter of the Constitution of the Federation of Malaya.
At the same time, Article 32(2) provides that “The consort of the Yang di-Pertuan Agong to be
called the Raja Permaisuri Agong shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.”
While the Federal Constitution spells out the format and the pronouncement of the oath of office of the Yang di-Pertuan Agong and the Deputy Yang di-Pertuan Agong as stipulated in the Fourth Schedule, the Raja Permaisuri Agong is not required to take any oath of office even though Her Majesty is accorded the highest rank and position after the Yang di-Pertuan Agong.
Tuanku Abdul Halim is the only sultan to be installed as the Yang di-Pertuan Agong for a second time.He ascended the throne as the fifth Yang di-Pertuan Agong between 1970 and 1975, the period which saw the leadership transition between the first prime minister of Malaysia Tunku Abdul Rahman and second prime minister Tun Abdul Razak.
His Majesty is a nephew of the Tunku. He is also the first Yang di-Pertuan Agong to take up residence at the new Istana Negara.His Majesty will be attending all the royal ceremonies from morning until at night when the state banquet takes place.
Historical elements
Historically, the post of the supreme head of the Federation was proposed by the Reid Commission as the Yang di-Pertuan Besar — based on an idea by Tunku Abdul Rahman, after observing the rotational monarchy system in Negri Sembilan.
In Negri Sembilan, the Undang Yang Empat as the “rulers” or ruling chieftains elect a king for the state in accordance with the state’s custom and tradition.
When the views of all parties representing the Malay rulers, UMNO and the Alliance Party as well as numerous others were taken into consideration, the title of Yang di-Pertuan Besar was replaced with that of the Yang di-Pertuan Agong so as not to create confusion with the Negri Sembilan ruler.
History is therefore clear that the post of the Yang di-Pertuan Agong is the manifestation of the Constitution of the Federation of Malaya (1957) and continued under the Constitution of the Federation of Malaysia (1963).
His Majesty will rule based on the concept of constitutional monarchy — a king who has to listen to the advice of the cabinet or its representative (normally the prime minister) as provided for under Article 40 of the Constitution.
In terms of legislative powers, His Majesty is one of the three components which make up Parliament (Dewan Rakyat, Dewan Negara and the Yang di-Pertuan Agong).
The Malaysian Parliament is not complete without the Yang di-Pertuan Agong as one of the components.Hence, it is compulsory for His Majesty to sign all the bills approved by both houses.His Majesty shall be regarded as the paramount ruler and the vertex of the sovereignty of Malaysia.
The people, regardless of race, religious background, culture or beliefs, are honour-bound to accord respect and recognition to the Yang di-Pertuan Agong.
True, His Majesty is a Malay kingand a Muslim, but in terms of nationhood, he is the king for Malaysia and its people.
A simple parallel can be drawn from the United Kingdom in that Queen Elizabeth is the royal head of state for all citizens of the United Kingdom who now comprise various races and ethnicities.
It is only that Queen Elizabeth’s royal status is not rotational as the Anglo-Saxon monarchy dates back 400 years ago, while Scotland and England’s royal families formed a union in 1603.
After today, the official photographs of the Yang di-Pertuan Agong and the Raja Permaisuri Agong will be displayed in all government offices nationwide and all 104 Malaysian missions abroad.
Constitutional Monarchy
The concept and practice of the constitutional monarchy in Malaysia has been accepted and acknowledged by various parties, including the Reid Commission, to be the most suitable for the country.
This is due to the fact that prior to the country’s independence, it was the Malay rulers who had been holding the reign of power and sovereignty in each state.
Although due to tumultuous historical process, states like Penang, Malacca, Sarawak and Sabah ended up without a king, the monarchy rule continued to gain recognition, especially under the British colonial administration.
After 1963, all states which were without a king (Penang, Malacca, Sabah, Sarawak and the Federal Territories) accepted His Majesty as their constitutional monarch although there was no proclamation made to that effect.
The Yang di-Pertuan Agong is a king who rules in accordance with the advice of the Executive branch.
His Majesty has a long list of responsibilities and functions for the three branches of the government — the executive, legislative and judiciary. His Majesty appoints the Prime Minister and his deputy, the ministers and deputy ministers, the attorney-general, judges at all levels (except magistrates), and commissions Malaysian ambassadors and high commissioners for their duties abroad.
The Yang di-Pertuan Agong, as stipulated under Article 41 of the Constitution, is the supreme commander of the armed forces of Malaysia.
His Majesty has the power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
When the Internal Security Act (ISA) 1960 was still in force, His Majesty could also act upon an appeal by the ISA advisory board.His Majesty also has the power, upon being advised to do so, to declare a state of emergency in accordance with Article 150 of the Constitution.
Conference of Rulers
The Conference of Rulers is the highest royal body which elects the Yang di-Pertuan Agong and Deputy Yang di-Pertuan Agong as provided for under Article 38.
Although matters regarding national policies can also form an agenda for the Conference of Rulers, most of the issues being deliberated and considered are matters concerning the royalty as well as pardons, reprieves and respites, Malay customs and matters concerning Islam.
Normally, the Conference of Rulers also deliberates on certain appointments, such as those of judges, and the rules made under Article 32 concerning the public service. In short, the Yang di-Pertuan Agong is involved in many matters relating to his position as the paramount head of state.
Programmes
Special programmes have been planned. Although the practice and line-up of events would not be much different from the practice in the past, owing to the need to stay true to tradition, the Main Committee on the Installation of the Yang di-Pertuan Agong will be focusing on the theme Raja dan Rakyat Berpisah Tiada (The Ruler and His Subjects Are Always Together).
The installation ceremony will be attended by the monarchs and state governors starting at 9am.The theme stresses the notion that “there will be no king without his people” and that the relations between the two entities should be carefully safeguarded in that the people’s interest should not be neglected and at the same time, the constitutional monarchy institution should be upheld and respected.
There will be a recital of the Yassin at the National Mosque tomorrow followed by a special sermon on Friday. There will also be other religious events to express well wishes for His Majesty.
There will be a golf tournament on Saturday at the Glenmarie Golf & Country Club in Shah Alam from 7.40am.
The “Our King” exhibition will be held on Sunday from 11am at the old Istana Negara.It will showcase numerous aspects of the monarchy rule and the institution of the Yang di-Pertuan Agong from 1957 until today.
In conjunction with this, some 50,000 booklets, titled Raja Kita (Our King) will be distributed, especially to schoolchildren and youngsters to nurture their knowledge on the royal institution, particularly the Yang di-Pertuan Agong.
Her Majesty the Raja Permaisuri Agong Tuanku Hajah Haminah will fete a large group of children at the Multipurpose Hall of the new Istana Negara on April 21 from 9am. Numerous fun-filled programmes for children will take place.
A massive “Raja dan Rakyat Berpisah Tiada” performance will be held on the night of April 21 at Dataran Merdeka. This grand finale of the installation ceremony will showcase cultural performances by various races, as well as music and songs and a variety of interlude programmes.
Uniqueness
Events taking place between April 11 and 21 will demonstrate the uniqueness of a society centred on the 1Malaysia Community: that we are one in diversity.
We are one in determining our nationhood’s objectives and we dare to have differences in opinion to put forth the best for Malaysia. It is in this endeavour that the royal institution — His Majesty the Yang di-Pertuan Agong — will become the pillar of our strength.
His Majesty is not only a symbol of nationhood, of strength and unity but also a symbolism steeped in sovereignty.
Daulat Tuanku, Daulat Tuanku, Daulat Tuanku.
The ruler and his subjects are always together.
*Information, Communications and Culture Minister Datuk Seri Utama Dr Rais Yatim is also the Chairman of the Installation of the 14th Yang di-Pertuan Agong.
Din Merican: the Malaysian DJ Blogger 
Daulat Tuanku.
May your wisdom permeate the nation.
Yes all that is said is true. Now we have to live by it. We are a Federal System of Government. Only the Federal Government has the power to collect taxes and it is, therefore, incumbent of the Federal Governmant to resist the temptation to withhold developement funds form the States even if it is in the hands of the opposition. That is the Constitution. And I am happy that the Learned Minister has reminded me of this on this auspicious occasion.
_________
Tean, he may have changed his mode, but what has it got to do with the installation of our King?–Din Merican
Kelentong punya mentri !!
When he left UMNO for Semangat 46 he uttered…I have burned my bridges…and then came crawling back to be appointed minister by Bodowi !!Man with no principles !! Dont ever believe this bloke..minyak ular salesman !!
Rocky,
If you are not with the establishment, and you kenna screwed kau kau. Can say to me? It’s politics. Just accept that you are indeed a pig
As I was reading I was thinking this must be an essay on the monarchy submitted by a fifth form student. I really do. Until I came to the end. Then I scrolled up to make sure.
It is the same guy ( a former school teacher) who drove us testosterone ridden undergrads from MU, in his old and worn out MGBGT from Dunearn Road Hostel (University of S’pore) to Bugis Street in 1969 (since shut down by Harry Lee) who later graduated from law school and became Mentri Besar Negri Sembilan in the70s.
What can I say?
“Only the Federal Government has the power to collect taxes and it is, therefore, incumbent of the Federal Governmant to resist the temptation to withhold developement funds form the States even if it is in the hands of the opposition. That is the Constitution” — Thumb Logic
You can suck your thumb all day but the strength of an oppressive regime likes not in logic.
Malaysia is not a true federation of states. The states have no power to collect their own taxes. The last time I checked the states could only collect ‘hasil pintu’. You can’t run the state government on ‘hasil pintu’. You’d fare much better legalising the oldest profession in the world and collect taxes. Of course it would still be loose change for Kedah’s buffalo riders.
oops … lies not
Mr. Bean,
So, what is your point. If you have no point you should not expose it.
“Only the Federal Government has the power to collect taxes and it is, therefore, incumbent of the Federal Governmant to resist the temptation to withhold developement funds form the States even if it is in the hands of the opposition”
Extremely naive to go with this view. Just because they should, it doesn’t mean they would! You can expect UMNO-BN to do because they could. That is the attribute of power.
Over the years constituencies that have voted for the opposition have seen the slow strangulation of development funds.This is not new.
“Only the Federal Government has the power to collect taxes and it is, therefore, incumbent of the Federal Governmant to resist the temptation to withhold developement funds form the States even if it is in the hands of the opposition. That is the Constitution.” — Thumb Logic
The country’s constitution also guarantees all fundamental liberties – speech, assembly and association. But that didn’t stop the UMNO run government from passing legislation like the Internal Security Act and a plethora of other oppressive legislation that has acted to make a mockery of our democracy. You may want to add, “That too is the Constitution”.
“The time clock is ticking for Malaysia. Stop all this talk. We need honest government and we must begin with the Election Commission. Get that right and the rest will fall in place.” — Thumb Logic
You are in need of a reality check, Thumb Logic.
The doctrine of civil service neutrality is today but a concept, a classroom issue discussed and debated among undergrads majoring in public administration. Mahathir has at the start of his tenure as PM constantly chipped at it. It finally peaked with the ouster of the country’s top judge in the mid ’80s – and he is not even part of the executive but the third and by definition independent pillar of government.
Just because we need an independent Election Commission or an honest government does not mean there will be one. How very naive!
The article is okay as background to today’s Installation of our new King. Attacking the writer of the article is not on as far as I am concerned. I personally may not agree with Rais Yatim’s politics, but that is not relevant. I expect my readers to congratulate His Majesty and wish him well as he becomes the Sultan who is our YDP Agong for the second time.–Din Merican
“His Majesty will rule based on the concept of constitutional monarchy — a king who has to listen to the advice of the cabinet or its representative (normally the prime minister) as provided for under Article 40 of the Constitution” — Rais Yatim, Minister.
Here the Minister conveniently glossed over the key provisions in the country’s Constitution: Artcle 40 sub clause (2). The ambit of the Agong’s discretion has yet to be tested.
I do not think this Agong will appoint somebody other than the incumbent Prime Minister to lead his Majesty’s government. But he has that discretion given to him by the country’s Constition to appoint somebody who is above controversy and able to command the confidence of the people – not just his party. As constituinal monarch he is above partisan politics.
The inherent ambiguity in certain constitutional provisions is there for a purpose. It is up to the courts to interpret the intent of Parliament and if such intent is not readily discernible it should be sent back to Parliament for a re-drafting and a suitable amendment to give effect to Parliament’s intent.
I expect my readers to congratulate His Majesty and wish him well as he becomes the Sultan who is our YDP Agong for the second time.–Din Merican
Dato, I just told my U.S. citizen g/daughter that her great grand uncle is today King of Malaysia. That she may want to give up her U.S. citizenship and return to Malaysia to lay claim on the Kedah throne one day waiting in line behind many others. Unfortunately you will need to be male in order to
inherit the throne.
Hello Makcik,
I am an Independent.
The earth quakes upon his ascension. May Peace prevails in Malaysia. Amen.
Bean cannot claim the throne…he is an apostate lah !!!
Throne? Ascension? Apostate?
Nah.., his Kingdom is not of this world.
When Bean gonna claim the Kedah throne? When the kerbau hits the road. But there are many on the poor beast’s back. We gonna claim our share too.
Mr. Bean,
Your comments are of little help. We all know the power of government when it can send its army half way round the globe to kill people who have done no harm to them directly. We are trying to get government to live by the rules that they themselves have agreed to on their own free will and use it to further their own interest. While I am on this subject only 1% of the population in any of the developing countries has the to option to migrate. The others have to stay back and work for good governance.These are issues the opposition has to take up from time to time to throw sunshine so that the man-on-the-street is made aware of them.
Those who have set up home in developed countries can help by showing us with examples of how their country of residence is working towards good governance.
Thank You