The Yang di-Pertuan Agong is head of state but not the head of government,

and reigns but does not rule.

EVERY year the first Saturday of June is commemorated as the official birthday of
our Yang di-Pertuan Agong. With the day approaching, attention is drawn to the
uniqueness of this royal, federal institution and its potentially pivotal role in the life of
the nation.
Unique features: The system of constitutional monarchy at the federal level is a rich
blend of British conventions and Malay royal traditions. The unique rotational system
is grounded in Negri Sembilans history of customary Chiefs (Undang) of the various
districts (Luak) taking turns to occupy the post of Yang di-Pertuan Besar. The office
of the federal Yang di-Pertuan Agong exhibits many other unique features.
First, the monarch is elected by and from amongst the Rulers of the nine Malay
states. Second, the position is rotational under a fascinatingly complex system
detailed in the Third Schedule.
Fourth, in addition to the Yang di-Pertuan Agong, there is a Timbalan Yang di-
Pertuan Agong who acts on behalf of the King if the monarch is unable to exercise
his functions due to illness or absence.
But if the monarch dies in office, the Timbalan does not become King automatically.
Nor does he fill out the remainder of the deceased sovereigns term. He fills the
breach till the Conference of Rulers elects a new King and a new deputy.
Fifth, unlike in the United Kingdom where the monarchy knows of no break and a
new monarchs accession is always backdated to the date of the previous
sovereigns demise, in Malaysia a time lapse may exist between the end of one reign
and the beginning of another.
Sixth, under the Federal Constitution the King suffers from several legal disabilities.
For example, as long as he is the federal monarch, he is not allowed to exercise his
functions as State Ruler except in regard to his role as head of Islam, amendments
to his State Constitution and the appointment of a Regent or Council of Regency.
Seventh, since 1993, the King enjoys no immunity in civil or criminal law.
Eighth, the King is removable from office. This is possible in three direct or indirect
ways.
* Dismissal by the Conference of Rulers a unique provision of accountability of the
King to his brother Rulers.
* If he ceases to be the ruler of his State in accordance with the Constitution of his
State.
* If he is charged with a criminal offence in the Special Court, he is suspended
temporarily from his office. If he is acquitted, he resumes office.
If convicted, he may be pardoned by the Conference of Rulers. If not pardoned,
presumably he loses his office.
Constitutional role: In our system of parliamentary democracy and constitutional
monarchy, the Yang di-Pertuan Agong performs functions similar to that of the British
Monarch but with adaptations to suit the Malaysian context.
Executive functions: The Yang di-Pertuan Agong is the formal head of the
executive branch. In this capacity he performs a whole array of crucial political and
legal functions like the appointment and dismissal of the Prime Minister and the
Cabinet.
He is the ceremonial supreme commander of the armed forces. He appoints and
removes public servants, members of constitutional Commissions and other special
offices under the Constitution.
He 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.
Functions relating to the judiciary: Though institutionally separate from the
judiciary, the King appoints superior court judges and also removes, retires or
suspends them. He can seek the Federal Courts advisory opinion. He grants
pardons, reprieves and respites to persons convicted by a court.
Functions relating to Parliament: The King has the power to summon, prorogue or
dissolve Parliament, address one or both Houses and appoint 44 nominated
Senators. He appoints the clerks to the two Houses.
He can promulgate Ordinances during an emergency. Except under Article 66(4A),
his assent is needed before a parliamentary Bill becomes law. Before giving his
assent he can delay legislation by 30 days.
In relation to Islam: The Yang di-Pertuan Agong is the head of the religion of Islam
in eight territories the three federal territories, his home State plus Malacca,
Penang, Sabah and Sarawak. Though he acts on advice, his capacity to delay,
moderate and reconcile is undoubted.
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.
The Yang di-Pertuan Agong is head of state but not the head of government. He
reigns but does not rule.
He 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.
Discretionary functions: Despite his general duty to act on advice, the Constitution
confers on the King a number of discretionary functions in relation to which he is
guided by his own discretion and wisdom and not by advice.
These areas of discretion are few but are at the heart of constitutional discourse and
can change the course of the nations history. They will be covered in the next
column.

Read more at http://www.thestar.com.my/opinion/columnists/reflecting-on-the-

law/2014/05/29/a-unique-royal-institution/#u02jZlYrfzfZc3bt.99