CONSTITUTIONAL ROLE AND POSITION OF THE MALAYSIAN KING The position of the Malaysian King is that of a constitutional Monarch.

He does not have absolute powers except certain powers conferred by Parliament under Federal Laws provided in the Federal Constitution. The office of His Majesty, The King was created in 1957 when Malaysia obtained independence. It was constituted in the Federal Constitution when it was then introduced. The King is The Supreme Head of the Federation. He takes precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court of law. He is vested with certain important constitutional positions and powers, and plays an important constitutional role in the country. His major significance is the role in the three organs of the Government-the Executive, the Legislative and the Judiciary. Except for a few matters where He is allowed to use his discretion. He can only act on the advice of Parliament or the Cabinet Ministers, or certain officials in the Government. In his personal discretion he can: (a) appoint the Prime Minister (b) withhold consent to a request for the dissolution of Parliament (c) requisition a meeting of the Conference of Rulers concerned solely with privileges, position, honours and dignities of the Rulers, and any action at such a meeting (d) other functions mentioned in the Constitution. In appointing the Prime Minister, He is not completely free. The person should be a member of the House of Representatives who is likely to command the confidence of the majority party. In other words, it has to be the leader of the majority party. The King is also Supreme Commander of the Armed Forces, and exercises the prerogative of mercy in court martial cases, and such preorgative in Malacca, Penang, Sarawak, and Sabah in cases in repect of an offence against the Islamic religion. He is the Supreme Head of Islam in the country as well as in the States of Malacca, Penang, Sarawak, Sabah and the Federal Territories of Kuala Lumpur and Labuan. (In the other states, the State Rulers or Sultans act as Head of Islam in their respective States). His Majesty Sultan Azlan Shah himself when He was Lord President once commented in the (Malaysian Law Journal and Comparative Law(Vol. IX, 1982)) that the role of the Rulers in electing a King is of utmost importance. An (elected) King who could not work within the framework of the Constitution could lead to a constitutional crisis and seriously affect the peace and stability of the country. Tunku Abdul Rahman, Malaysia's first Prime Minister also commented that while the King is above the law and above politics, and being human, he would naturally have an interests in the politics of the country, but he will lose his standing and highly respected position as the symbolic Head of State when he gets involved in the political squabbles.

POWERS OF THE KING Since The King is a constitutional monarch, his authority and powers are not absolute. He is subjected to constitutional provisions, contained in the Federal Constitution except for certain powers conferred by Parliament under Federal Laws. The King is vested with executive authority in the Malaysian government's three main organs:

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The Executive The Legislative The Judiciary

The Executive Except for the three constitutional functions in wtudi The King can act in his personal discretion, he can only act on the adviceof die Prime Minister. In this area his authority covers the appointment of (he Prime Minister, appointment of Cabinet Ministers and Deputy Ministers, and ministerial functions. The Legislative In the Federal Legislative, legislative authority is vested in a Parliament consisting of The King and two Houses of Parliament known as 'Dewan Negara' (Senate) and 'Dewan Rakyat' (House of Representatives). The King only exercises certain important functions in the Federal legislative process. The King have the powers to appoint 40 members to the Senate including two from the Federal Territory of Kuala Lumpur and one from Labuan. Members to the Senate shall be persons who have distinguished themselves in the public service or in their professions, in the areas of commerce, industry, agriculture, cultural activities, social services or representatives of racial minorities. His Majesty also has certain powers to disqualify members of either House of Parliament, He can summon Parliament from time to time, and dissolve Parliament He may address either Houses of Parliament or both. He also appoints the Clerk to the Senate and Clerk to the House of Representatives. In the legislative process, all laws passed by both Houses of Parliament must be given His assent. Any Bill presented to Him must be assented within 30 days after presentation. He can send it back to be amended. However, the Bill will become law if he does assent to it after the specified time. The King may extent throughout Malaysia any law enforced in any part of Malaysia. In concurrence with the State Rulers or Yang Di Pertuan Negeri (Governor) of the State concerned, he may declare any State Law to be a Federal Law. Furthermore, The King can order any Federation Laws passed before Malaysia Day to be extended to Sabah or Sarawak, but with the concurrence of the State concerned. He also has the power to modify laws extended to the Federal Territories of Kuala Lumpur and Labuan.

The Judiciary The constitutional role of The King in the Judiciary is that He is the fountain of justice and that all the courts are The King's courts; and the judges are His representatives. The King determines the Constitution of the Supreme Court. He can appoint any person holding high judicial office to be judge in the Supreme Court but on the advice of the Lord President The Lord President, Chief Justices of the High Courts and other judges of the Supreme Court and High courts are appointed by The King based on the advice of the Prime Minister and after consulting the Conference of Rulers. On the advice of the Lord President, he also appoints Judicial Commissioners. On the recommendation of the Lord President and after His consultation with two Chief Justices of the High Courts, The King can order the transfer of a judge from one High Court to another. The tenure of a judge in the Supreme Court is until he attains the age of 65 years. But The King can extent it for another 6 months after the Judge attains that age. In the removal from office of the Lord President or any of the judges from their tenure of office, The King does not have the power to do so on His own accord. He can only decide to do so based on the recommendations presented by a tribunal established to remove the judge or judges concerned. The tribunal is only established if there are reasonable grounds to determine that the judge or judges concerned ought to be removed on reasons of misbehavior or of inability from infirmity of body or mind or any other cause to properly discharge the functions of his office. This tribunal consists of not less than five persons who hold or have held office as judges of the Supreme Court or a High Court. The King may also appoint Judges who hold or held equivalent office in any other part of the British Commonwealth. The King is authorised to determine the place of registry of the High Court in Borneo, acting on the advice of the Prime Minister, who shall consult the Chief Ministers of the two states concerned and the Chief Justice of the High Court The King can seek the advice and opinion of the Supreme Court on any question as to the effect of any provision in the Federal Constitution which may arise of which the supreme Court shall reply to it in open court of its opinion. Power of Pardon The King is given the power to grant pardon, reprieves and respites of all offences tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan. The same applies to any punishments imposed by any courts establish under any law regulation islamic religious affairs in Malacca, Penang, Sabah, Sarawak or the Federal Territories of Kuala Lumpur and Labuan, in His Majesty's position as Head of Islam in these States.

Proclamation of Emergency The King can proclaim a State of Emergency when a grave emergency exist whereby the security, economic life, or public order in the Federation or my part is threatened. Appointments In the Federal Constitution, The King is empowered to appoint persons to certain important office. Some of these are: Attorney General, appointed on the advice of the Prime Minister, Auditor General, on the advice of the Prime Minister and after consultation with the conference of Rulers; Chief of Armed Forces; Lord President of the Supreme Court and the Chief Justices of Malaya and Borneo, on the advice of the Prime Minister after consulting with the Conference of Rulers; the Inspector General of Police and Deputy Inspector General of Police, appointment based on the recommendation of the Police Force Commission and on the advice of the Prime Minister Heads and Deputy Heads of Government Departments, acting on the advice of the Prime Minister. The King also appoints certain members of the Armed Forces Council; members of the judicial and Legal Service Commission, after consultation with Lord President; the Chairman, Deputy Chairman and four to thirty members of the Public Service Commission, on the advice of the Prime Minister and consultation with the Conference of Rulers; members of the Police Force Commission; members to the Education Service Commission, on the advice of the Prime Minister and consultation with the Conference of Rulers the Election Commission, after consultation with the Conference of Rulers. The Governors of the States of Sabah, Sarawak, Penang and Malacca are appointed by The King, but The King shall be the Head of Islam in those Stales. Under Federal Laws, The King is empowered to appoint persons to statutory position or boards such as the Anti-Corruption Agency Board of Film Censors Inspectors of Dangerous Drugs Malaysian Examinations Council, etc. Other Powers The King conferred certain powers in relation to Elections; certain powers in the field of Law and Order, certain functions in relation to relationship between Malaysia and other countries or international organizations; powers under some Acts of Parliament to make subsidiary legislation; extensive powers relating to the Armed Forces. He can summon submission of Reports by the Auditor General; cause statements to be laid before Parliament for evaluation on development funds, incorporation and establishment of a University; power to make minor amendments to existing laws in the University of Malaya Act; to confer honorary degree on foreign dignitaries; to appoint persons to University Court and University Council; to appoint Royal Professors. In Ministerial functions, The King can determine the functions, styles and titles of Ministers. He must approve disclosure of information by members of Service Commission. The King shall cause the statement of the estimated receipts and expenditure of the Federation to be laid before the House of Representatives.

He can proclaim an area or areas a development area after a recommendation from an expert committee and after consultation with the National Finance Council, the National Land Council and the Government of any State concerned. Honours and Awards In Malaysia, individuals or persons who have rendered distinguished service or made significant contributions to the Nation or State are bestowed with honours and awards from time to time. Those who made their contributions to the State will receive their honours and awards from the State Rulers or Governors. The King will bestow Federal Awards to those who have distinguished themselves for the nation or the country as a whole. In most cases, the honours and awards are presented in conjunction with the official birthday celebrations of the State Rulers, the State Governors, or The King. Investitures to confer Federal Awards are usually carried by The King in person, except in some cases where the Prime Minister will carry it out on behalf of His Majesty. This is in the case of honorary awards. The Federal Awards in the form of Orders, Decorations and Medals are classified into the following main groups: (a) Supreme Gallantry Decoration (b) Royal and Family Orders (c) Orders of Chivalry and other Decorations of Similar Standing (d) Federation Gallantry Decorations (e) Distinguished Conduct Medals (f) Meritorious Service Medals (g) Long Service Medals (h) Commemoration Medals