constitutional monarchy: a legacy of a nation (ongoing)

With the on-going advent of democracy and the will to speak without heavy repercussions, the idea of having a royal monarch to maintain absolute authority over a land is seen as a thing of the past by the people of today. Even if this were to be the case in most countries, Malaysia had stood out from the rest by allowing remnants of this ancient tradition to survive by including details of its preservation and status within the chambers of the first constitution of the country, otherwise known as the Federal Constitution of Malaya. The concept of a constitutional monarchy goes far back into the Bronze Age, when there were an ancient group of Anatolian people called the Hittites. The royal leader of this group would share their authority with the Panku, the then-equivalent to a deliberative assembly or a legislature. In a constitutional monarchy, the constitutional monarchs are bound to exercise their powers within the limits dictated in the Constitution.

While a government can legally operate the country in the monarch's name, the monarch is legally bound to not choose "sides" in the country’s political landscape, due to its fragile position. According to political scientist Vernon Bogdanor, the constitutional monarch can be defined as a "sovereign who reigns but does not rule." This is in reference to the country's sovereign authority being in shackles under the weight of the Constitution, where the only visible power they can exert is to be a symbol of national unity among the people of the country. The formation of the present-day constitutional monarchy was triggered after the independence of the Federation of Malaya from the British Empire in 1957. The current sovereign, otherwise known as the Yang di-Pertuan Agong (YDPA) in formal terms, has a number of roles to play as an independent ruler of the Malaysian nation.

The Federal Constitution of Malaya defines the extent of the Yang di-Pertuan Agong’s powers as head of state, along with the extents of his ability to exert them at will. The discretionary powers of the Yang di-Pertuan Agong pertains chiefly to appointing individuals to high-ranking offices in the Federation, dissolving the parliament and calling meetings with the Conference of Rulers, as long as it is "concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses." These discretionary powers are empowered by the Constitution in such a way that the monarch will not be able to use their powers to impede ongoing formal or legal procedures. In addition, the Constitution also makes sure that the monarch will not be able to execute these powers whenever they want to, if there is no political or official crisis going on that endangers the wellbeing of the nation.

As the Parliament of Malaysia and the Constitution (as a whole) is based on the Westminster system of the United Kingdom, the Yang di-Pertuan Agong is expected to appoint an individual to become the Prime Minister of Malaysia. This individual must command the confidence of a majority of the elected lower house of Parliament, the Dewan Rakyat. This is one of the discretionary powers of the country’s sovereign who can appoint individuals to high-ranking offices in the Federation under legal discretion and procedures. Besides appointing the Prime Minister, the Yang di-Pertuan Agong can also appoint individuals to other high-ranking offices such as the position of the Attorney General of Malaysia, who is the principal legal advisor to the Government of Malaysia and the country’s highest ranking public prosecutor.

In addition, the Yang di-Pertuan Agong is the Head of Islam in the four states ruled by appointed Governors, in the three Federal Territories, as well as in his own state. In this role, he is advised by the State Islamic Affairs Council in each of the States. The Yang di-Pertuan Agong appoints the chairman and members of each council. He also appoints the State Mufti in each of these states. There is a single Islamic Affairs Council with jurisdiction for the three Federal Territories. This council is also appointed by the Yang di-Pertuan Agong.

By Article 41 of the Federal Constitution, the Yang di-Pertuan Agong is Commander-in-Chief of the Federation's Armed Forces. As such, he is the highest-ranking officer in the military chain of command. As the Supreme Commander of the Malaysian Armed Forces, the Yang di-Pertuan Agong appoints the Chief of Defence Forces, on the advice of the Armed Forces Council. He also appoints the service heads of each of the three branches of the military forces.

Malaysia is unique because it is one of only two countries worldwide (alongside Cambodia) that have elective monarchies, wherein a ruler is periodically selected by a small electoral college. Every five years or when there is a sudden passing of the current Yang di-Pertuan Agong, the Conference of Rulers or Durbar hold a private ballot among themselves according to the method and manner prescribed in the Third Schedule of the Constitution and Regulations of the Conference of Rulers to elect the next ruler. Among the factors considered when selecting a new Yang di-Pertuan Agong is the health, both mental and physical, of the candidate, and his willingness to assume the post. The candidate must receive the support of at least five other rulers and cannot hold the position for two consecutive terms. The Yang di-Pertuan Agong is chosen among the Yang di-Pertuan Besar of Negeri Sembilan, the Raja of Perlis, the Sultan of Selangor, 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. Although the members of the Conference of Rulers include the four Yang di-Pertua Negeri or governors from the states of Sarawak, Sabah, Malacca and Penang, only the royal rulers are allowed to vote or stand for election as the King. The position has to date been de facto rotated initially based on seniority. This custom, however, is no longer followed as all Rulers of the nine states of the country have all had their turns to become King.

This is not unlike what goes on in Negeri Sembilan itself, where the ruling chiefs of the leaks of Sungai Ujong, Johol, Jelebu and Rembau take turns to be the Yang di-Pertuan Besar. Coincidentally, Negeri Sembilan Ruler Tuanku Abdul Rahman ibni Almarhum Tuanku Muhammad was the country’s first Yang di-Pertuan Agong, reigning from Aug 31, 1957, until his death in office on April 1, 1960.

It should be noted that most forms of government would usually have its boon and bane, but a constitutional monarchy brings more good than harm in ensuring the progress of Malaysia as a united nation. For one, a constitutional monarchy creates a system of checks and balances that prevents one governing body or individual from obtaining too much power. The king serves as a symbolic and non-political head of state, while the political power and decision-making lie on the parliament. This makes it necessary for compromise and negotiation to be part of the legislative process. It also encourages a more cohesive form of government as the Prime Minister and advisers are there to guide the monarch in making governing choices. The monarch still has three political rights, which are the right to be consulted, the right to be advised, and the right to warn. And the parliament isn’t necessarily free to do whatever they want because the monarch can hold formal powers. These can include dissolving the parliament or giving Royal Assent to the legislation.

Aside from a political role, the Yang di-Pertuan Agong provides a sense of history, culture, and tradition to the people and can act as a visible symbol of unity. Malayan monarchies have been an essential part of Malay history. The kings and queens of the past and present are an integral part of Malaysia’s identity for countries that have embraced this form of government. Being interested in a royal family is more than “pop culture.” It is a way to feel connected with other people, express patriotism, and take pride in who that person is and what they do.

One of the biggest threats to a government isn’t from foreign enemies. It comes from domestic dissent. Since 2010, there have been more than thirty coups and attempted coups of governments around the world. By having a constitutional monarchy in place, there is an enhanced level of security for the general population because there are fewer opportunities to create a domestic uprising against the government. It is a government for the people, and that makes it easier for the people to support the government, even if they disagree with what it is doing.

The goal of the Yang di-Pertuan Agong in a constitutional monarchy is to stay neutral. His job isn’t to make the head of the government look tremendous or look bad. He gets out of the way of most political processes to focus on building up the reputation of the country instead. At the same time, he often has powers kept in reserve that can prevent politics from going to extremes. If the Yang di-Pertuan Agong doesn’t like the approach being taken, then one conversation may be all that is required to make needed changes.

In a constitutional monarchy, elections are still held on a regular basis. This is the case in Malaysia as per the recent 14th General Elections. That gives the people a chance to express a need for change should they wish it. Thus, political change is always possible, like how the Pakatan Harapan party successfully replaced the National Front which governed from 1968 up to 2018 on a majority vote basis.

The National Monarchy has an intricate system complemented with an intertwined history within the decades-old ever-changing political situation of Malaysia influenced by the transitional changes in power from the colonial Great British Empire to an independent state of Malaysia in 1968. It holds a place for the Yang di-Pertuan Agong as the Head of State who plays a significant role himself in upholding the position of the monarchy in Malaysia’s government. Without the monarchy and the monarch himself, it would be far from likely that we would be blessed as a united nation full of safe and peaceful progress.