Perpetuity Of The Institution Of National Sovereignty

PERPETUITY OF THE INSTITUTION OF NATIONAL SOVEREIGNTY A special feature by Dr Rais Yatim (A special feature entitled "Perpetuity of the Institution of National Sovereignty" by Malaysian Information, Communications and Culture Minister Dr Rais Yatim in conjunction with the completion of the term of office of the 13th Malaysian King Tuanku Mizan Zainal Abidin.) Midday of Dec 12, 2011, will see the completion of the term of office of the 13th King, Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah. That day marks the completion of the reign of His Majesty as the constitutional monarch as provided for under the Federal Constitution. Article 32(3) of the Federal Constitution prescribes that "... the Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years ..." unless, of course, His Majesty resigns his office at any time during that period. Tuanku Mizan and the Queen, Tuanku Nur Zahirah, will attend a special farewell ceremony steeped in customs and tradition at 8.30 am on Dec 12 at the Parliament grounds, witnessed by the Prime Minister, Deputy Prime Minister, Cabinet Ministers, senior government officers, local dignitaries and foreign envoys, before proceeding to the Bunga Raya Complex of the KL International Airport (KLIA) for the final ceremony affectionately named "Lambaian Kasih" (Wave of Love). The event at KLIA will be similar to the ceremony organised by the then Culture, Arts and Heritage Ministry five years ago. The event, like the previous one, will be rich with the essence of culture and characteristics of the greatness of the Malay royalty of old. Over the past two months, various activities and events were held to mark the completion of the term of office of the Yang di-Pertuan Agong as the Head of State. Official visits, welfare events, a royal concert, a state banquet and other royal events have preceded the closing events of Dec 12, 2011. Just before noon on Dec 12, the 13th Yang di-Pertuan Agong, accompanied by various groups, including a Cabinet Minister and a senior civil service officer, will board a special aircraft flying the entourage of Tuanku Mizan and Tuanku Nur Zahirah to Kuala Terengganu, the capital of the east Malaysian state of Terengganu. The following day, Dec 13, 2011, the Sultan of the northern state of Kedah, Tuanku Abdul Halim Mu'adzam Shah Ibni Almarhum Sultan Badlishah, will fly out of Alor Setar in a special aircraft to KLIA to be sworn in as the 14th malaysian King at the new Istana Negara (National Palace). This will be the second time that Tuanku Abdul Halim will ascend the throne as King, the first time as the fifth King between Sept 21, 1970 and Sept 20, 1975. Many may still remember that Malaysia's first prime minister, Tunku Abdul Rahman Putra Al-Haj, stepped down on Sept 21, 1970, on the very date that Tuanku Abdul Halim became the King. Many quarters acknowledge that the coincidence of the dates was at the request of the Tunku himself, more so over the fact that his nephew was ascending the throne as the King besides the political developments and national issues then in the wake of the events of May 13, 1969. There is a Malay saying that every time there is a flood, the coastline changes. But in the national context, the change is only in the "sand on the beach" and not the coastline itself. The change is only in the individual ascending the throne as the 14th King. All the executive, legislative and judicial powers vested in the King are based on the Federal Constitution which has been in force since 1957, i.e. since independence. In 1963, after the formation of Malaysia, the powers of the King Agong were retained with several modifications to match current developments,including pre-1993 events when several articles of the Federal Constitution were amended. One of the major amendments enforced in 1993-1994 is that a King can be brought before a Special Court [Article 181(2)] over any criminal or civil offence in his personal capacity, provided the Attorney-General permits it. The King, as the constitutional monarch, shoulders a heavy and wide area of responsibility which has profound implications on the people or government administered in the name of His Majesty as the Head of State at the apex of the national administrative hierarchy. Article 32(2) provides for the Consort of King to be called the Raja Permaisuri Agong (Queen) and Her Majesty shall take precedence next after the Yang di-Pertuan Agong (King) over all other persons in the federation. The Raja Permaisuri Agong and any sitting sultan are also covered by certain legal immunity although not as before. Prior to 1993, the royalty had legal immunity from prosecution or civil suits. A Deputy Yang di-Pertuan Agong elected by the Conference of Rulers in accordance with Article 33 of the Federal Constitution shall exercise the functions and have the privileges of the Yang di-Pertuan Agong ... during any period when the Yang di-Pertuan Agong is unable to exercise the functions of His Majesty's office owing to illness, absence from the Federation or for any other cause, but the Deputy Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than 15 days, unless the Deputy Yang di-Pertuan Agong is satisfied that it is necessary or expedient to exercise such functions. The Yang di-Pertuan Agong shall discharge his functions and executive, legislative and judicial powers on the advice of the Cabinet which His Majesty appoints, including the appointment of the Prime Minister under Article 43 of the Federal Constitution. Although His Majesty should administer in accordance with advice as provided for in Article 40, His Majesty is fully empowered under Article 40(2) in giving or withholding consent to a request for the dissolution of Parliament for the purpose of a general election. His Majesty is the Supreme Commander of the Armed Forces (Article 41) and is empowered (upon the advice of the Cabinet) to take any action in relation to the Civil Service [Article 132(2)]. The Yang di-Pertuan Agong is also empowered to grant a pardon or reduce the penalty in the case of offences committed in the Federal Territories. The Yang di-Pertuan Agong is bestowed with Legislative Powers or the Federal legislative powers. The Malaysian Parliament, for instance, is in the name of the Yang di-Pertuan Agong, the Dewan Rakyat and the Dewan Negara. Without the Yang di-Pertuan Agong, these Legislative Chambers will have insufficient functions and powers. All Acts approved by Parliament should first be consented to by His Majesty although Article 66 spells out several conditions on the period allowable for His Majesty if he has objections for a bill to be turned into legislation. While members of the Dewan Rakyat are elected by the people, His Majesty (acting on advice) can appoint 40 members of the Dewan Negara (Article 45). Under Article 55, the Yang di-Pertuan Agong cannot allow Parliament to not sit for a period of six months from the date of the last sitting. If, during the period, Parliament fails to convene, His Majesty can dissolve it and order a general election to be held. The same article also provides for His Majesty's absolute power as the Head of Islam. Article 60 allows the Yang di-Pertuan Agong to address Parliament on matters pertaining to the nation. In terms of the Judiciary, the Yang di-Pertuan Agong is the appointing authority for judges of the High Court, Court of Appeal and the Federal Court. As is the norm, the judges are appointed by His Majesty upon the advice of the Prime Minister and after consulting the Conference of Rulers. The powers of the Yang di-Pertuan Agong over various other legislation are also part of His Majesty's official functions although, at the moment, many of the executive aspects and functions have now been streamlined with the powers of the executive, legislative and the judiciary. Not very well known is the fact that in exercising His Majesty's powers under Article 153 in safeguarding the special position of the Malays and the bumiputeras of Sabah and Sarawak, there is also an assurance that His Majesty cannot disregard the rights of the other communities, as stipulated in the phrase "and the legitimate interests of the other communities". This phrase is often left out in the articulation of and in speeches about the powers of the government and the monarch in safeguarding the rights of the people. This should be highlighted so that mindless criticism will not go on as though the government "could not care less" about the interests of the races in our country. Admittedly, the institution of the Yang di-Pertuan Agong and a large part of His Majesty's duties and functions have now lasted for 54 years, the same age as our country since independence. However, within what can be regarded as a relatively "young" age there exists the perpetuity of an age-old institution of monarchy. It dates back to the era of Demang Lebar Daun mentioned in the Malay Annals to the era of the Malay and Melaka sultanates, from then on until today -- the institution of the monarchy has become an integral part of Malay history and civilisation. Certain factions of society which have little regard for the institution of monarchy, although small in number, should accept the fact that the institution, if it functions well, can contribute towards the moulding of a progressive civilisation. The people of China and India and elsewhere may have abandoned their respective monarchy systems due to historical factors and human mobility. But, in Malaysia, the institution of monarchy, as in the case of Britain, Japan, Sweden and Denmark, has become permanent and is accepted by the people. The institution of monarchy may have its critics. But, we in Malaysia, labelled as a country with the most number of rulers, have proven that the Malaysian system of democracy has produced a reasonably diverse but mutually-balanced way of life. The Yang di-Pertuan Agong is the symbol of sovereignty of the nation and the Malaysian people. His Majesty is the element providing balance in terms of nationhood and administration, and which makes our beloved Malaysia. Your Majesty, Yang Di-Pertuan Agong Al-Wathiqu Billah Tuanku Mizan: Thank you, Your Majesty, for having successfully guided the country as the umbrella of the nation, who will now return to the throne in Terengganu. Your Majesty, Almu’tasimu Billahi Muhibuddin Sultan Abdul Halim, All Hail the King. It is with great joy that we welcome the appointment of Your Majesty as the 14th Yang Di-Pertuan Agong of Malaysia, and also for the second time. Hidup 1Malaysia! (Long Live 1Malaysia!). Rotan saga banyak dihulu Diikat raga di bawah persada Walau apapun akan berlaku Rakyat dan Raja berpisah tiada (Meaning that "whatever happens, the people and Rulers will not part") -- BERNAMA