His Majesty Seri Paduka Baginda Yang di-Pertuan Agong Sultan Mizan Zainal Abidin signing Letter of Oath at the Oath Taking Ceremony as the 13th Yang di-Pertuan Agong on 13 December 2006.
HEAD OF STATE AND RULERS OF THE STATES
The office of the King is not hereditary. Malaysia practices a system of government based on Constitutional Monarchy and Parliamentary Democracy at two levels, Federal and State levels. At the Federal level the head of State is the King and the head of government is the Prime Minister. At the state level the head (Ruler) of State is either the Sultan, Raja, or Yang di-Pertuan Besar, and the Yang di-Pertua Negeri is the head of State where there are no Rulers: the Chief Ministers (Menteri Besar/Ketua Menteri) are the heads of government.
CONFERENCE OF RULERS
In accordance with the Malaysian Constitution, the power to elect and appoint the Yang di-Pertuan Agong is vested with the Conference of Rulers. In the federation system of government (as practiced in Malaysia) where a number of state Rulers are involved, a council known as the Conference of Rulers, was instituted under Article 38 of the Federal Constitution to serve as a forum for the Rulers and Governors (Yang Dipertua Negeri) to meet and deliberate. On certain matters the Federal Constitution provides that the government seek advice from the Conference of Rulers.
GOVERNMENT’S ADVICE
The monarchy is seen as a symbol of power, authority, and government. It is embodiment of strength, protection and justice for the people and personifies their love and loyalty towards the country. In countries, which practice parliamentary democracy and constitutional monarchy, the power of the people is conveyed through Parliament which in turn delegates its executive power to the Cabinet. In Malaysia, whatever action is taken by an authority is executed in the name of the Yang di-Pertuan Agong who acts on the advice of the Government.
His Majesty Seri Paduka Baginda Al-Wathiqu Billah Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah is holding the official keris at the Installation Ceremony of the XIII Yang di-Pertuan Agong on 26 April 2007 at the Istana Negara.
Article 32(1) of the Federal Constitution provides that there shall be a Supreme Head of the Federation to be called the Yang di-Pertuan Agong. His Majesty shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court except in the Special Court established under Part XV (Articles 182 and 183). The Constitution also provides that the Raja Permaisuri Agong shall take precedence next after the Yang di-Pertuan Agong. As the Head of State, His Majesty has wide powers as provided for in the Constitution. His Majesty has the prescribed roles and functions in the three branches of government, namely, the Executive, the Legislative and the Judiciary.
The Status Of The Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong Under Malaysian Constitution
His Majesty Seri Paduka Baginda Al-Wathiqu Billah Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah kissing the Holy Quran in conjunction with his installation as the XIII Yang di-Pertuan Agong on 26 April 2007 at the Istana Negara.
Article 32 of the Federal Constitution provides the status of the Yang di-Pertuan Agong and Raja Permaisuri Agong as follows:
"32. Supreme Head of the Federation, and his Consort
(1) 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 and shall not be liable to any proceedings in any court except in the Special Court established under Part XV.
(2) 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 .
(3) The Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or shall be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.
(4) The provisions of Part I and III of the Third Schedule shall apply to the election and removal of the Yang di-Pertuan Agong".
Article 33 of the Federal Constitution provides for the status of the Timbalan Yang di-Pertuan Agong as follows:
"33. Deputy Supreme Head of the Federation
(1) There shall be a Deputy Supreme Head of the Federation (to be called the Timbalan Yang di-Pertuan Agong) who shall exercise the functions and have the privileges of the Yang di-Pertuan Agong during any vacancy in the office of the Yang di-Pertuan Agong and during any period during which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or any other cause, but the Timbalan Yang di-Pertuan Agong shall not exercise these functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days, unless the Timbalan Yang di-Pertuan Agong is satisfied that it is necessary or expedient to exercise such functions.
(2) The Timbalan Yang di-Pertuan Agong shall be elected by the Conference of Rulers for a term of five years, or if elected during the term for which the Yang di-Pertuan Agong was elected, for the remainder of that term, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers and shall cease to hold office on ceasing to be a Ruler.
(3) If during the term for which the Timblan Yang di-Pertuan Agong was elected a vacancy occurs in the office of the Yang di-Pertuan Agong, his term shall expire on the cessation of the vacancy.
(4) The provisions of Part II of the Third Schedule shall apply to the election of the Timbalan Yang di-Pertuan Agong.
(5) Parliament may by law provide for the exercise by a Ruler of the functions of the Yang di-Pertuan Agong in cases where those functions would under Clause (1) fall to be exercised by the Timbalan Yang di-Pertuan Agong but cannot be so exercised owing to a vacancy in the office of the Yang di-Pertuan Agong or to his illness, absence from the Federation or to any other cause; but such a law shall not be passed without the consent of the Conference of Rulers.
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