Election of His Majesty the Yang di-Pertuan Agong

Malaysia is not an absolute or hereditary monarchy but its monarch, the Yang di-Pertuan Agong, reigns for a term of five years according to a system that is unique in the world. His Majesty is elected by the Conference of Rulers according to the method and manner prescribed in the Third Schedule of the Constitution and Regulations of the Conference of Rulers.

Qualifications

The eligibility criteria for the appointment of a ruler as the Yang di-Pertuan Agong by the Conference of Rulers are as follows:-

• Only a ruler may be elected if he consents to be elected;
• Only the rulers are allowed to vote;
• If a ruler is unable to attend the Election Meeting, he may appoint another ruler as proxy to cast his vote;
• Normally, the selection follows an order based on the seniority of each ruler in terms of length of reign. This rule no longer applies after all state rulers have taken their turn as the Yang di-Pertuan Agong. The first cycle ended with the appointment of His Royal Highness the Sultan of Perak as the IX Yang di-Pertuan Agong;
• A newly restructured list is currently in place, which is based on the seniority of the state whose ruler has held the office of the Yang di-Pertuan Agong (the first to the ninth) in accordance with the Third Schedule of the Federal Constitution.

Unqualified Candidates

The Constitution provides that a ruler is qualified to be elected as the Yang di-Pertuan Agong unless:-

• The ruler is a minor;
• The ruler has notified the Keeper of the Rulers’ Seal that he does not desire to be elected; or
• The Conference of Rulers resolves by secret ballot that a ruler is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of the Yang di-Pertuan Agong. This provision requires the vote of at least five members of the Conference of Rulers.

Steps Prior To Elections

• Obtain consent for the date of the Election Meeting
• If vacancies occur in the offices of the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong, the election shall not be later than four weeks from the dates when the offices fall vacant; and
• The Keeper of the Rulers’ Seal shall seek the consent of each ruler to be nominated for election as the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong

Note

The ruler who does not desire to be elected shall notify the Keeper of the Rulers’ Seal in writing and the state shall be transferred to the end of the nomination list.

Election Proceedings

When the Conference of Rulers convenes to select the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong, the Yang Dipertua Negeri (governors) shall not be present although they are members of the Conference. The election is carried out by a secret ballot using unnumbered ballot papers but marked with the same pen and ink. The ballot papers are then inserted into the ballot box. As soon as the result of the election is announced, the ballot papers are destroyed (burned/shredded) in the presence of the rulers.

Election Procedure
The ruler with the shortest reign, who is not listed as a candidate for the office of the Yang di-Pertuan Agong or the Timbalan Yang di-Pertuan Agong, is appointed to count the ballot papers together with the Keeper of the Rulers’ Seal. In the Election Meeting, only the rulers, the Keeper of the Rulers’ Seal, and the Assistant Secretary to the Conference of Rulers are involved in the election process

Election Process

During the election process, the Keeper of the Rulers’ Seal distributes the ballot paper with only one candidate and each ruler is requested to indicate whether the candidate is suitable or not to be elected as the Yang di-Pertuan Agong. The nominee must obtain a majority of five votes before the ruler presiding over the Election Meeting offers him the office of the Yang di-Pertuan Agong. If the successful nominee declines the offer or the nominated ruler fails to obtain the required majority votes, the voting process is repeated with the nomination of the second most senior ruler in the seniority list of rulers. The process is completed only after the ruler has accepted the offer of office of the Yang di-Pertuan Agong. The Conference then declares the ruler as the Yang di-Pertuan Agong to hold office for a term of five years. (Sample of ballot paper in the election of the Yang di-Pertuan Agong)

Office of the Timbalan Yang di-Pertuan Agong

The office of the Timbalan Yang di-Pertuan Agong is no less important but because this position is overshadowed by the office of the Yang di-Pertuan Agong, the institution and office holder is generally less known by the public. The Timbalan Yang di-Pertuan Agong is more commonly known as the ruler of his state rather than as the Timbalan Yang di-Pertuan Agong. The Timbalan Yang di-Pertuan Agong exercises the functions of the head of federation during the Yang di-Pertuan Agong's absence or inability to exercise the functions of his office owing to illness or infirmity.

Moreover, the Constitution does not give the position higher status than that of the other rulers. As such, the position of the ruler who holds the office of the Timbalan Yang di-Pertuan Agong shall not be considered higher than that of the other rulers. The current Timbalan Yang di-Pertuan Agong is His Majesty Sultan Muhammad V. The office of the Timbalan Yang di-Pertuan Agong is provided for in Article 33 of the Federal Constitution.

The Need for the Timbalan Yang di-Pertuan Agong

The establishment of the office of the Timbalan Yang di-Pertuan Agong is not an unusual practice. There are several reasons for it. The Timbalan Yang di-Pertuan Agong will assume the duties of the Yang di-Pertuan Agong during any period in which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the country when making state visits to foreign countries, and in the event of death in office. This occurred during the reigns of the first, second and eleventh Yang di-Pertuan Agong.

The Yang di-Pertuan Agong may also be unable to exercise the functions of his office owing to other causes. Under these circumstances, the presence of the Timbalan Yang di-Pertuan Agong, whose functions are clearly defined in the Federal Constitution, will help mitigate any potential problems.

Election Process of the Timbalan Yang di-Pertuan Agong

After the election of the Yang di-Pertuan Agong, the Timbalan Yang di-Pertuan Agong is elected by the same process as that for the Yang di-Pertuan Agong. (Sample of ballot paper in the election of the Timbalan Yang di-Pertuan Agong)

Post-Election

After the election of the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong, the Keeper of the Rulers’ Seal will make known the results of the elections in writing to the Senate, the House of Representatives and the Prime Minister. The Prime Minister will then issue a press release on the results of the elections of the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong who may only carry out their official functions after signing the oaths of office in a ceremony before the Conference of Rulers in the presence of the Chief Justice of the Federal Court, with two rulers appointed by the Conference of Rulers signing as witnesses.

Oaths of Office of the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong

According to Article 37 (1) of the Federal Constitution, the Yang di-Pertuan Agong shall, before exercising his functions, take and subscribe the oath of office. The oath of office must be signed before the Conference of Rulers with two rulers as witnesses and in the presence of the Chief Justice of the Federal Court. In the event that the Chief Justice of the Federal Court is unable to attend, the next senior judge of the Federal Court shall take his place. The oath of office must also be signed by the two rulers appointed for that purpose by the Conference of Rulers. (Sample of Oath of Office of the Yang di-Pertuan Agong)

According to Article 37 (2) of the Federal Constitution, the Timbalan Yang di-Pertuan Agong shall, before exercising his functions, other than the functions exercisable for the purpose of convening the Conference of Rulers, take and subscribe the oath of office. The oath of office must be signed before the Conference of Rulers and in the presence of the Chief Justice of the Federal Court. In the event that the Chief Justice of the Federal Court is unable to attend, the next senior judge of the Federal Court shall take his place. (Sample of Oath of Office of the Timbalan Yang di-Pertuan Agong)