Introduction

The Conference of Rulers was officially established in 1948, the year the Federation of Malaya was established. Prior to the era of the Malayan Union between 01.04.1946 and 31.01.1948, the nine Malay States and two Straits Settlements were under the administration of a British Governor. Singapore, also a Straits Settlement, was separated as a British Crown Colony. The Malayan Union was the successor to the British Military Administration. The British Military Administration (September 1945-April 1946) was the interim administration after the defeat of Japan, which invaded the country from late 1941 to September 1945.

Before that, between 1896 and 1941, the states in the peninsula were governed separately, i.e. five states comprising Kedah, Perlis, Kelantan, Terengganu and Johor formed the Unfederated Malay States and four states comprising Pahang, Perak, Selangor and Negeri Sembilan formed the Federated Malay States. The three states of Penang, Melaka and Singapore formed the Straits Settlements.

The Federated Malay States organised the durbar, a forum jointly organised by the rulers and the British administrators that met from time to time. The durbar is the precursor to the present Conference of Rulers.

Position of the Conference of Rulers in the Government of Malaysia

Functions

The Conference of Rulers is not only supreme but also unique as it is the only such institution in the world. After the country gained independence, the Conference of Rulers was established in accordance with Article 38 of the Federal Constitution. The functions and duties of the Conference of Rulers as provided in Federal Constitution are as follows:-

• Electing, in accordance with the provisions of the Third Schedule, the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong;
• Agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;
• Consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference;
• Appointing members of the Special Court under Clause (1) of Article 182;
• Granting pardons, reprieves and respites, or remitting, suspending or commuting sentences under Clause (12) of Article 42

and may deliberate on matters of national policy (for example changes in immigration policy) and any other matter that it deems fit.

When the Conference deliberates on matters of national policy, the Yang di-Pertuan Agong shall be accompanied by the Prime Minister, and the other rulers and the Yang di-Pertua Negeri by their Chief Ministers.

No law directly affecting the privileges, position, honours or dignities of the rulers shall be passed without the consent of the Conference of Rulers.

The Conference of Rulers shall be consulted before any change is made to the policy affecting administrative action under Article 153 (on the special position of the Malays, the Bumiputera and the legitimate interests of other communities).

The Conference of Rulers also appoints:

• a representative to sit on the Armed Forces Council pursuant to Article 137 of the Federal Constitution.
• a representative to sit on the Board of Governors of Dewan Bahasa & Pustaka in accordance with the relevant act.

Discretionary Powers of the Conference of Rulers

As members of the Conference of Rulers, the rulers are conferred discretionary powers in matters pertaining to the following duties:-

• Election or removal of the Yang di-Pertuan Agong or the Timbalan Yang di-Pertuan Agong;
• Advice on critical appointments under the Constitution;
• Consent or withholding of consent to any law altering the boundaries of a state or affecting the privileges, position, honours and dignities of the Rulers;
• Agreement or disagreement to the extension of any religious acts, observances or ceremonies to the Federation as a whole;
• Appointment of members of the Special Court under Clause (1) of Article 182; or
• Granting of pardons, reprieves and respites, or of remission, suspension or commuting of sentences under Clause (12) of Article 42.

Conference of Rulers Meeting

All the rulers and the Yang di-Pertua Negeri shall automatically become members of the Conference of Rulers. Attendance is essential. If for some unavoidable reason a member is unable to attend, then a representative shall be appointed by the member concerned in accordance with the provisions of the state law/constitution.

The Yang di-Pertua Negeri do not participate when the Conference of Rulers meets to decide on matters pertaining to the election or removal of the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong and those pertaining to the privileges of the Malay rulers.

The Yang di-Pertuan Agong is not a member of the Conference of Rulers but attends the meetings as the head of state, accompanied by the Prime Minister as his advisor.

Chairman

Every meeting of the Conference of Rulers is chaired by one of the nine Malay rulers, who is appointed in rotation. Only a reigning Malay ruler may preside over the meeting, not a regent or the Yang di-Pertua Negeri.

Frequency of Meetings

The Conference of Rulers generally meets three times a year. Nevertheless, the Keeper of the Rulers’ Seal may convene a meeting of the Conference of Rulers when required to do so by the Yang di-Pertuan Agong or by at least three members of the Conference. Meetings will also be convened not later than four weeks before the end of the 5-year term of office of the Yang di-Pertuan Agong, or whenever there is a vacancy in the office of either the Yang di-Pertuan Agong or the Timbalan Yang di-Pertuan Agong.

Advisor

The Menteri Besar and Chief Ministers of the states in attendance shall serve as advisers to Their Royal Highnesses the rulers and Their Excellencies the Yang di-Pertua Negeri

Secretary

As provided in the Fifth Schedule [Article 38] of the Federal Constitution, the person appointed by the Conference of Rulers as the Keeper of the Rulers’ Seal shall act as the Secretary to the Conference of Rulers.

Meeting Venue

The Conference generally meets at the National Palace (Istana Negara) or at other venues as agreed by the Conference.

Secretariat

The Office of the Keeper of the Rulers’ Seal shall serve as the Secretariat to the Conference of Rulers.