NOVEMBER 14 — There appears to be quite a bit of confusion on the role and status of the monarchy — the Yang di-Pertuan Agong and the State Rulers — in relation to politics in the country. 

On one hand we hear politicians and NGOs saying the royalty cannot involve itself in political matters and on the other hand, this very same group tries to persuade their involvement.

Malaysia is a democracy with a constitutional monarch. In other words, the status and role of the royalty is defined and limited by the Constitution and laws are enacted there under. It is a feature of our political structure that we have the three arms of government namely the judiciary, the legislative and the executive and the constitutional monarchy. Royalty therefore, is generally never part of the government and hence not involved in nor empowered in the daily governance of the country. Malaysia adopts the English law convention that the constitutional monarch reigns and does not rule.

Our country, like most democracies, in the world is ruled by the people through elected representatives voted into parliament and state assemblies. These are all politicians who largely contest through political parties in a general election where the people get to select whom they want. It is in parliament and the state assemblies that laws and policies are debated and the future of the nation is moulded.

The Federal Constitution clearly provides that the Yang di-Pertuan Agong is the one who appoints the prime minister, Cabinet ministers and deputy ministers and can dismiss any of the ministers other than the prime minister (Article 43(5). The Yang di-Pertuan Agong himself is elected from among the nine hereditary state Rulers. The Federal Constitution gives a wide array of functions and discretionary powers to the Yang di-Pertuan Agong in relation to the executive, judiciary, Islam and government. However, one must not be misled to miss the point that the framework of the constitution is such that the Yang di-ertuan Agong is the head of state and not the head of government. At the end of the day, the Yang di-Pertuan Agong cannot go against the elected will of the people — the elected political government.

In the states, the State constitutions also define and limit the powers, and roles of the respective Rulers. 

However, different states have limitations on the extent to which Rulers can influence the political, religious and social life of the nation. Much of the exercise of the Ruler’s discretionary powers in the state have yet to be tested in the courts of law and we can probably say that the "stable situation” is still in a state of evolution. At the Federal Level, for example, in 1983, by several amendments to the Federal Constitution, the power of the Yang di-Pertuan Agong to override a bill passed by Parliament was curtailed.

Several amendments have been made in the Federal and even in the State Constitutions to further strengthen the "people’s government principle” by inserting clauses that define that Rulers are obliged to act on the advice of the executive. Such amendments tend to restore power back to the people as represented by Parliament and State Assemblies.

Royalty, generally are held in high esteem and respected by the people as the a political "umbrella” of the people. Political contests are left to the politicians to fight it out within the confines of the law of the land and the royalty is not expected to enter the fray. 

The Royalty is looked upon as the fountain of honour that reminds the people of various political, religious and cultural divergence that we are united Malaysians. This, I submit, is a sacred image of the royalty that should be protected and bringing them into the political arena may subvert this image.

In the nine states, the Rulers play an  important role as the head of Islam and in this regard I submit that they have a powerful and important role to play. They can be in the forefront to spread  the compassionate, rational and progressive face of Islam and assist in overcoming the increasing threat of extremism and sectarian disputes among Muslims. 

I believe this area has not been fully explored as to the potential contribution of the Rulers in maintaining Muslim and Malaysian unity especially with irresponsible politicians who abuse the name of Islam for political mileage.

I believe we have Rulers who have the welfare of their subjects at heart and quite a number have spoken up on various issues relevant to their respective subjects and to Malaysians in general. 

Other than matters relating to Islam, I would submit that Rulers have a moral duty to advise and share their views with their subjects. However, in a parliamentary democracy where the government is "ruled” by the people, an exercise of wisdom in drawing a line between "pure politics” and what is in the interest of the subjects is advisory.

* Jahaberdeen Mohamed Yunoos is a senior lawyer and founder of Rapera, a movement which encourages thinking and compassionate citizens. He can be reached at rapera.jay@gmail.com.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.