SEPTEMBER 26 — In a beautiful and eloquent description of the Conference of Rulers, the country’s leading expert of constitutional law, Professor Dr Shad Faruqi wrote as follows:

“The mystique of the monarchy is best reflected in the unique institution of the Conference of Rulers. This august assembly dates back to July 1897 when it met for the first time in Kuala Kangsar, the citadel of the Sultan of Perak.

“Under the Federal Constitution, the Conference of Rulers has been invested with a number of critical constitutional functions, including veto power over some constitutional amendments, right to be consulted on some key government appointments and right to deliberate on national policies, including matters relating to Islam and Malay privileges.

“The conference has the great constitutional role of electing the Yang di-Pertuan Agong and the Timbalan Yang di-Pertuan Agong. It has the dramatic power to dismiss the King.

“If the King or a ruler is to be tried in a court under Article 182, the conference has the authority to appoint two out of the five judges on the Special Court. If the King or a Sultan or the consort of the King or a Sultan is found guilty in a court, the conference has the power to grant a pardon, reprieve, respite, remission, suspension or commutation of the sentence.”

The eminent Dr Shad then went on to explain the constitutional functions of the Conference of Rulers as are set out by Article 38(2) of the Federal Constitution, that is, on:

• election and dismissal of the Yang di-Pertuan Agong;
• legislative veto of federal legislation on several critical and sensitive issues such as the privileges, position, honours or dignities of the Rulers and alteration of the boundaries of a state;
• appointments of several critical federal posts such as judges of the superior courts, Auditor–General, and chairpersons and members of the Public Services Commission and the Election Commission;
• extension of any religious acts to the Federation as a whole;
• changes in policy relating to privileges of the Malays and the natives of Sabah and Sarawak;
• pardon;
• Special Court; and
• national policy.

Not listed above is succession as a ruler of a state.

Behold, Article 71 of the Federal Constitution guarantees the State Constitutions.

Under Clause (1), the Federation “shall guarantee the right of a Ruler of a State to succeed and to hold, enjoy and exercise the constitutional rights and privileges of Ruler of that State in accordance with the Constitution of that State; but any dispute as to the title to the succession as Ruler of any State shall be determined solely by such authorities and in such manner as may be provided by the Constitution of that State”. (Emphasis added)

Under Clause (2), the guarantee in Clause (1) extends “with the necessary modifications” to a Ruling Chief of Negeri Sembilan.

In other words, while the federal guarantee extends to a Ruling Chief, any dispute as to the succession as the State Ruler shall be determined solely by such authorities and in such manner as may be provided by the State Constitution – that is, the Undang-Undang Tubuh Kerajaan Negeri Sembilan (UUTKNS).

Accordingly, and with due respect, a notification to the Conference of Rulers of Tunku Nadzaruddin Tuanku Ja’afar’s selection as the State’s 12th Yang di-Pertuan Besar and therefore the only person with lawful authority to perform the functions of the Yang di-Pertuan Besar under the UUTKNS, including attending meetings of the Conference of Rulers, does not determine the succession to rulership of the State.

It is not a constitutional function of the Conference of Rulers to determine who between Tuanku Muhriz and Tunku Nadzruddin is the Yang di-Pertuan Besar.

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