Can the Conference of Rulers deliberate on the AG's appointment? — Puthan Perumal

JUNE 4 — The Malay Rulers will deliberate on the appointment of the new Attorney-General tomorrow.

“By Royal Command, letters of invitation to their Royal Highnesses have been issued by the Keeper of the Rulers’ Seal on June 1 to delibe¬rate on this matter at Istana Negara on June 5,” said Keeper of the Rulers’ Seal Tan Sri Syed Danial Syed Ahmad in a statement.

The question is: can the Conference of Rulers deliberate on this matter in the first place?

Article 38(2) of the Federal Constitution authorises the Conference of Rulers to, amongst others, deliberate on questions of national policy (for example changes in immigration policy) and  any other matter that it thinks fit.

Article 38(3) of the Federal Constitution states that when the conference deliberates on matters of national policy , the Yang di-Pertuan Agong is accompanied by the prime minister and the rulers and governors are accompanied by their menteris besar and chief ministers, respectively.

This  means that when the conference is deliberating on ‘any other matter that it thinks fit’ (as stated in Article 38(2)), they can do so on their own and in their wisdom.

The words ‘any  other  matter  that  it  thinks  fit’ suggest that the conference is empowered to deliberate on a myriad of circumstances which in their wisdom seems  important to the country as a whole. These myriad of circumstances are never closed. Whether a particular bill should be passed is a good example.

However, it is humbly submitted that it does not  include a deliberation on who should be the Attorney-General.

This is because the YDPA is bound by Article 145 (1) of the Federal Constitution, because of the word 'shall' appearing therein,  to act on the advice of the Prime Minister, and not the Conference of Rulers, in the appointment of the Attorney-General.

It is not sure whether the current delay in the appointment of the new Attorney-General is because the YDPA is having his differing views or because the Conference of Rulers are having differing views on the choice of the Prime Minister as the Attorney-General.

Whatever be the reason, with all due respect, it is not something for the YDPA or the Conference of Rulers to deliberate on.

* This is the personal opinion of the writer and does necessarily represent the views of Malay Mail.