Democratic transition in selection of the head of state

FARAH SHAZWANI ALI
27 Oct 2023 09:51am
Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah (right) with the Sultan of Johor Sultan Ibrahim Almarhum Sultan Iskandar (left) at the 262nd Meeting of the Council of Rulers held at Istana Negara on Thursday.- Photo by Bernama
Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah (right) with the Sultan of Johor Sultan Ibrahim Almarhum Sultan Iskandar (left) at the 262nd Meeting of the Council of Rulers held at Istana Negara on Thursday.- Photo by Bernama
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SHAH ALAM - The election of the Yang di-Pertuan Agong for the 17th time demonstrates a democratic transition process of the Malay rulers in the monarchy system for the selection of the head of state.

Constitutional expert from the Universiti Teknologi Malaysia (UTM) Associate Professor Dr Muhammad Fathi Yusof said this process also showed the stability of Malaysia's administration system, making it the only country in the world to practice this method.

He said the election of the Yang di-Pertuan Agong also ensured the continuity and respect of the institution that served as a shield for the people and the country, without any disputes.

"As stated in the Federal Constitution regarding the position of the Yang di-Pertuan Agong under Article 32 and the appointment of the Agong, the selection method is actually based on a vote made among the Sultans or Malay rulers.

"This provision is stipulated under the Third Schedule of the Federal Constitution, where the vote is based on a secret ballot.

"Initially, the vote was conducted after independence following the seniority of the Sultan, that is, the one who held the position or throne for a longer time. It took place in the first round," he said when contacted by Sinar, yesterday.

However, Fathi explained that in the second round, the appointment of the Yang di-Pertuan Agong was essentially based on the order of the first round.

The order has never changed

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So far, he said there have been no changes, even from a legislative perspective; it was based on the vote.

"This means that the Malay rulers make their selection based on the relevant criteria and it remains that way. If this method continues, it is expected that after this, Sultan of Johor, Sultan Ibrahim Sultan Iskandar, will be appointed as the Yang di-Pertuan Agong," he said adding that the next in line according to the rotation would be Sultan of Perak, Sultan Nazrin Muizzuddin Shah.

He said in the history of the appointment of the Yang di-Pertuan Agong, most of them held the position until the end of their term, except for two of them.

The two, he said were Sultan of Selangor, Sultan Hisamuddin Alam Shah (the second Yang di-Pertuan Agong) who passed away during his reign, while Sultan of Kelantan, Sultan Muhammad V resigned as the 15th Yang di-Pertuan Agong.

Asked about the possibility of a different vote outcome from the rotation system, he said in such situation, the vote outcome would be accepted.

However, based on past practices, the rotation system was being adhered to and there has never been a difference between the first and second rounds.

"In terms of the process, the ballot papers used are unnumbered and marked with the same pen and ink before being placed in the ballot box.

"Only the Malay rulers, Keeper of the Rulers Seal, Assistant Secretary of the Conference of Rulers are involved in the selection process. One ruler can vote for another ruler as a proxy, which means that they can vote on behalf of the absent ruler at the Selection Meeting," he said.

He added that there were some countries with a presidential institution as the head of the Cabinet, led by a Prime Minister.

However, they faced challenges because the appointment of the president usually came from those with a political background.