ARTICLE 4(1) of the federal constitution states that the constitution is the supreme law of the federation of Malaysia.

Article 32(1) of the federal constitution states that there shall be a supreme head of the federation of Malaysia, to be called the Yang di-Pertuan Agong.

Article 32(3) of the federal constitution states that the Agong shall be elected by the Conference of Rulers for a term of five years.

Article 38(1) of the federal constitution states that there shall be a Majlis Raja-Raja (Conference of Rulers) which shall be constituted in accordance with the fifth schedule to the federal constitution.

Article 38(5) of the federal constitution states that the Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made.

Article 153(1) of the federal constitution states that it shall be the responsibility of the Agong to safeguard:

i) the special position of the Malays and natives of any of the states of Sabah and Sarawak, and

ii) the legitimate interest of other communities, in accordance with the provisions of this Article 153.

Article 153(2) of the federal constitution states the Agong shall exercise his functions under this constitution and federal law in such a manner as may be necessary to:

i) safeguard the special positions of the Malays and natives of any of the states of Sabah and Sarawak, and

ii) ensure the reservation for Malays and natives of any of the states of Sabah and Sarawak of such proportion as he may deem reasonable of:

a) positions in the public service, and

b) scholarships and other similar educational or training privileges or special facilities given by the federal government, and

c) permits and licences for the operation of any trade or business required by federal law.

Article 153(3) of the federal constitution states that the Agong, in ensuring the reservations of quotas as stated in Article 153(2), may give such general directions as may be required for that purpose to (i) any public service commission which is applicable, or (ii) any authority charged with the responsibility for the grant of scholarships and other similar educational or training privileges or special facilities, and the commission and authority shall duly comply with the directions.

One would notice the word “shall “ appearing on all of the articles of the federal constitution discussed above. The federal constitution, being the highest law of the land, has guaranteed that it is the responsibility of the Agong to safeguard the special position of the Malays, and that before any change in policy affecting administrative action under Article 153 is made, the Conference of Rulers shall be consulted.

There is a constitutional safeguard to all these rights and the Agong has no cause for concern.

As you can see, it is the federal constitution that has given birth to the offices of the Agong and the Conference of Rulers, and all the responsibilities and rights that come with them. No one can take away from the Agong or the Conference of Rulers what the federal constitution has given. – June 11, 2018.

* Puthan Perumal is an advocate and solicitor of the High Court of Malaya.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.