Tuesday, July 27, 2021

Proclamation of Constitutional Principles

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Proclamation dated July 4, 1992, and made by us:

DYMM SPB Yang di Pertuan Agong IX Sultan Azlan Shah ibni Almarhum Sultan Yussuf Izzuddin Ghafarullahu-Lahu Shah; DYMM Tuanku Syed Putra ibni Almarhum Syed Hassan Jamalullail, Raja Perlis Indera Kayangan; DYMM Sultan Salahuddin Abdul Aziz Shah Alhaj ibni Almarhum Sultan Hisamuddin Alam Shah Alhaj, Sultan Selangor Darul Ehsan; DYMM Tuanku Ja’afar ibni Almarhum Tuanku Abdul Rahman, Yang diPertuan Besar Negri Sembilan Darul Khusus; DYMM Sultan Haji Ahmad Shah Al-Musta’in Billah ibni Almarhum Sultan Abu Bakar Ri’ayatuddin Al-Mu’adzam Shah, Sultan Pahang Darul Makmur; DYMM Sultan Mahmud Al-Muktafi Billah Shah ibni Almarhum Tuanku Al Sultan Ismail Nasiruddin Shah, Sultan Terengganu Darul Iman; and KDYMM Raja Nazrin Shah ibni Sultan Azlan Muhibbuddin Shah, Pemangku Raja Perak Darul Ridzuan.

Whereas by Article 71 of the Federal Constitution it is provided inter alia that 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 Rulers of that State in accordance with the Constitution of that State;

And whereas by Article 181 of the Federal Constitution the sovereignty, prerogatives, powers and jurisdiction of the Rulers within their respective territories as hitherto had and enjoyed shall, subject to the provisions of the said Constitution, remain unaffected;

And whereas we are desirous that at all times the Constitution and the laws of Malaysia are upheld in the nation by all persons;

And whereas we subscribe to the principles of the rule of law;

And whereas to avoid any misinterpretation as to the nature and extent of their sovereignty, prerogatives, powers and jurisdiction;

Now, therefore, we hereby make the following proclamation on the nature and extent of such prerogatives and powers:

1. Involvement in politics

1.1. In accordance with established practice and convention, we are not directly or indirectly involved in party politics.

2. Appointment of Menteri Besar

2.1. In accordance with the State Constitution, we shall accept the nomination of a person who commands the confidence of the majority of the members of the Legislative Assembly as the Menteri Besar.

2.2. Where no party has a clear majority in the Legislative Assembly, we shall exercise our own discretion in such appointment in accordance with accepted constitutional principles.

2.3. When we have any reservation as to the suitability of any person nominated as Menteri Besar, we may refer the nomination for reconsideration by the leader of the appropriate party for a final decision.

3. Appointment of State Executive Council Members

3.1. We accept that the appointment of members of the State Executive Council is made on the advice of the Menteri Besar alone and that in accordance with the State Constitution, we shall approve such appointments.

4. Acting on advice

4.1. We shall, in accordance with the general principle provided in each State Constitution, act on the advice of the State Executive Council or of the Menteri Besar.

4.2. We recognise that in accordance with established constitutional practice, the terms “acting on advice” or “Ruler in Council” and other similar terms mean that we shall accept the advice of the Government of the State as tendered by the Menteri Besar and the State Executive Council.

4.3. In accordance with established constitutional practice, we shall have the right to be consulted, the right to encourage and the right to caution the Government.

4.4. In furtherance of our right to request any information concerning the Government of the State as provided for in each State Constitution, we shall have the right to be briefed by the Menteri Besar as and when requested by us and also prior to each meeting of the State Executive Council.

5. Appointment of senior government officers

5.1. We shall appoint the State Secretary, the State Legal Adviser and the State Financial Officer on the recommendation of the appropriate Public Service Commission, and also in accordance with the practice and the provisions of the State Constitution, after the name of the candidate has been submitted to us by the Menteri Besar.

5.2. In accordance with the present practice, we shall be consulted before appointments are made of all heads of Federal Departments in the State.

5.3. We shall appoint the members of the State Public Service Commission in accordance with the relevant State legislation.

6. Business

6.1. We shall not actively engage in any commercial enterprise except by way of trust.

6.2. His Royal Highness the Regent may through trustees/nominees participate in any commercial enterprise.

7. Expenses of the Royal Household

7.1. The Comptroller of the Royal Household shall control and administer the allocations provided for in the Civil List, in accordance with the financial procedure.

8. Religion

8.1. In accordance with the constitutional principle that we are the heads of the religion of Islam in our respective States, we reaffirm our position that we will uphold the teachings and practice of Islam.

9. The media

9.1. We, in accordance with constitutional practice, do not disclose to or discuss with the media any matter pertaining to the administration of the State which is likely to give rise to controversy.

10. His Majesty the Yang DiPertuan Agong

10.1. Unless otherwise provided for in the Federal Constitution, this Proclamation shall apply, mutatis mutandis to His Majesty the Yang DiPertuan Agong.

Saving

This proclamation is made for the purpose of clarification and assurance and is made without prejudice to the provisions of the Federal Constitution, the State Constitutions and existing convention and prerogatives.

Made at the Istana Negara this July 4, 1992.
By Their Royal Highnesses’ Command,
(Engku Datuk Ibrahim bin Engku Ngah)
Keeper of the Rulers’ Seal

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