Rules for succession to Malaysian Kings

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Rules for royal succession

REFLECTING ON THE LAW By SHAD SALEEM FARUQI

For the first time in royal history, a reigning Sultan ascended the Federal throne the second time. The Sultan of Kedah had previously reigned as Yang di-Pertuan Agong from 1970 to 1975.

YESTERDAY, the distinguished reign of the Sultan of Terengganu as the 13th Yang di-Pertuan Agong came to an end and the Sultan of Kedah ascended to the Federal throne.

This draws our attention to the unique rules relating to the election of the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong as found in Articles 32, 33, 38(2) and the Third Schedule of the Federal Constitution.

The rules are exceedingly complex and constitutional conventions have added to their richness. The salient features are as follows:

> Only the Rulers of the nine Malay states are eligible to contest or vote. The Governors of Penang, Malacca, Sabah and Sarawak are excluded.

> Voting is by secret ballot and a simple majority of five out of nine Sultans is needed to disqualify or elect a Ruler.

> Seniority (by reference to date of accession to the state throne) carries some weight but is not an overriding factor.

> Election is on a rotational basis to ensure that every Ruler (who is willing and suitable) has had an opportunity to become the Yang di-Pertuan Agong before any state occupies the Federal throne twice.

> A Yang di-Pertuan Agong cannot be re-elected to continue beyond his five-year term.

Exceptions to rotation rule: Under the Third Schedule, a Ruler is qualified to be elected Yang di-Pertuan Agong except in three circumstances.

First, if he is a minor. Second, if he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected.



In 1957 the Sultan of Johor, in 1970 the Sultan of Pahang and in 1975 the Sultan of Johor stood down in favour of the next eligible Ruler. In such a case, the state’s name goes to the end of the “Election List” and the next Ruler in line is offered the post.

Third, if at least five members of the Conference of Rulers have by secret ballot resolved that a Ruler is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of the King.

There is no verifiable record of any such resolution though it is rumoured that there was at least one such precedent.

First election: For the first election of the Yang di-Pertuan Agong in 1957, an “Election List” was drawn up to indicate the seniority or precedence that Their Highnesses recognised among themselves. In his book, the late Lord President Tun Suffian Hashim informs us that the list had this precedence: Johor, Pahang, Negri Sembilan, Selangor, Kedah, Perlis, Kelantan, Terengganu and Perak.

Though Johor and Pahang were high up on the List, the Federal throne was offered by the Conference of Rulers to Negri Sembilan. Johor had declined and perhaps this was also the case with Pahang.

Second to ninth elections: The Election List drawn up for the first election is not permanent and is subject to constant revision in accordance with Section 4 of the Third Schedule which provides that the state that contributed the previous Yang di-Pertuan Agong should be transferred to the bottom of the list.

The state whose Ruler is elected as the current Yang di-Pertuan Agong should be omitted.

Whenever a Ruler dies or abdicates and there is a change in the Ruler of a State, then, due to the juniority of the new Ruler, his State’s name should be transferred to the end of the list.

For example, in 1958 the Sultan of Kedah and in 1959 the Sultan of Johor breathed their last. Their states were placed on the last rung of the Federal succession ladder.

If a Ruler declines or is disqualified, his State is moved to the bottom of the list. This is what happened to Johor and Pahang in 1957.

The above rules governed all elections till April 25, 1994, when the ninth Yang di-Pertuan Agong completed his term of office and the first rotation among the Sultans was completed.

Under section 4(3) of the Third Schedule new rules and a new election list took over.

Tenth and subsequent elections: When all states have taken their turn to grace the office of the Yang di-Pertuan Agong, the election list is then reconstituted in accordance with section 4(3) of the Third Schedule.

States are placed in the order in which their Rulers have occupied the office of the Yang di-Pertuan Agong.

The Malaysian Kings thus far:

1. Yang DiPertuan Besar of Negri Sembilan: Aug. 3, 1957 to April 1, 1960 (died in office).
2. Sultan of Selangor: April 14, 1960 to Sept 1, 1960 (died in office).
3. Raja of Perlis: Sept 21, 1960 to Sept 20, 1965.
4. Sultan of Terengganu: Sept 21, 1965 to Sept 20, 1970.
5. Sultan of Kedah: Sept 21, 1970 to Sept 20, 1975.
6. Sultan of Kelantan: Sept 21, 1975 to March 30, 1979 (died in office).
7. Sultan of Pahang: April 26, 1979 to April 25, 1984.
8. Sultan of Johor: April 26, 1984 to April 25, 1989.
9. Sultan of Perak: April 26, 1989 to April 25, 1994.
10. Yang DiPertuan Besar of Negri Sembilan: April 26, 1994 to April 25, 1999.
11. Sultan of Selangor: April 26, 1999 to Nov 21, 2001 (died in office).
12. Raja of Perlis: Dec 13, 2001 to Dec 12, 2006.
13. Sultan of Terengganu: Dec 13, 2006 to Dec 12, 2011.
14. Sultan of Kedah: Dec 13, 2011.

Unique features: In an age of egalitarianism and democracy, one would have expected monarchies to wither away. But they remain robust and popular and are symbols of stability, continuity and national unity in many lands including Belgium, Brunei, Denmark, Japan, Cambodia, Malaysia, the Netherlands, Norway, Spain, Sweden and the United Kingdom.

The Malaysian monarchy is rather unique because of multiplicity of sovereigns at the state level and the elective and short-term nature of the royal position at the Federal level.

Another remarkable feature is that a time lapse is allowed between the end of one reign and the commencement of another.

In England, the rule is that “the monarch never dies”. On the death, removal or abdication of one monarch, the successor assumes office retrospectively to the date on which the vacancy arose.

This is not so in Malaysia where twice in 1960, once in 1979 and again in 2001, on the death of the Federal sovereign, the new sovereign’s reign commenced a few weeks after the vacancy arose.

Perhaps this is because the Constitution provides for a Timbalan Yang di-Pertuan Agong to fill the breach temporarily till a new election is held.

On the creation of a vacancy, the Deputy King does not automatically ascend to the throne. His term is tied up with the tenure of the Yang di-Pertuan Agong.

Under Article 33(3), if the post of the King falls vacant, the Timbalan Yang di-Pertuan Agong acts on his behalf till the office of the King is filled, at which time the Deputy King’s term expires as well.

Yesterday was a unique moment in our royal history. A reigning Sultan, the Sultan of Kedah, ascended the Federal throne a second time, the first being from 1970 to 1975. May all blessings be with our new King and his consort.

Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.

Bersih rally awakening the young voters in Malaysian politics; Registration easy & simple

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Awakening the young voters

ANALYSIS By BARADAN KUPPUSAMY

Pakatan Rakyat is seeking to keep the rally’s momentum going, hoping that it can be sustained until an early general election is held. 

NOW that the Bersih 2.0 rally is over, what’s in store for the divided politics of the nation? It’s a question on the minds of many Malaysians.

The Bersih 2.0 rally was a success by some measure because Pakatan Rakyat supporters braved police restrictions, roadblocks and barbed wire to gather in the city centre calling on the Government to institute electoral reform.

Their eight-point demand included issues that the opposition had been campaigning on for many years, like a clean electoral roll, reforming postal voting and a minimum of 21 days for campaigning.

These are fundamentals of a basic election system in a democratic society and few citizens would find this objectionable.

Saturday’s rally, therefore, had an unprecedented impact on society at large and on the election system, comparable to the March 8 political tsunami.

While Saturday’s rally was smaller in size compared to Bersih’s first rally in November 2007, the effects were the same – the awakening of young people to political action to rally for a basic right in defiance of the police.

In 2007, Bersih had the run of the city with huge numbers converging on the Istana to deliver a memorandum to the King.

Anwar called the 2007 Bersih rally an unqualified success.

Three months later, a general election was called that saw a loose coalition, that later became Pakatan Rakyat, winning five state governments and denying Barisan Nasional a two-thirds majority.

This time, too, Anwar is expecting an early election, probably by the fourth quarter of this year to capitalise on the Bersih 2.0 momentum.

709 pictures of the BERSIH march. Malaysians unite!

https://picasaweb.google.com/104201905154669598873/Bersih2Rally090711?authkey=Gv1sRgCN2Bo8PKqdzNIQ#slideshow/5627287829029822

Voices from Malaysian: 

 Patrick Teoh

Teoh has come a very long way from his days as an announcer on the Rediffusion private radio station before establishing himself as one of the pioneers in mobile discos. In fact, till today people still associate Teoh with his voice though he is also into the arts and theatre.

Watch and listen his Video:


By PR’s reckoning, Bersih 2.0 was a major success and big enough to wipe out the series of by-election losses they suffered in recent months and the spate of defections from PKR to BN.

The internal turmoil caused by PKR’s direct elections that also saw many people disheartened with PKR has also been eclipsed.

PR sought to keep its Bersih 2.0 momentum going by organising a large rally in Penang, a PR state, on Monday that was well-attended.

It is hoping that the momentum would be sustained until an early general election is held.

It needs to step up its criticism of BN, organise more Bersih rallies in other states and perhaps take nationwide action to keep the momentum going.

For this reason alone, it is unlikely that Prime Minister Datuk Seri Najib Tun Razak would call an election this year.

He has to put some distance between the Government and the effects of the Bersih 2.0 rally.

Another reason for Najib to delay the general election is the urban voters whose preference is still with the opposition. He has to come up with imaginative programmes to win over the urban voters whose concerns are very different from the rural electorate.

Najib is also due to meet the Pope next week and hopes to establish a diplomatic relationship with the Vatican. He hopes to consolidate the Christian vote, which accounts for about 9% of the 14 million voters.

On another point, Bersih 2.0 leaders like Datuk Ambiga Sreenevasan tried hard to convince Malaysians that her organisation was an independent body and was acting independently.

It is, however, abundantly clear that Bersih 2.0 was an opposition affair from start to finish.

The police handling of the Bersih 2.0 rally is also under the spotlight. Although they were heavy-handed, there was a relative absence of violence except for one death of a PKR activist that was attributed to a heart condition.

The low level of violence as a whole also limited the electoral backlash against the Government.

Therefore, it is an opportune time to release all those arrested, including the six leaders of Parti Sosialis Malaysia who have been detained under the Emergency Ordinance for allegedly reviving communism.

The Bersih 2.0 rally did not come anywhere near those in Egypt, Tunisia, Yemen and Syria. But it will probably have an impact in the coming general election.

The rally proved its point that a large number of Malaysians can gather, despite police action, and march peacefully.

But Bersih 2.0 is unlikely to be a game changer in the way the first Bersih rally was.

Registration easy & simple

By SHAHANAAZ HABIB and RASHVINJEET S. BEDI sunday@thestar.com.my

PUTRAJAYA: Voter registration numbers have gone up significantly, thanks to efforts by political parties.
But some 40% of the new voters they have registered turned out to be ineligible.

“Some are dead, underage or already registered voters,” said Election Commission (EC) chairman Tan Sri Abdul Aziz Mohd Yusof.

“We verify with the National Registration Department (NRD) those who are genuine and get rid of the names of those who are not. This makes it tiring because we have to keep checking,” he told The Star.

Despite this, he said, political parties still registered the highest number, bringing in more half of the new eligible voters.

“Compared to universities and NGOs, the voters we get from political parties are a lot more,” he said.
For May alone, 52% of new eligible voters were registered by political parties.

Twenty per cent were registered through post offices and 13% by government departments.

The EC, meanwhile, roped in 10% of the new voters through its counters and outreach programme. Universities and NGOs helped to register 3% and 2% new voters respectively.

Abdul Aziz added that the EC had appointed political parties, NGOs and universities as assistant registrars to help register new voters, paying RM1 for every clean and confirmed new voter these organisations bring in.

“If they register 1,000 new voters and only 600 are genuine, we pay them RM600,” he said. Between 2008 and 2009, there were 10 million registered voters in the country and another 4.3 million eligible voters who were not registered.

This year, the total number of registered voters increased to 12 million and eligible unregistered voters dropped to 3.7 million.

“We have made registration easy and simple. You can go to the post office, youth bodies, universities, colleges, government departments, NGOs and political parties to register,” he added.

Abdul Aziz said the Malaysian EC was the only one in the world that appointed political parties to assist in registering new voters.

He pointed out that it made sense to rope in political parties. “We appoint an average of two assistant registrars for each state seat. And because they have an interest, they work very hard to register new voters.

“When we do the voter registration ourselves, the response is not very good. We go to events like TV3's Jom Heboh to register new voters but it is difficult for people to come forward.

“This has to do with attitude. People ask what benefit they get by registering as voters. Some people do not have the spirit. They ask what happens if they don't register and when they find out no action is taken, they leave it as it is. Only those who really love the country and would like to choose their own leaders would voluntarily go and register as voters.”

Abdul Aziz also advised the people to vote in their current place of residence as this was stipulated in the law. This would also resolve the issue of phantom voters, where voters allegedly stay in a different place from where they cast their vote.

He said people should not feel attachment to their hometown and balik kampung to cast their votes.
“If I stay in Shah Alam, I shouldn't go back to Penang or my hometown to vote,” he said.

He estimated that about 30% to 40% of Malaysians voted in a different place or state than where they lived.

“I have no power to force them to vote where they live. I can only explain and persuade them,” he added.

Yellow: What’s behind the shade & Bersih 2.0?

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Along The Watchtower By M. Veera Pandiyan

The organisers of Bersih 2.0 should explain their links and funding by the NED.

IT’S been a rather eventful week shaded by the overwhelming colour of yellow. In psychology, the colour is associated with optimism and cheerfulness.

Yellow, the colour of the sun, is linked with laughter, happiness and good times.

People surrounded by yellow feel optimistic because the brain actually releases more serotonin, the happy hormone that influences mood and sense of well-being.

But yellow can also be quickly overpowering if over-used. When intense, it can inflame and also evoke fear.

Studies show that babies cry more in bright yellow rooms and adults are more likely to lose their tempers in such places.

Apparently, energy levels can be taken up by the intensity of the colour to the point of it becoming an irritant.

Primarily, yellow is used to attract attention. That is why most danger signs come in yellow and black.
Spiritually, the hue is said to provide clarity of thought and enlightenment of mood.

Yellow has a very colourful use in language. The terms “yellow belly” or “yellow streak” connote it with cowardice, deceit or betrayal.

During the Middle Ages, paintings by Christian artists depicted Judas by dressing him in yellow.

In China, a pornographic film is called “yellow movie”, unlike the “blue movie” used in the west and elsewhere.

In Arab culture, people can recognise a “yellow smile” – a fake expression. Such smiles are put on when people want to hide their lack of interest, or any other emotion.

It is similar to the French expression of rire jaune (yellow laughter), which means to laugh from the wrong side of the mouth or feigned mirth.

Politically, yellow characterises freedom and moderation in many countries.



In the US, where yellow traditionally has a negative nuance, the Gadsden Flag, a symbol of American independence, has become popular again, especially with “Tea Party” activists.

The yellow flag, with a fierce-looking rattlesnake, coiled and ready to strike, bears the motto: “Don’t Tread on Me”.

The US is also the origin of “yellow journalism” – the phrase to describe irresponsible, exaggerated, lurid and slanderous reporting that can be traced to the late 1800s when two newspaper owners tried to outdo each other with their front-page stories to get the highest circulation.

Joseph Pulitzer (yes, of the Pulitzer Prize fame) who owned the New York World was the first to make use of sensational journalism to impress readers.

For example, his headline for a story on a heat wave that killed many people was: “How Babies are Baked”.

His rival, William Randolph Hearst, who owned the San Francisco Examiner, bought the New York Journal and also bought over Pulitzer’s top writers to outdo the World.

The rivalry was most intense before the Spanish-American War, when both papers churned out outrageous headlines to whip up support for the US, much to the dismay of other publishers and editors.

Both papers were denounced as “yellow journals”, inferring that Pulitzer and Hearst were cowards who chose the easy way to gain readers through sensationalisation and false news rather than responsible reporting.



Back home in Malaysia, critics of the mainstream media have been accused of being “yellow-bellied”, especially with regard to positions taken on the Bersih 2.0 rally.

The organisers of our yellow rally have since agreed to call it off and hold their gathering in a stadium instead after an audience with the Yang di-Pertuan Agong.

If Bersih 2.0 is indeed all about the noble cause of demanding free and fair elections, it must be rightly given the utmost support by all Malaysians.

The organisers of Bersih 2.0, however, must also explain their association and funding by the US’ National Endowment for Democracy (NED).

Even in the US, many questions are being asked about the NED set up in the early 1980s in the wake of negative revelations about the CIA.

According to William Blum the writer of Killing Hope: US Military and CIA Interventions Since World War II, the NED was set up to overtly do what the CIA had been doing covertly for decades.

He described it as a “masterpiece of politics, public relations and cynicism”.

Ron Paul, a Republican Congressman from Texas, described the NED as “nothing more than a costly programme that takes US taxpayer funds to promote favoured politicians and political parties abroad”.

“What the NED does in foreign countries, through its recipient organisations the National Demo­cratic Institute and the International Republican Institute, would be rightly illegal in the US.

“The NED injects soft money into the domestic elections of foreign countries in favour of one party or the other.

“It is particularly Orwellian to call US manipulation of foreign elections ‘promoting democracy.’

“How would Americans feel if the Chinese arrived with millions of dollars to support certain candidates deemed friendly to China? Would this be viewed as a democratic development?” he asked.

With such questions, don’t Malaysians deserve to know more about links between Bersih 2.0 and other Malaysian NGOs funded by the NED?

> Associate Editor M. Veera Pandiyan likes Coldplay’s song “Yellow”.