Conference of Rulers
Encyclopedia
The Conference of Rulers (also Council of Rulers or Durbar, (Malay
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...

:
Majlis Raja-Raja)) in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states. It was officially established by Article 38 of the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...

, and is the "only such institution in the world" according to the Malaysian National Library. Its main responsibility is the election of the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

(King) and his deputy, the Timbalan Yang di-Pertuan Agong, which occurs every five years or after the death of the King. Although its position in the process of elective monarchy
Elective monarchy
An elective monarchy is a monarchy ruled by an elected rather than hereditary monarch. The manner of election, the nature of the candidacy and the electors vary from case to case...

 is unique, the Conference of Rulers also plays a role in amending the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...

 and some other policies, in particular, those Articles which have been "entrenched", namely those pertaining to the status of the rulers, the special privileges of the indigenous Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...

 (see Article 153 of the Constitution of Malaysia
Article 153 of the Constitution of Malaysia
Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for “safeguard[ing] the special position of the ‘Malays’ and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities” and goes on to specify ways to do this, such...

), the status of the Malay language
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...

 as the national language, and the clause governing the entrenchment of such Articles.

History

The Conference of Rulers has its origins in the 1897 Durbar, the Council of Rulers for the Federated Malay States
Federated Malay States
The Federated Malay States was a federation of four protected states in the Malay Peninsula—Selangor, Perak, Negeri Sembilan and Pahang—established by the British government in 1895, which lasted until 1946, when they, together with the Straits Settlements and the Unfederated Malay...

, under the British colonial regime. Only the four Federated Malay States of Perak
Perak
Perak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...

, Selangor
Selangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...

, Negeri Sembilan
Negeri Sembilan
Negeri Sembilan, one of the 13 states that constitutes Malaysia, lies on the western coast of Peninsular Malaysia, just south of Kuala Lumpur and borders Selangor on the north, Pahang in the east, and Malacca and Johor to the south....

, and Pahang
Pahang
Pahang is the third largest state in Malaysia, after Sarawak and Sabah, occupying the huge Pahang River river basin. It is bordered to the north by Kelantan, to the west by Perak, Selangor, Negeri Sembilan, to the south by Johor and to the east by Terengganu and the South China Sea.Its state...

 were represented at the Durbar, which first convened in 1897. The purpose of the Durbar, as described by Resident-General Frank Swettenham
Frank Swettenham
Sir Frank Athelstane Swettenham GCMG CH was the first Resident General of the Federated Malay States which was formed by combining a number of sultanates. He served from 1 July 1896 to 1901. He was also an amateur photographer...

, was to "bring home to the Malays, in the most striking manner possible, the reality of federation".

After World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, a similar body called the Council of Sultans was constituted under the short-lived Malayan Union
Malayan Union
The Malayan Union was a federation of the Malay states and the Straits Settlements of Penang and Malacca. It was the successor to British Malaya and was conceived to unify the Malay Peninsula under a single government so as to simplify administration. The Malayan Union later became the independent...

. The Council comprised the Governor of the Union, who acted as President, the nine rulers, and the Chief Secretary, Attorney-General and Financial Secretary as ex officio members. The sole functions of the Council were to consider legislation related to Islam
Islam
Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

 (a function carried out by a subcommittee of the Council, comprising only the Muslim members) and to advise the Governor of the Union or the ruler of any state as necessary.

The first Conference of Rulers was convened on August 31, 1948, the year the British established the semi-autonomous Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...

, where it was attended by the rulers of all nine Malay states. The Conference of Rulers continued after independence, when it was formally established under the Constitution.

Membership

Only the rulers of the Malay states of (Negeri Sembilan
Negeri Sembilan
Negeri Sembilan, one of the 13 states that constitutes Malaysia, lies on the western coast of Peninsular Malaysia, just south of Kuala Lumpur and borders Selangor on the north, Pahang in the east, and Malacca and Johor to the south....

, Selangor
Selangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...

, Perlis
Perlis
Perlis is the smallest state in Malaysia. It lies at the northern part of the west coast of Peninsular Malaysia and has Satun and Songkhla Provinces of Thailand on its northern border. It is bordered by the state of Kedah to the south...

, Terengganu
Terengganu
Terengganu is a sultanate and constitutive state of federal Malaysia. The state is also known by its Arabic honorific, Darul Iman...

, Kedah
Kedah
Kedah is a state of Malaysia, located in the northwestern part of Peninsular Malaysia. The state covers a total area of over 9,000 km², and it consists of the mainland and Langkawi. The mainland has a relatively flat terrain, which is used to grow rice...

, Kelantan
Kelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....

, Pahang
Pahang
Pahang is the third largest state in Malaysia, after Sarawak and Sabah, occupying the huge Pahang River river basin. It is bordered to the north by Kelantan, to the west by Perak, Selangor, Negeri Sembilan, to the south by Johor and to the east by Terengganu and the South China Sea.Its state...

, Johor
Johor
Johor is a Malaysian state, located in the southern portion of Peninsular Malaysia. It is one of the most developed states in Malaysia. The state capital city and royal city of Johor is Johor Bahru, formerly known as Tanjung Puteri...

, and Perak
Perak
Perak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...

) are permitted to participate in the election of the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

, and stand as candidates. The governors of the other states (Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...

, Melaka, Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...

, and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...

) do not participate when the Conference of Rulers meets to decide matters related to the election or removal of the Yang di-Pertuan Agong or his deputy, or those related to privileges of the Malay rulers.

The membership of the Conference will depend on the succession of the Malay sultans, and the appointment of the governors. The Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

himself appoints the governors, while each state has its own procedure for succession to the throne. One, Negeri Sembilan
Negeri Sembilan
Negeri Sembilan, one of the 13 states that constitutes Malaysia, lies on the western coast of Peninsular Malaysia, just south of Kuala Lumpur and borders Selangor on the north, Pahang in the east, and Malacca and Johor to the south....

, is itself an elective monarchy.

Should a member of the Conference be unable to attend a meeting, his or her state must designate a temporary replacement; this process is set out by each state's own constitution, and therefore varies.

Once elected, the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

is no longer a member of the Conference, and is replaced by the Regent he has selected to rule in his stead in his home state. Every meeting of the Conference is chaired by one of the nine Malay rulers, who is appointed rotationally.

Roles and procedure

The National Library has called the Conference of Rulers "the supreme institution in the country", which would mean even Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....

 is subordinate to it. However, its role is de facto largely symbolic, as even the election of the Yang di-Pertuan Agong generally follows a fixed order based on the seniority of the Malay rulers at the time of independence in 1957.

In policy-making, if the Conference of Rulers is involved, the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

is constitutionally required to consult with not only the Prime Minister
Prime Minister of Malaysia
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...

 and the members of the Conference, but also with the Menteri Besar
Menteri Besar
The Menteri Besar is the chief executive of the state government for states in Malaysia with hereditary rulers. For states without a monarch, the title Chief Minister is used...

 (Chief Ministers) of each state.

Amending the Constitution

The Conference's role in amending the Constitution was first set out by the Constitution (Amendment) Act 1971, one of the first pieces of legislation passed by Parliament after the catastrophic May 13 Incident
May 13 Incident
The 13 May Incident is a term for the Sino-Malay sectarian violences in Kuala Lumpur , Malaysia, which began on 13 May 1969...

, which saw at least 200 deaths after racial rioting in the federal capital of Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...

.

The Act named Article 152, 153, and 181, and also Part III of the Constitution as specially protected; any public questioning of these provisions could now be criminalised by Parliament (this was done separately at the same time in amendments to the Sedition Act). The provisions in question covered the social contract
Social contract (Malaysia)
The social contract in Malaysia refers to the agreement made by the country's founding fathers in the Constitution. The social contract usually refers to a quid pro quo trade-off through Articles 14–18 of the Constitution, pertaining to the granting of citizenship to the non-Bumiputera of...

 (not to be confused with the philosophy of a social contract
Social contract
The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments. Social contract arguments assert that individuals unite into political societies by a process of mutual consent, agreeing to abide by common rules and accept...

 between the government and the governed), a quid pro quo
Quid pro quo
Quid pro quo most often means a more-or-less equal exchange or substitution of goods or services. English speakers often use the term to mean "a favour for a favour" and the phrases with almost identical meaning include: "give and take", "tit for tat", "this for that", and "you scratch my back,...

agreement between the Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...

 and the non-Bumiputra. In return for the granting of citizenship to the non-Bumiputra, the Bumiputra were guaranteed special rights (or, some insist, Malay supremacy — ketuanan Melayu
Ketuanan Melayu
Ketuanan Melayu is a political concept emphasizing Malay preeminence in present day Malaysia. The Malays of peninsular Malaysia claimed a special position and special rights owing to their long domicile and the role of the Malay rulers of the nine Malay states...

). The amendments thus effectively "entrenched" the social contract, making the contract alterable only with the agreement of the Conference of Rulers. Some have subsequently described the Conference of Rulers as a symbol of "Malay dominance".

The provisions covered were (respectively) those relating to Malay
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...

 as the national language, the special privileges and rights of the Malays and other indigenous peoples (Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...

, constituting more than half the Malaysian population), the status of the Malay rulers, and the provisions for Malaysian citizenship. These restrictions applied to all Malaysians, including Members of Parliament, overruling their Parliamentary immunity
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...

. In addition, Article 159(5), which governed amendments to the Constitution, was also amended to require the provisions of the Constitution relating to the "sensitive issues" mentioned earlier be amended only with the consent of the Conference of Rulers. This regulation would also apply to Article 159(5).

These changes met with strong opposition from the Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...

 (DAP) and People's Progressive Party
People's Progressive Party
There are several parties named People's Progressive Party:*People's Progressive Party *People's Progressive Party *People's Progressive Party *People's Progressive Party *People's Progress Party...

 (PPP), both of which had called for changes in government policies related to those "sensitive issues" mentioned during their campaigns in the 1969 general election
Malaysian general election, 1969
General elections were held in Malaysia on 10 May 1969, although voting was postponed until between 21 and 27 June in Sabah and Sarawak. It resulted in the return to power, with a reduced majority, of the ruling Alliance Party, comprising the United Malays National Organization , the Malayan...

. The changes were criticised as undermining Parliamentary supremacy, and some considered the legislation to insufficiently clarify the bans on discussion; in particular, it was wondered if the ban on discussion applied to Article 159(5) as well.

Others, such as The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...

of London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

 in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, lambasted the constitutional amendments, stating they would "preserve as immutable the feudal system dominating Malay society" by "giving this archaic body of petty constitutional monarchs incredible blocking power", suggesting that this move was hypocritical in light of Prime Minister Tun Abdul Razak's declaration of "the full realization that important matters must no longer be swept under the carpet..." Nevertheless, despite fierce opposition, the Alliance
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...

 coalition government passed the constitutional amendments in Parliament without the opposition votes because of its two-thirds Parliamentary majority.

Meetings

The Conference of Rulers generally meets triannually, or three a times a year. Should the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

or at least three members of the Conference request it, however, the Keeper of the Rulers' Seal
Keeper of the Rulers' Seal
The Keeper of the Rulers' Seal is the officer in Malaysia charged with custody and use of the Rulers' Seal of Malaysia on behalf of the Conference of Rulers. The Rulers' Seal is the symbol of the traditional authority of the royal institutions in Malaysia, namely the Yang di-Pertuan Agong and the...

 may convene a meeting of the Conference of Rulers. Meetings will also be convened not later than four weeks before the end of the five-year reign of the Yang di-Pertuan Agong, or whenever there is a vacancy in either his seat or that of his deputy.

The Conference generally meets at the Istana Negara (National Palace), but meetings may be held at other venues should the members of the Conference consent. Meetings have been held on occasion at various state palaces, a State Assembly, and at hotel resorts.

Each Malay ruler generally takes turns chairing each meeting. The agenda is generally outlined and made known to the Rulers prior to the meeting. During the meeting, none of the Malay Rulers take precedence above another and all are considered equal. Even the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

has no precedence above the Malay Rulers and serves to represent the federal government. However, a Ruler who has been on the throne for a longer period of time is considered more senior and his advice is widely respected due to the wealth of his experience, but this advice need not necessarily be followed.

The Secretary of the Conference is the Keeper of the Rulers' Seal.

Other references

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