LETTER | 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 Yang di-Pertuan 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 Yang di-Pertuan Agong to safeguard:

the special position of the Malays and natives of any of the States of Sabah and Sarawak, and
the legitimate interest of other communities, in accordance with the provisions of this Article 153.

Article 153(2) of the Federal Constitution states the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to:

safeguard the special positions of the Malays and natives of any of the states of Sabah and Sarawak, and
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 positions in the public service, and

(b) scholarships and other similar educational or training privileges or special facilities given by the Federal Government, and

Article 153(3) of the Federal Constitution states that the Yang di-Pertuan 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" appears 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 would be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and 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 Yang-di Pertuan Agong has no cause for concern.

As you can see, it is the Federal Constitution that has given birth to the offices of the Yang di-Pertuan Agong and the Conference of Rulers, and all the responsibilities and rights that come with it. No one can take away from the Yang di-Pertuan Agong or the Conference of Rulers what the Federal Constitution has given.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.