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Introduction When Malaysia received its independence in 1957, it chose to establish a government based on the concept of parliamentary constitutional monarchy with a Federal Government structure. The present constitution with its parliamentary and cabinet system is based on the British Westminster model. Since independence, Malaysia is being ruled by Barisan National coalition of political parties. Formerly it was known as Alliance, but in 1971 it became Barisan National. Malaysia has a unique system of constitutional monarchy giving each of the nine State Rulers a chance to be King for five years in rotation. The rotation of the post was the brainchild of Tunku Abdul Rahman, the first Prime Minister, when Malaysia gained independent in 1957. The Yang di-Pertuan Agong is elected by the Conference of Rulers’ meet to elect a successor. He holds office for five years or until his resignation or death. Upon elected the Yang di Pertuan Agong relinquishes all his functions as the Ruler of his own State during his tenure as King. However, he remains head of the Muslim religion in his State. Conference of rulers… The conference of rulers was established in July 1987 when it met for the first time in Kuala Kangsar, the citadel of the Sultan of Perak. During 1946-48, the period of the Malayan Union, it was referred to as the Council of Sultans. Under the Federal Constitution, the Conference of Rulers is subjected to Article 38 and the fifth schedule. In Malaysia the Conference of Rulers consists of the various Sultans, who, having chosen their parents well, serve for life. However, under the Federal Constitution, fifth schedule, not only the 9 sultans will be a member of the conference of rulers, but the Yang di-Pertua Yang di-Pertua Negeri also will be part of the conference of rulers. Being part of the Conference of Rulers, the Yang di-Pertua influence in the conference is limited if compared to the other 9 sultans. For example, they are not to take part in the election of the Yang di Pertuan Agong. Only the 9 sultans, in rotation, serve as King, with a term of five years. The Sultans are a permanent institution in Malaysia, going back over five hundred years. It is this permanence that highlights their position of power in the affairs of the country. The Constitution of Malaysia, though after plenty of amendment, which, have lessen the influence and powers of the sultans, still manages to recognize the primacy of the Conference of Rulers. The Sultan resident in the national palace as King, is given by the Constitution a range of powers, and he exercises these in consultation with his fellow Sultans, who, though busy with the affairs of their fief, meet regularly to tend to matters of national need. The number of appointments made by the Conference of Rulers, with the King acting as their spokesman, is large, giving them extraordinary influence in the selection of federal officers. Jurisdiction of the Conference of Rulers… The federal constitution, under Article 38(2) invested several significant and influential legal and political roles to the conference of rulers. One of the most important functions of the conference is the appointment of election of the Yang di-Pertuan Agong (YDPA). Article 38(2)a give the power for the conference of rulers to elect the King and his deputy as accordance to the Third Schedule. With this power given to the conference, it places a prevailing power upon them. As stated in the constitution and which is widely accepted, the YDPA is the head of state with vast powers laid upon him. Even though, the YDPA powers are subjected the certain constraint, such as to act on advice of the Prime Minister, he still have some discretionary powers which render him as an important constitutional figure of the land. Example of powers which gives the YDPA dominance are appointment of PM, refusing the request for early dissolution of the parliament, and the power to appoint some important federal post. All these powers are very important in ensuring the smooth drive of the government. Therefore, in the sense that the YDPA is an important constitutional figure, and the power to elect the YDPA is on the conference of rulers, it can be held that, the conference of rulers hold a very important power on their hand. However, despite this power, it can be argued, the jurisdiction of the conference only up to that point. They can appoint a YDPA but later on, when the YDPA is appointed, the YDPA is to act on advice or to act under his discretion on matters which he may do so. Under the constitution, the YDPA must not follow what the conference intention, he may disregard it or agree with what the conference want. Furthermore, under the constitution, it requires the YDPA to act on advice of the PM, therefore, generally, if the intention of the PM is inconsistent with the desire of the conference, the YDPA must favor the PM.
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