WILL ‘UNSEEMLY RUSH’ TO BE AGONG WORK AGAINST SULTAN ABDULLAH AS HE ASCENDS THE PAHANG THRONE TODAY? TOP ON THE LIST TO BE KING – BUT STILL SUBJECT TO SECRET VOTE BY HIS PEERS

PEKAN – The proclamation of Sultan Abdullah Sultan Ahmad Shah as the sixth sultan of Pahang today will put him in the front of the line to become the 16th Yang di-Pertuan Agong, say experts.

Constitutional expert Dr Abdul Aziz Bari said, according to the constitutional monarchy rotation system, a ruler from Pahang is next in line to be appointed as king after Sultan of Kelantan Sultan Muhammad V stepped down as the Yang di-Pertuan Agong on Jan 6.

“In fact, there is no question of Sultan Abdullah being top of the list due to his proclamation as the sixth sultan of Pahang since Pahang is already next in line (according to the rotation system),” Aziz, who is Perak Education, Technology, Science and Environment Committee chairman, told the New Straits Times.

Seniority and the duration of a royalty holding the post of the ruler in his state, he said, were not requirements under the rotation system, which is nearing the end of the second cycle. He cited the appointment of Raja Perlis Tuanku Syed Sirajuddin Syed Putra Jamalullail as the 12th Yang di-Pertuan Agong in December 2001.

“The raja of Perlis was not the most senior among state rulers (in terms of holding position) when the then sultan of Selangor, the late Sultan Salahuddin Abdul Aziz Shah, who was Yang di-Pertuan Agong, passed away on Nov 21, 2001.

“The raja of Perlis, based on the rotation system, was subsequently appointed as the next Yang di-Pertuan Agong.”

Constitutional law expert Assoc Prof Shamrahayu Abd Aziz said there is no provision in the federal constitution that provides that a candidate to be considered as the next Yang di-Pertuan Agong is required to serve as ruler for a certain period.

“During the first cycle of the rotation system, the Yang di-Pertuan Agong was appointed based on the ruler’s seniority, his age and the length of the period he had served as the ruler of the state.

Sultan Abdullah Sultan Ahmad Shah and his consort Tengku Azizah Aminah Maimunah Iskandariah.

“The rotation system is nearing the end of the second cycle, in which the king was appointed based on the turn of the state.

“Only the rulers of Pahang, Johor and Perak have not been elected as Yang di-Pertuan Agong under the second round of the rotation system,” she said.

The first round of the rotation system concluded when the then sultan of Perak, the late Sultan Azlan Muhibbuddin Shah, was appointed as Yang di-Pertuan Agong in 1989.

The second cycle of the rotation system commenced when the then Yang di-Pertuan Besar Negri Sembilan, the late Tuanku Jaafar Tuanku Abdul Rahman, was appointed to the post five years later.

In the case of Sultan Abdullah, Shamrahayu said he had been the crown prince for 44 years, in which he had assumed the role since he was 16.

“He has also served as the regent of Pahang for more than two years. I am sure Sultan Abdullah has enough experience in the administration of the state when he was the crown prince of Pahang and regent of Pahang.”

Another constitutional expert, Dr Muhammad Fathi Yusof, said the proclamation of Sultan Abdullah as sultan of Pahang will place him in line as the next Yang di-Pertuan Agong in accordance with the rotation system.

“The rotation system will only change, as provided in the Third Schedule, when the ruler is not yet an adult or has informed the Keeper of the Rulers’ Seal that he does not wish to be elected, or if at least five rulers vote by secret ballot to resolve that such a ruler is unsuitable to be Yang di-Pertuan Agong,” said Fathi, research fellow (law and constitution) at Centre of Research for Fiqh, Science and Technology at Universiti Teknologi Malaysia.

He said Sultan Abdullah will be proclaimed as sultan of Pahang at a ceremony at Istana Abu Bakar at 11am today.

The Conference of Rulers, he said, will only meet on Jan 24, which is nine days after the proclamation of sultan of Pahang ceremony, to elect the Yang di-Pertuan Agong.

“Following such a development, I believe the sultan of Pahang will gain the trust of the Conference of Rulers to be appointed as the Yang di-Pertuan Agong.”

All experts, however, said the election of a sultan as Yang di-Pertuan Agong is under the discretionary power of the rulers and the decision is made by the Conference of Rulers through a secret ballot.

The sultan elected as Yang di-Pertuan Agong must also consent to the outcome of the secret ballot.

“In Malaysia, the monarchy is above and free from everything, even politics, which makes it so unique and certain.

“Having said that, I am sure the Conference of Rulers will not act based on its whims and fancies and kept within its powers and tradition (over the appointment of the Yang di-Pertuan Agong,” said Aziz.

– NST