The Executives and Their Roles

What is the Executive?

In the federal government, the Executive consists of:

● Conference of Rulers
● Yang di-Pertuan Agong (“YDPA”)
● Prime Minister
● Cabinet
● Public Services


What does the Executive do?

The Executive governs the country according to the laws made by Parliament. Each part of the Executive has its own role to play. 

What is the role of the Conference of Rulers?

The Conference of Rulers is made up of the nine Rulers and the four Yang di-Pertua Negeri (Governors) of the States which do not have Rulers. It has the following functions:

It elects and may remove the YDPA. It also elects the Timbalan YDPA (Deputy YDPA). Only the Rulers participate in this function;

• It has control over Islamic ceremonies in Malaysia;

• Its consent is needed in order to pass certain laws. For example, laws affecting the privileges, position, honours or dignities of the Rulers must have the consent of the Conference of Rulers;

• It must be consulted before some federal appointments are filled, such as the appointment of the Chief Justice of the Federal Court, President of the Court of Appeal, the Chief Judges of the High Courts, other judges of the superior courts, the Auditor-General and members of the Election Commission;

• It appoints two out of five members of the Special Court which is the court set up to deal with proceedings by or against the YDPA or the Ruler of a State in his personal capacity;

• It may deliberate on questions of national policy and any other matter that it thinks fit.

Consent of the Conference of Rulers is needed to pass laws on certain matters in the Constitution including:

• Article 153 dealing with the special position of Malays and the natives of Sabah and Sarawak and the legitimate interest of other communities;

• Article 152 which makes Malay the national language;

• Part III on citizenship;

• Article 10(4) which prohibits questioning of certain sensitive issues such as privileges granted under Article 153;

• Article 2(b) which deals with the alteration of the boundaries of a State.

What is the YDPA's role?

The Yang di-Pertuan Agong's role is that of a constitutional monarch. The Federal Constitution and Parliamentary Acts made in accordance with it define the extent of his powers as the Federal Head of State. The executive power of the federal government is vested in him.

The discretionary powers of the Yang di-Pertuan Agong pertain chiefly to appointing the Prime Minister, withholding consent to dissolve Parliament, and calling meetings with the Conference of Rulers "concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses."

The Yang di-Pertuan Agong renews the appointment of a Prime Minister after every general election until the minister decides to step down. Whenever the Prime Minister chooses to dissolve Parliament, he calls for a general election. The Yang di-Pertuan Agong may choose to refuse a Prime Minister's request to dissolve Parliament, as one of his discretionary powers.

The Yang di-Pertuan Agong appoints numerous high-ranking office holders in the Federation under the terms of the Constitution and various Acts passed by Parliament. The constitution established procedures for such appointments. In addition, the Yang di-Pertuan Agong is the Head of Islam in the four states ruled by appointed Governors, in the three Federal Territories, as well as in his own state. 

What is the Prime Minister’s role?

The Prime Minister is the Head of Government, appointed by the Yang DiPertuan Agong (YDPA). In appointing the Prime Minister, the YDPA acts in his discretion, but he may only appoint as Prime Minister a member of the Dewan Rakyat who in his judgment is likely to command the confidence of the majority of the members of the Dewan Rakyat. The Constitution does not say that only a person of a particular race, religion or gender can become Prime Minister of Malaysia. But the person who is appointed Prime Minister must be someone who is a Malaysian citizen by birth.

In practice, the Prime Minister is usually the leader of the controlling party or controlling coalition of political parties in the Dewan Rakyat.

If the Prime Minister ceases to command the confidence of the majority of the members of the Dewan Rakyat, he has two choices — (i) tender the resignation of the whole Cabinet to the YDPA so that the YDPA may appoint a new Prime Minister, or (ii) advise the YDPA to dissolve the Dewan Rakyat for purposes of a new general election.

Under the Constitution, the Prime Minister’s role includes advising the YDPA on:

• the appointment of 44 out of 70 Senators;
• the summoning and adjournment of sittings of the Dewan Rakyat;
• the appointment of judges of the superior courts (which are the High Courts, the Court of Appeal and the Federal Court);
• the appointment of the Attorney-General and the Auditor-General;
• the appointment of the chairmen and members of the Judicial and Legal Service Commission, Election Commission, Police Force Commission, Education Service Commission, National Finance Council and Armed Forces Council; and
• the appointment of the Governors of Malacca, Penang, Sabah and Sarawak.

he Prime Minister and other members of the Cabinet must swear an oath that they will faithfully discharge their duties to the best of their ability and bear true faith and allegiance to Malaysia and will preserve, protect and defend the Constitution.

Malaysians do not vote for the Prime Minister and the Cabinet directly. We vote for our MPs and the Prime Minister is selected from those MPs. The Prime Minister then chooses the Cabinet. The Prime Minister may choose his Cabinet from members of the Dewan Rakyat or the Dewan Negara.

What is the Public Services of Malaysia?

The public services of Malaysia includes:

● the police force;

● the armed forces; and

● the education service.

It also includes public servants such as those who work for ministries and Federal and State Governments.

The members of the public service do not change with the Government, and they are responsible for the day-to-day running of the ministries and government departments.

Source: PerlembagaanKu/MyConstitution