Conference of Rulers: The Institution That Elects the Agong and What Requires Its Consent

There is a short list in the Federal Constitution that is rarely mentioned: a list of matters Parliament cannot pass on its own. For those matters, a two-thirds vote in the Dewan Rakyat and the Dewan Negara alone is not enough. The consent of one other body is required — and that body is the Conference of Rulers.

The Conference of Rulers is established by Article 38(1) of the Federal Constitution, and constituted under the Fifth Schedule. It is not a third House of Parliament and does not enact laws. Its role is defined by a list: certain matters require its consent, other matters require consultation with it, and a small number rest entirely within its own jurisdiction.

This article sets out that list as it appears in the constitutional text.

At a glance

Official name	Majlis Raja-Raja (Conference of Rulers)
Constitutional basis	Article 38; constituted under the Fifth Schedule
Membership	The Rulers and the Yang di-Pertua Negeri for States that have no Ruler (Fifth Schedule, section 1)
Secretary	Keeper of the Rulers’ Seal (Fifth Schedule, section 4)
Quorum	A majority of members (Fifth Schedule, section 5)
First meeting	18 February 1948
Secretariat office	Office of the Keeper of the Rulers’ Seal, Jalan Bukit Petaling, Kuala Lumpur

Who its members are

Fifth Schedule, section 1 states that the Conference of Rulers consists of Their Royal Highnesses the Rulers and the Yang di-Pertua Negeri for States that have no Ruler.

The official website of the Office of the Keeper of the Rulers’ Seal states that current membership consists of nine Malay Rulers together with the Yang di-Pertua Negeri for Melaka, Penang, Sabah and Sarawak — 13 members in total. The phrase “States that have no Ruler” replaced the original wording “Melaka and Penang” when Sabah and Sarawak joined the Federation; see Formation of Malaysia 1963.

Membership is not uniform for all business. Fifth Schedule, section 7 excludes the Yang di-Pertua Negeri from membership for proceedings relating to:

• the election or removal of the Yang di-Pertuan Agong, and the election of the Deputy Yang di-Pertuan Agong;
• matters relating solely to the privileges, position, honour and dignity of the Rulers; and
• religious acts, practices or ceremonies.

For that business, the Conference meets as a body of nine members.

Fifth Schedule, section 2, in turn, allows the place of a Ruler or a Yang di-Pertua Negeri to be taken by another person, where the Constitution of that State so provides.

The Five Functions Listed in Article 38(2)

Article 38(2) lists the functions of the Conference of Rulers as follows:

1. Electing the Yang di-Pertuan Agong and the Deputy Yang di-Pertuan Agong, in accordance with the provisions of the Third Schedule.
2. Agreeing or not agreeing that any religious act, practice or ceremony be extended to the Federation as a whole.
3. Consenting or withholding consent to any law, and making or giving advice on any appointment, which under the Constitution is required to be consented to by the Conference or made after consultation with it.
4. Appointing members of the Special Court under Article 182(1).
5. Granting pardons, reprieves and respites, or remitting, suspending or commuting sentences, under Article 42(12).

Article 38(2) adds that the Conference “may deliberate on questions of national policy (for example, changes in policy affecting immigration) and any other matter that it thinks fit.”

That religious function ties in with Article 3(2): for any religious act, practice or ceremony the Conference has agreed to extend to the Federation as a whole, every other Ruler shall authorise the Yang di-Pertuan Agong to represent him in his capacity as Head of the religion of Islam.

How the Election of the Yang di-Pertuan Agong Works

Article 32(3) provides that the Yang di-Pertuan Agong is elected by the Conference of Rulers for a term of five years. He may resign by a letter addressed to the Conference, or be removed from office by the Conference, and ceases to hold office when he ceases to be a Ruler.

The mechanism is set out in the Third Schedule:

Stage	Provision	What happens
Eligibility	Part I, section 1	A Ruler is qualified for election unless he is a minor, has notified the Keeper of the Rulers’ Seal that he does not wish to be elected, or the Conference, by secret ballot, decides he is unsuited
Voting threshold	Part I, section 1(2)	A resolution of unsuitability may not be passed unless at least five members vote in favour of it
Offer	Part I, section 2	The office is offered to the Ruler who is qualified and whose State stands first on the election list; if not accepted, to the Ruler whose State is next, and so on
Declaration	Part I, section 3	Once the offer is accepted, the Conference declares him elected and the Keeper of the Rulers’ Seal notifies the decision in writing to both Houses of Parliament
Removal	Part III, section 8	A resolution to remove the Yang di-Pertuan Agong may not be passed unless at least five members vote in favour of it

The election list itself rotates. Section 4 of the Third Schedule provides that after every election, the States that preceded the State of the Ruler elected are moved to the end of the list and the State of the Ruler elected is left out; the list is reconstituted once no State remains on it.

The Deputy Yang di-Pertuan Agong is likewise elected by the Conference for a term of five years (Article 33(2)), and the Conference may not elect a Deputy while the office of Yang di-Pertuan Agong is vacant (Third Schedule, section 6).

Article 37(1) adds a step rarely mentioned: the Yang di-Pertuan Agong takes the oath of office before the Conference of Rulers, and that oath is witnessed by two persons appointed for that purpose by the Conference.

What Requires the Consent of the Conference of Rulers

“Consent” is the strongest threshold in the Constitution: without it, the law concerned cannot be passed by Parliament.

Provision	What cannot happen without the Conference’s consent
Article 38(4)	A law that directly affects the privileges, position, honour or dignity of the Rulers
Article 2(b)	A law that alters the boundaries of a State (the consent of that State is also required)
Article 159(5)	An amendment to Article 10(4), Part III, Article 38, Article 63(4), Article 70, Article 71(1), Article 72(4), Article 152, Article 153, or to Clause 159(5) itself
Article 33(5)	A law providing for a Ruler to exercise the functions of the Yang di-Pertuan Agong in certain circumstances
Article 34(5)	The Yang di-Pertuan Agong being outside the Federation for more than fifteen days, except on a state visit

It is Article 159(5) that makes the Conference of Rulers part of the amendment procedure for the Federal Constitution in respect of the listed provisions, in addition to a two-thirds majority in both Houses of Parliament.

What Requires Consultation Only

Consultation is a different threshold from consent. The Constitution requires the Conference to be consulted — not requires the Conference to agree — in the following matters:

• Article 38(5) — before any change of policy affecting administrative action under Article 153 is made.
• Article 122B(1) — the appointment of the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judges of the High Courts and other judges, by the Yang di-Pertuan Agong on the advice of the Prime Minister, after consulting the Conference of Rulers.
• Article 114(1) — the appointment of the Election Commission by the Yang di-Pertuan Agong after consulting the Conference of Rulers.
• Article 139(4) — the appointment of members of the Public Services Commission.
• Article 141A(2) — the appointment of members of the Education Service Commission.

Two appointments, in turn, are made by the Conference itself: two persons who hold or have held office as a judge of the Federal Court or the High Court, as members of the Special Court (Article 182(1)), and a member of the Armed Forces Council representing Their Royal Highnesses the Rulers (Article 137(3)(b)).

When Members Act in Their Own Discretion

Most constitutional functions in Malaysia are carried out on advice. Article 38(3) states that when the Conference deliberates on a matter of national policy, the Yang di-Pertuan Agong is accompanied by the Prime Minister, while the other Rulers and the Yang di-Pertua Negeri are each accompanied by their respective Menteri Besar or Chief Minister — and that deliberation is carried out on the advice of the Cabinet and the State Executive Council.

Article 38(6) excludes six categories from that rule. Members of the Conference may act in their own discretion in proceedings relating to:

• the election or removal of the Yang di-Pertuan Agong, or the election of the Deputy Yang di-Pertuan Agong;
• giving advice on any appointment;
• consenting or withholding consent to a law that alters the boundaries of a State or affects the privileges, position, honour or dignity of the Rulers;
• agreeing or not agreeing to the extension of a religious act, practice or ceremony to the Federation as a whole;
• the appointment of members of the Special Court under Article 182(1); and
• the power of pardon under Article 42(12).

How Decisions Are Made and Authenticated

The Conference’s procedure is set out in the Fifth Schedule:

• Quorum is a majority of members, and the Conference may determine its own procedure (section 5).
• Meetings are summoned by the Keeper of the Rulers’ Seal when required by the Yang di-Pertuan Agong or by not fewer than three members; and, without being asked, not later than four weeks before the expiry of the Yang di-Pertuan Agong’s term of office and whenever a vacancy occurs in that office or the office of Deputy (section 6). The official website states the Conference ordinarily meets three times a year.
• Voting — if the Conference is not unanimous, a decision is taken by the majority of members voting, subject to the provisions of the Third Schedule (section 8).
• Authentication — any consent, appointment or advice of the Conference is authenticated under the Rulers’ Seal. For a proposed appointment, if a majority of members indicate support by letter to the Keeper of the Rulers’ Seal, the Conference’s advice may be authenticated without summoning a meeting (section 9).

Article 40(2)(c), in turn, places a request for a meeting of the Conference concerned solely with the privileges, position, honour and dignity of the Rulers, and any action at that meeting, on the list of functions the Yang di-Pertuan Agong may exercise in his own discretion.

Common Misconceptions

“The Conference of Rulers passes laws.” No. It does not enact or pass laws. For certain categories, its consent becomes an additional condition before a law passed by Parliament can take effect — a condition, not a legislative process.

“Consent and consultation mean the same thing.” No. Articles 38(4) and 159(5) use the language of consent; Articles 38(5), 114(1) and 122B(1) use the language of consultation. The two carry different constitutional consequences.

“All members vote on all matters.” No. Fifth Schedule, section 7 excludes the Yang di-Pertua Negeri from certain categories of proceedings, and Article 42(13) excludes them — together with the Ruler concerned — from membership for the purposes of Article 42(12)(b) and (c).

“Decisions must be unanimous.” No. Fifth Schedule, section 8 provides for a decision by the majority of members voting when the Conference is not unanimous.

“The Yang di-Pertuan Agong chairs the Conference as a member.” The official website of the Office of the Keeper of the Rulers’ Seal states that the Yang di-Pertuan Agong is not a member of the Conference of Rulers, but attends meetings as Head of State, accompanied by the Prime Minister as his adviser.

What’s next

To understand where the Conference of Rulers sits within the wider constitutional framework, start with the Federal Constitution, then Parliament of Malaysia to see how federal laws are passed before the consent requirements of Articles 38(4) and 159(5) apply.

Its historical background, in turn, rests on two events: Merdeka 1957, when the Constitution came into force, and the Formation of Malaysia 1963, when the membership framework was extended to States that have no Ruler, including Sarawak.

The full text of Article 38, the Third Schedule and the Fifth Schedule can be read in the official reprint of the Federal Constitution on the Attorney General’s Chambers portal, and an official account of the Conference’s role is published by the Office of the Keeper of the Rulers’ Seal.