Constitution

Malaysia 1957 Constitution (reviewed 2007)

Table of Contents

THIRD SCHEDULE. Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong [Article 32 and 33]

PART 1. ELECTION OF YANG DI-PERTUAN AGONG

1

  1. A Ruler is qualified to be elected Yang di-Pertuan Agong unless-
    1. he is a minor; or
    2. he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected; or
    3. the Conference of Rulers by secret ballot resolves that he is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of Yang di- Pertuan Agong.
  2. A resolution under this section shall not be carried unless at least five members of the Conference have voted in favour of it.
  1. The Conference of Rulers shall offer the office of Yang di-Pertuan Agong to the Ruler qualified for election whose State is first on the election list described in section 4 and, if he does not accept the office, to the Ruler whose State is next on the list, and so on until a Ruler accepts the office.
  2. When a Ruler to whom the office of Yang di-Pertuan Agong has been offered in accordance with section 2 has accepted the office, the Conference of Rulers shall declare him elected and the Keeper of the Rulers’ Seal shall notify the result of the election in writing to both Houses of Parliament.

4

  1. The election list-
    1. shall for the purposes of the first election be a list comprising the States of all Rulers in the order in which Their Royal Highnesses then recognize precedence among themselves;
    2. shall for the purposes of subsequent elections be that list as varied in accordance with subsection (2) until it is reconstituted under subsection (3), and shall then be the list so reconstituted, but varied, for the purposes of further elections, in accordance with subsection (4).
  2. That list in force at the first election shall be varied as follows:
    1. after each election any States preceding on the list the State whose Ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list, and the State whose Ruler was elected shall be omitted;
    2. whenever there is a change in the Ruler of a State then on the list, that State shall be transferred to the end of the list (and if on the same day there is a change in the Rulers of more than one such State, those States shall be so transferred in the order in which they are then on the list).
  3. When no State remains on the list as varied in accordance with subsection (2), or if at an election no Ruler of a State on that list is qualified for election or accepts office, the election list shall be reconstituted so as to comprise again the States of all the Rulers, but in the following order, that is to say, those whose Rulers have held the office of Yang di-Pertuan Agong in the order in which their Rulers have held that office, and the others (if any) following them in the order in which they were on the list before it was reconstituted.
  4. After each election held in accordance with the reconstituted list that list shall be varied as follows:
    1. any State preceding on the list the State whose Ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list; and
    2. the State whose Ruler was elected shall then be placed last.

PART 2. ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG

  1. A Ruler is qualified to be elected Timbalan Yang di-Pertuan Agong unless-
    1. he would not be qualified to be elected Yang di-Pertuan Agong; or
    2. he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected.
  2. The Conference of Rulers shall not elect a Timbalan Yang di-Pertuan Agong while the office of Yang di-Pertuan Agong is vacant.
  3. The Conference of Rulers shall offer the office of Timbalan Yang di-Pertuan Agong to the Ruler qualified for election who, on the death of the Yang di-Pertuan Agong last elected, would be the first entitled to be offered the office of the Yang di-Pertuan Agong and, if he does not accept it, to the next and so on until a Ruler accepts the office.

PART 3. REMOVAL OF YANG DI-PERTUAN AGONG

  1. A resolution of the Conference of Rulers to remove the Yang di-Pertuan Agong from office shall not be carried unless at least five members of the Conference have voted in favour of it.

PART 4. GENERAL

  1. (Repealed).
  2. In section 4 (3) the expression “Ruler” includes a past Ruler.