THE unprecedented stepping down of Yang di-Pertuan Agong Sultan Muhammad V has raised questions relating to the issue of succession.
Constitutional experts believe that it would hinge on the decision made by the Conference of Rulers.
Professor Datuk Salleh Buang said, according to the third Schedule of the Federal Constitution, the Conference of Rulers would offer the office of the Yang di-Pertuan Agong to the ruler who qualifies for election. This, he said, depends on which ruler is next on the election list, and provided he accepts the office.
“Under the same section, if the offer is accepted, the Conference of Rulers would declare the elected ruler, after which the Keeper of the Rulers’ Seal shall notify the result of the election in writing to both Houses of Parliament.”
Salleh said Deputy Yang di-Pertuan Agong Sultan Nazrin Muizzuddin Shah of Perak might not necessarily become the next king, as the process would have to follow the election list.
Constitutional law expert Nizam Bashir Abdul Kariem Bashir said there are intricate rules in the Constitution as to who will succeed as the king, and this is provided for in the Third Schedule of the Constitution.
He said despite the existence of an election list, there are variations and exceptions that could be made to the list.
“The exceptions that may vary the election list are the ruler being a minor, the ruler notifying that he does not wish to be elected, and the Conference of Rulers by secret ballot resolving that he is unsuitable by reason of infirmity of mind or body, or for any other cause to exercise the functions of a king.
“Without accounting for the above and looking purely at the rulers who succeeded to the post based on the first election cycle, after the sultan of Kelantan, it should be the sultan of Pahang.
“However, keep in mind that there are exceptions to the election list as mentioned above,” he said.
Nizam Bashir added that the Conference of Rulers may have predicted the move by Sultan Muhammad V, and a successor may have been chosen.
“If we look at how things have always been done, where the succession of the office is concerned, a new king takes office immediately following the departure of the previous king. I expect the same custom to be observed.
“While we have only received the media statement from Istana Negara today (yesterday), I suspect the formalities have been attended to prior to this.
“The Conference of Rulers, to my mind, takes their duties quite seriously, but again, let’s see how this unfolds.
“The appointment of the Yang di-Pertuan Agong is a serious matter, after all. Let’s wait for the Conference of Rulers to perform its duties in this regard and the declaration to follow suit thereafter,” he said.
Istana Negara yesterday issued a statement saying that Sultan Muhammad V had stepped down as the 15th Yang di-Pertuan Agong. His Royal Highness, whose reign began on Dec 13, 2016, officially informed the matter to the Malay rulers through a letter sent to the secretary of the Conference of Rulers.