I refer to the accusations against our monarchs by the Agora Society in its article ‘The monarchs should stay above politics’ dated 23rd November 2018 published by Malaysiakini.[1]
The monarchs should stay above politics https://t.co/I8zEd8b1As pic.twitter.com/cEfx4evHWx
— malaysiakini.com (@malaysiakini) November 23, 2018
The Agora Society has concluded that there exists undemocratic and unconstitutional trend of Sultans from the various states being involved in political affairs based on two recent occasions:
- The decree by the Sultan of Selangor to remove the Chinese road signs in Shah Alam and;
- Sultan of Johor reprimanding Chan Wei Kjhan, an Iskandar Puteri local councillor, for issuing an official letter in Chinese.
I must say I am disappointed with Agora Society’s lack of objectivity in evaluating the situations at hand. They seem to have confused political interference with Sultans’ constitutional duty to uphold the Federal Constitution namely Article 152 (1) (a) which states that:
“152. (1) The national language shall be the Malay language and shall be in such script as Parliament may by law provide: Provided that—
- no person shall be prohibited or prevented from using (otherwise than for official purposes), or from teaching or learning, any other language”
Further, Article 152(6) defines “official purpose” as any purpose of the Government, whether Federal or State, and includes any purpose of a public authority.
It is clear that for all official purposes of the Government, the prevailing language to be used is the Malay language. And on both counts in Johor and Selangor, the state government has failed to act in accordance to the Federal Constitution. A fact that Agora Society deliberately chose to ignore and dismiss.
Their call for every party to respect the autonomy of local authorities, including the multilingual policies is absurd as it clearly contravenes the Federal Constitution. The Sultans should never be condemned for exercising their wisdom in reminding relevant parties to respect the Constitution.
As much as I respect Agora Society’s right to free speech, I urge that such right be exercised with greater care without misleading the public on the role of monarchs in Malaysia. Such prejudicial statements should be avoided at all costs as one has to remember that the Rulers are the visible symbol of unity in our remarkably diverse nation. An attack against the institution is akin to an assault to the nation’s harmony.
Our Federal Constitution is a masterpiece of compromise. Every group gives something and gets something in return. The same applies to the Rulers. They agreed to independence and to hand over their powers to the people, but they had their positions and privileges secured. Their functions were defined by the Constitution. According to Prof. Shad Saleem Faruqi, the Constitution places on the shoulders of the Monarch the burden of discretionary powers to make critical decisions on affairs of state in his personal wisdom.[2] And many times the monarchs have acted wisely to help society at large and through their wisdom.
Back in January 2018, the Johor Ruler Sultan Ibrahim played the role of peacemaker in a bid to resolve the controversy following the demolition of a 80-year-old Hindu temple in Masai. The Ruler personally met with several representatives of the Dewa Shree Sivasakthi Shree Sinnakaruppar Devotees Association and gave a guarantee that a new site will be made available by the state government for the rebuilding of the temple.[3] This is a clear example of where the Sultan has resolved a very sensitive issue by himself. And the recent episode of the Sri Maha Mariamman Temple in Seafield, USJ25 Selangor should always serve as a reminder of the dangers of not managing such sensitive issues properly.
In the words of our learned and late Sultan of Perak Sultan Azlan Shah in 1986, the role of the monarchs is summed up as – “A King is a King, whether he is an absolute or constitutional monarch. The only difference between the two is that whereas one has unlimited powers, the other’s powers are defined by the Constitution. But it is a mistake to think that the role of a King, like a President, is confined to what is laid down by the Constitution. His role far exceeds those constitutional provisions.”[4]
[1] The monarchs should stay above politics – https://www.malaysiakini.com/letters/453142
[2] Discretionary powers of the King – https://www.thestar.com.my/opinion/columnists/reflecting-on-the-law/2017/04/27/discretionary-powers-of-the-king-within-a-narrow-field-the-constitution-places-on-the-shoulders-of-t/
[3] Johor Ruler plays peacemaker in bid to resolve temple issue – https://www.thestar.com.my/news/nation/2018/01/21/johor-ruler-plays-peacemaker-in-bid-to-resolve-temple-issue/
[4] Constitutional Monarchy, Rule of Law and Good Governance – http://www.sultanazlanshah.com/image/data/PDF/2004%20Book%202/Lectures_Full.pdf page 278
This article was written by Brian Lee, a freelance article writer.
