What procedural checks exist before the Undangs can ask the Ruler to abdicate?

Question

Accepted Answer

The Undangs can only ask the Ruler to abdicate after a full and complete enquiry and with the required concurrence of the Menteri Besar

Before the Undangs of Sungai Ujong, Jelebu, Johol and Rembau can call on the Yang Di-Pertuan Besar to abdicate, the State Constitution requires a “full and complete enquiry by the Undangs” to reach a determination about specific grounds. The request must be tied to findings that the Ruler has developed a “great and serious defect” such as insanity, blindness or dumbness, is affected by a “base quality” that would not permit him to be Yang di-Pertuan Besar under Hukum Syarak, has done an overt act detrimental to the sanctity, honour and dignity of the office, or has deliberately disregarded provisions of the State Constitution.
A full and complete enquiry is mandatory before any call to abdicate
The procedure is set out in the State Constitution’s Chapter on the Yang Di-Pertuan Besar, which governs how he may be asked to withdraw from duties or to abdicate. For any such call to be made, the Undangs must consider and determine the matter only after conducting a “full and complete enquiry by the Undangs”.
The enquiry must establish specific grounds tied to the Ruler’s fitness and constitutional conduct
The Constitution limits the basis for a call to abdicate to defined categories. It requires a determination that the Ruler has a “great and serious defect derogatory to the qualities of a Yang di-Pertuan Besar” such as insanity, blindness or dumbness, or has a “base quality” that would mean he would not be permitted by Hukum Syarak to be Yang di-Pertuan Besar, or has committed an overt act detrimental to the sanctity, honour and dignity of the office, or has deliberately disregarded provisions of the State Constitution.
Any move that ends the Ruler’s functions requires the Menteri Besar’s concurrence for a proclamation
Even where the Undangs’ call and the enquiry relate to the Ruler’s withdrawal or abdication, the Constitution also requires the concurrence of the Menteri Besar for a proclamation stating that the Yang Di-Pertuan Besar ceases to exercise the functions and powers of the Ruler of the State. This places an additional procedural requirement alongside the Undangs’ enquiry before the Ruler’s functions can be formally ended.

Reading history

Hide →

This history is cleared when the page is closed.

What procedural checks exist before the Undangs can ask the Ruler to abdicate?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends