Screenshots

Flashback: Constitutional Crisis 1993. Dr Mahathir was then the Prime Minister.

An outcome of the 1993 Constitutional Crisis was that Article 181 of the Federal Constitution was amended.

With the amendment, the Malay Rulers can be charged on any personal wrongdoing, outside of their role and duties as a Ruler. However, the charges cannot be carried out in a normal court of law, but in a Special Tribunal under the purview of the Council of Rulers.

At the same time, Article 181 guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler within their respective states. They also cannot be charged in a court of law in their official capacities as a Ruler.

In Malaysian history book, Mahathir is credited as the main political force that managed to clipped the wings of the Malay Rulers and allow the concept of Constitutional Monarchy to thrive.

Flash forward to the present Abdullah and pre-Najib era.

Several instances in recent months, quoted K Baradan in The Star, indicate that the Malay Rulers are prepared to play more than a ceremonial role and exert authority. More so after the GE2008 political tsunami, where elected political authority is weak and indecisive.

'Exerting Royal authority'

Take the case of the Royal houses of Selangor and Perak. In bold manner, they intervened and baulked with the National Fatwa Council over the tomboy and yoga issues.

Muslim conservatives behind the edicts (fatwa) must be in for a shock.

The Sultan of Selangor made it clear that nobody, including the fatwa council, should usurp his authority as head of Islam in his state. The Sultan hoped that future edicts affecting the public would be referred to the Conference of Rulers before an announcement is made.

Similarly, an earlier statement that Perak would adopt the fatwa had to be immediately retracted when the state's Royal Family dispensed that royal consent is needed before the fatwa could be adopted.

If you recall, the Perak Royal Family had also intervened in the removal of the head of the State Islamic Religious Department, Jamry Sury in May, after the Pakatan Rakyat state government came about.

The state adhered to the Sultan's orders and immediately re-reinstated Jamry to the post.

'Restore full sovereignty'

Yesterday, the Royal Family of Negeri Sembilan pushed the envelope further so that rulers could exert their new-found authority in other areas.

The Regent of Negri Sembilan, Tunku Naquiyuddin Tuanku Ja’afar, has called for royal immunity to be reinstated so the constitutional monarchy can be restored to its full sovereignty.

He said that if the Ruler were to exercise his duties in a fair, just and impartial manner to protect the Federal Constitution, his sovereignty needed to be protected too. As such, the Regent was quoted as saying that, the restoration would enable the constitutional monarchy to play a more fitting role in the 21st century as guardian of the Federal Constitution.

To be consistent, The Regent of Negri Sembilan also joined his royal brothers in Perak and Selangor and proposed that the National Fatwa Council consult the Conference of Rulers before issuing edicts in future.

'Turning in his grave'

Unlike Mozart, Mahathir is very much alive in behind-curtain politics these days, so we can't use the idiomatic expression 'turning in his grave' to describe the current situation about the constitutional authority of the Malay Rulers that visibly illustrates concerted attempts to return to pre-1993 version of Federal Constitution.

But Malaysians will have to rise to the occasion where the Malay Rulers are poised to be "the 21st century guardian of the Federal Constitution".

As democracy matures globally, we can see that any new amendments to Article 181 of the Federal Constitution must be done through the Parliament.

The power of such amendments hence lies in the hands of the Members of the Parliament. I didn't at all know, if the Malay Rulers push hard and if it indeed happens, I was in for this in my life time.