1993 amendments to the Constitution of Malaysia
Encyclopedia
The 1993 amendments to the Constitution of Malaysia was passed by the Malaysian parliament with the aim of removing legal immunity of the royalty. The changes, which saw the amendments of Articles 32, 38, 42, 63, 72 and 181 in the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...

, was implemented in March 1993. Before the amendments were made, the Constitution granted rulers who have violated the law not to be prosecuted by the criminal court unless he voluntarily wishes to surrender his legal immunity.

The amendments were made at a time when the Malaysian monarchy witnessed a deterioating relationship with the Malaysian government. During the late-1980s and the early-1990s, a series of controversial incidents involving the rulers cropped up, many of which came into a conflict of interest with several politicians. After two separate assault incidents by the Sultan of Johor and his younger son which occurred in 1992, the government was prompted to take up the initiative to call for the removal of legal immunity. The rulers were extremely unhappy with the government's calls for the removal of legal immunity, and initially dissented with the government. The government used a two-pronged approach of persuasion and coercion to obtain the assent of the rulers for their rulers. The rulers gave their assent for the government's proposals to remove the legal immunity, which was later implemented in March 1993.

By some interpretations, these events leading up to the constitutional amendments was considered to be a constitutional crisis
Constitutional crisis
A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...

, given that the federal government, who needed the endorsement of the Sultans to implement the law, refused and subsequently led to a brief standoff between both sides. However, in most cases, the events leading up to the constitutional amendment was generally closely identified as a monarchy crisis rather than a constitutional crisis.

Governmental relations with the Sultan of Kelantan

The party leader of Semangat 46
Semangat 46
Parti Melayu Semangat 46 or Spirit of 46 Malay Party is a now defunct Malaysian political party. The party was formed in 1988 under the leadership of Tengku Razaleigh Hamzah, who felt capable of mounting a realistic challenge to the dominance of then UMNO under Mahathir's leadership and its...

, Tengku Razaleigh
Tengku Razaleigh Hamzah
Tan Sri Tengku Razaleigh bin Tengku Mohd Hamzah is a major Malaysian political figure from the state of Kelantan, and a former Finance Minister. He is an uncle of the current Raja Perempuan of Kelantan. Tengku is a Malay hereditary title usually translated as prince...

, was a member of the Kelantan royal family and was held by high-esteem by the Sultan of Kelantan
Kelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....

, Sultan Ismail Petra
Sultan Ismail Petra of Kelantan
Duli Yang Maha Mulia Ismail Petra ibn Sultan Yahya Petra was the Sultan of Kelantan, Malaysia from March 30, 1980 until September 13, 2010. His father is Sultan Yahya Petra and his mother is Tengku Zainab. His first wife is Duli Yang Maha Mulia Raja Perempuan Tengku Anis Binti Tengku Abdul Hamid...

. Sultan Ismail Petra allegedly campaigned for Semangat 46 during the 1990 Malaysian general elections
Malaysian general election, 1990
General elections were held in Malaysia on 21 October 1990. The result was a victory for the UMNO-led Barisan Nasional, which won 127 of the 180 seats...

, which resulted in Semangat 46 as well as its then-coalition partner, the Pan-Malaysian Islamic Party (PAS) wrestling over control of the Kelantan's state government from the Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...

 government. The Prime Minister of Malaysia, Mahathir Mohamad, expressed his unhappiness over the alleged royal support for Semangat 46, and was accused of violating the rule of political neutrality which was required by a constitutional monarch.

In March 1992, customs officials revealed that Sultan Ismail Petra had owed the government RM$2.1 million in import duties after he had purchased a convoy of twenty Lamborghini Diablo
Lamborghini Diablo
The Lamborghini Diablo is a high-performance mid-engined sports car that was built by Italian automaker Lamborghini between 1990 and 2001. It was the first Lamborghini capable of attaining a top speed in excess of . After the end of its production run in 2001, the Diablo was replaced by the...

 cars that were directly flown in from London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

. The Sultan firmly denied any wrongdoings on his part, and further issued a statement declaring support for the implementation of Islamic laws in the state by the PAS-led state government, which angered the BN-led federal government.

Gomez Incident

In later part of the year, two separate assault incidents involving members of the Johor royal family allegedly occurred– was aptly dubbed as the "Gomez Incident" by the media. The first one occurred on 10 July 1992, when the second son of the Sultan Iskandar, the Sultan of Johor
Sultan of Johor
Sultan of Johor is a hereditary seat and the nominal ruler of the Malaysian state of Johor. In the past, the sultan held absolute power over the state and was advised by a bendahara...

, Tunku Abdul Majid
Tunku Abdul Majid
Tunku Abdul Majid Idris Ibni Almarhum Sultan Mahmud Iskandar Al-Haj is the Tunku Bendahara of Johor. A sports enthuasiast, Tunku Majid has served honorary positions in a few notable sports associations in Malaysia, including the President of the Malaysian Golf Association and Deputy President of...

, flayed a Perak
Perak
Perak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...

 hockey goalkeeper, Mohamed Jaafar Selvarajah Vello shortly after a hockey championship match between Perak and Johor, supposedly having lost his temper when the Perak team won the match by a penalty stroke. The goalkeeper made a police report soon afterward which received attention from the Parliament who pressured the Malaysian Hockey Federation to issue Tunku Majid a ban of five years from participating in any national hockey tournaments in October 1992. The Sultan, enraged by the decision issued to his son, exerted pressure on the state education department to issue orders to school hockey teams in Johor to boycott participation in national tournaments. The decision took a coach, Douglas Gomez to dissatisfaction, who called the resignation of all Johor Hockey Association key position bearers and criticising the education department for destroying the leadership.

The criticisms by Gomez took the Sultan to anger, who summoned Gomez to the palace on 30 November where he was reprimanded and beaten by the Sultan, in front of his dumbstricken bodyguards, members of the Johor Military Force. Gomez, who suffered injuries to his face and stomach, sought treatment at a private clinic the following day. Gomez subsequently filed a police report on the December 6, after receiving tacit support from the Parliament. The government-backed media, on its part, was swift to report on the incident.

Parliamentary debates and resolutions

The press reports on Gomez plight triggered widespread moral outrage within the Malaysian public. A special parliamentary session was held on 10 December 1992 which saw all 96 members of the Dewan Rakyat
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...

 present to pass a unanimous resolution to curb the powers of the rulers if necessary. The subsequent parliamentary session on December 27 saw discussions to remove legal immunity which agitated Sultan Iskandar to hold a rally to oppose the government's actions, but was forced to cancel after intense government pressure. Members of the opposition party had a passive stance towards the government's proposals, particularly from Semangat 46
Semangat 46
Parti Melayu Semangat 46 or Spirit of 46 Malay Party is a now defunct Malaysian political party. The party was formed in 1988 under the leadership of Tengku Razaleigh Hamzah, who felt capable of mounting a realistic challenge to the dominance of then UMNO under Mahathir's leadership and its...

.

A ruler's session was held on 16 January 1993, the following year, which requested the government for additional time for consideration of the government's decision. After extensive negotiation, some rulers chose to refuse to endorse the proposed changes to the Federal Constitution, even after the offer for a special court to prosecute the rulers was proposed, claiming that the implementation of a special court would bring about difficulties in legal technicalities.

The proposed amendments also came with the rule to allow commoners to criticise the Sultans, even the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

 without fear of the Sedition Act
Sedition Act (Malaysia)
The Sedition Act in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948...

, with the exception of questioning the legitimacy of the monarchy of Malaysia. In addition, the proposed amendments also sought to limit the power of the rulers to pardon offences of family members. Public criticisms of the rulers was also allowed by amendments to the Sedition Act
Sedition Act
Sedition Act may refer to:*Alien and Sedition Acts, including the Sedition Act of 1798, laws passed by the United States Congress*Sedition Act 1661, an English statute that largely relates to treason...

, which makes it no longer an offence to criticise the royalty except to areas pertaining to their legitimate existence.

Nevertheless, parliamentary sessions on subsequent days saw the Dewan Rakyat
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...

 table the proposed amendments in spite of the Sultans' objections, citing as far to say that there was no need to obtain royal assent to implement laws. Back in 1983, Mahathir's cabinet managed to pass ten years earlier. Shortly before the Dewan Rakyat concluded its session, 133 out of 180 MPs passed the proposed changes although members of the opposition parties abstained from voting, citing indifferences. The following day, Dewan Negara
Dewan Negara
The Dewan Negara is the upper house of the Parliament of Malaysia. The Dewan Negara consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the Yang di-Pertuan Agong .The Dewan Negara...

 passed a unanimous resolution to approve of the proposed amendments.

The three rulers, on the other hand, continued to withhold their consent to the amendments which saw the government threatening to withdraw the privileges and continued attacks via the national media on instances of royal excesses of their extravagant lifestyles and even hinting a possibility of ending constitutional monarchy in Malaysia, such as the publication of an article of monarchs who abdicated or were disposed since World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

. A compromise was reached with the Agong when the government offered a compromise which allowed the rulers to delay any legislation within sixty days, provided that the delays were given reasons. The previous proposals offered only a delay of fifteen days for any legislation that were to be raised in parliament.

The Dewan Rakyat passed its implementation on 8 March 1993, while the Dewan Negara approved of its implementation on 30 March. A new chapter, Part XV of the Constitution entitled "Proceedings against the Yang di-Pertuan Agong and the Rulers" was also enshrined.

Media coverage

The government-backed media, on its part, launched a series of reports between 1992 and 1993 detailing alleged misdeeds by members of he royalty not only by the Johor royal family but also on other royal houses from other states, questioning their extravagant lifestyles and misuse of moral authority to gain alleged concessions. The Pahang royal family, in particular, was criticised for the way which they allegedly gained favourable timber forestry concession rates and the unusually high shares which they were accorded in the timber forestry industry. In Kelantan
Kelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....

, Sultan Ismail Petra
Sultan Ismail Petra of Kelantan
Duli Yang Maha Mulia Ismail Petra ibn Sultan Yahya Petra was the Sultan of Kelantan, Malaysia from March 30, 1980 until September 13, 2010. His father is Sultan Yahya Petra and his mother is Tengku Zainab. His first wife is Duli Yang Maha Mulia Raja Perempuan Tengku Anis Binti Tengku Abdul Hamid...

 was also heavily criticised for failing to pay import duty taxes after he purchased a convoy of imported Italian luxury sports car as well as alleged biased support for Semangat 46
Semangat 46
Parti Melayu Semangat 46 or Spirit of 46 Malay Party is a now defunct Malaysian political party. The party was formed in 1988 under the leadership of Tengku Razaleigh Hamzah, who felt capable of mounting a realistic challenge to the dominance of then UMNO under Mahathir's leadership and its...

 by Dr Mahathir, for violating the constitution which states that monarchs will have to take on a neutral role in political affairs. The leader of Semangat 46, Tengku Razaleigh Hamzah
Tengku Razaleigh Hamzah
Tan Sri Tengku Razaleigh bin Tengku Mohd Hamzah is a major Malaysian political figure from the state of Kelantan, and a former Finance Minister. He is an uncle of the current Raja Perempuan of Kelantan. Tengku is a Malay hereditary title usually translated as prince...

 was a member of the Kelantan royal family.

The views of the Islamic Religious leaders were also well publicised, who criticised the royal excesses and even went as far as placing members of the royalty as equal members with the commoners in the eyes of Allah.

Aftermath

Another further constitutional amendment in May 1994 allowed any law that has been passed by both the Dewan Rakyat and Dewan Negara to become law within 30 days, irrespective of whether the Agong had given his assent. The new legislation further reduced the veto power of the Agong–amended previously in 1983. The older bill stated that Rulers could withhold assent of a proposed amendment within 30 days once both houses of parliament pass a proposed amendment.

The new constitutional amendment took some interesting twists following its amendments: In 1996, a Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...

an filed to sue the Sultan Ahmad Shah of Pahang for defamation in the special court for the rulers, which was turned down by the Special Court, establishing the precedent that the right to sue a ruler only belongs to a Malaysian citizen.

In 1998, then Tengku Idris (later Sultan Sharafuddin) of Selangor sued a company, Dikim Holdings in the High Court. In 1999, when his father, Sultan Salahuddin was elected as the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

 (King) of Malaysia, Tengku Idris was appointed as Regent of Selangor. The case was referred to the Federal Court on whether the Regent is considered a ruler, which the court replied in the negative. In 2001, Sultan Salahuddin passed away and Tengku Idris ascended the Selangor throne. The case was referred to the Federal Court again, which the court ruled that the High Court had lost jurisdiction over the case, and the case must be withdrawn and refiled in the Special Court. In both cases, only the Special Court had authority to exercise jurisdiction over the rulers, whether they were to be tried or intended to try another party.

The Yang di-Pertuan Besar
Yang di-Pertuan Besar
In Malay, Yang di-Pertuan Besar, literally "He Who Is Made Great" or "Great Ruler", is a royal title.-In Malaysia:# Also known as Yamtuan Besar, it is the title of the elected monarch of the state of Negeri Sembilan in Malaysia...

 of Negeri Sembilan
Negeri Sembilan
Negeri Sembilan, one of the 13 states that constitutes Malaysia, lies on the western coast of Peninsular Malaysia, just south of Kuala Lumpur and borders Selangor on the north, Pahang in the east, and Malacca and Johor to the south....

, Tuanku Ja'afar became the first ruler to have judgement made against him in the Special Court, whereby he was ordered to settle US$1 million in debts he had owed to a bank. The landmark verdict prompted his oldest son, the Regent of Negeri Sembilan
Negeri Sembilan
Negeri Sembilan, one of the 13 states that constitutes Malaysia, lies on the western coast of Peninsular Malaysia, just south of Kuala Lumpur and borders Selangor on the north, Pahang in the east, and Malacca and Johor to the south....

, Tunku Naquiyuddin
Tunku Naquiyuddin
Yang Amat Mulia Tunku Laxamana Tunku Dato' Seri Utama Naquiyuddin Tuanku Ja'afar DK, DKYR, SPNS, SPMP, PPT, is the eldest son of Tuanku Jaafar ibni Almarhum Tuanku Abdul Rahman, the Yang di-Pertuan Besar of Negeri Sembilan, who was also a former Yang di-Pertuan Agong of Malaysia...

 to restore immunity to rulers raised concerns among the public, in view of the history of past royal excesses, but specifically the Gomez incident during a speech in November 2008. Tunku Naquiyuddin, however, added further that immunity to rulers should not be extended to cases when rulers commit acts of criminality, such as assault.

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