Privy Council (Brunei)
The Privy Council is a formal body of advisers to the monarch of Brunei. When His Majesty appoints people to posts with traditional ranks, titles, and honours, the council provides advice.
History
The period of the State Council came to an end in September 1959 with the adoption of Brunei's first codified Constitution. The Legislative, Executive, and Privy Councils took the role of the council itself. The council was established in 1959 in accordance with Brunei's constitution, and are in charge of advising His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam on the three branches of government which are the executive, judicial, and legislative, even though they have separate powers. This is in keeping with the Malay Islamic Monarchy philosophy of the country.Membership
According to the Brunei Constitutional documents, a Privy Council that is constituted in conformity with Part IV's rules must be established. Each Appointed Member of the council shall serve at the pleasure of His Majesty the Sultan and Yang Di-Pertuan for the term and under the conditions set forth in the Instrument appointing him, and subject to such terms. Moreover, the council members should be consisted of:- The Crown Prince and Senior Minister in the Prime Minister's Office should be notified if such a selection has been made;
- If a Council of Regency has been appointed, the Regents;
- Ex-officio members include the Yang Di-Pertua Adat Istiadat, the Perdana Wazir, the Wazirs, Members of the Council of Ministers, State Mufti, Chief Syar'ie Judge, Attorney General, and any other official that His Majesty the Sultan and Yang Di-Pertuan may from time to time designate by proclamation in the Gazette;
- Any more individuals that His Majesty the Sultan and Yang Di-Pertuan may nominate by instrument bearing the State Emblem are referred to as Appointed Members.
Functions
As of 2008, His Majesty the Sultan and Yang Di-Pertuan has granted the Privy Council the duty to advise His Majesty in connection with the exercise of His Majesty's powers under Clause of Article 9 of the Constitution of Brunei Darussalam. This is done in accordance with the Constitution of Brunei Darussalam Order, 2006.Additionally, every Privy Council proceedings must be recorded in minutes. The Clerk to the council shall be appointed by His Majesty the Sultan and Yang Di-Pertuan, and prior to performing the duties of his office, the Clerk shall take and subscribe an oath in the form specified as Form II in the First Schedule before His Majesty the Sultan and Yang Di-Pertuan or the senior male Regent, as applicable. The council may signify the use of any authority granted to it or the performance of any act or item by it under the Clerk to the council's hand, subject to any established laws. The advice of the Privy Council is not required to be followed when making decisions by His Majesty the Sultan and Yang Di-Pertuan.
Procedure
Summoning
If a Council of Regency has been appointed, the senior male Regent may summon the Privy Council; otherwise, if His Majesty the Sultan and Yang Di-Pertuan are not in Brunei Darussalam and a Council of Regency has not been appointed, the Perdana Wazir may summon the council. When less than one-third of the council's members are present, and if His Majesty the Sultan and Yang Di-Pertuan or the other person presiding has objected to the transaction of business on that basis, no business may be transacted at any Privy Council meeting. For the purposes of this clause, the council's membership shall be regarded to be the next highest multiple of three if the number of members is not a multiple of three. Any Privy Council sessions and any related decisions made by that council are lawful despite the participation of anyone who was not authorised to do so.Chairing
Insofar as is practical, His Majesty the Sultan and Yang Di-Pertuan will preside over Privy Council meetings. The person who will preside in His Majesty the Sultan and Yang Di-Pertuan's absence will be in the order listed below.- In the absence of a Deputy Sultan and Yang Di-Pertuan and a Council of Regent, the senior male Regent shall preside.
- In the absence of a Deputy Sultan and Yang Di-Pertuan and a Council of Regent, such Member of the Privy Council as His Majesty the Sultan and Yang Di-Pertuan may appoint.
- In the absence of such Member or where no such Member has been appointed, the Perdana Wazir.