The Privy Council () is a formal body of advisers to the

monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...

Brunei Brunei, officially Brunei Darussalam, is a country in Southeast Asia, situated on the northern coast of the island of Borneo. Apart from its coastline on the South China Sea, it is completely surrounded by the Malaysian state of Sarawak, with ...

. When His Majesty appoints people to posts with traditional ranks, titles, and honours, the council provides advice.

History

The period of the

State Council State Council may refer to: Government * State Council of the People's Republic of China, the national cabinet and chief administrative authority of China, headed by the Premier * State Council of the Republic of Korea, the national cabinet of S ...

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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

, 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 (MIB) 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 The Wazirs or Waziris () are a Karlani Pashtun tribe found mainly in the Pakistan-Afghanistan border region. The Utmanzai Wazir are settled in North Waziristan and Wazir Tehsil in Bannu, while the Ahmadzai Wazir and Mahsud Wazir are in South ...

, Members of the Council of Ministers, State Mufti, Chief Syar'ie Judge,

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

, and any other official that His Majesty the Sultan and Yang Di-Pertuan may from time to time designate by proclamation in the

Gazette A gazette is an official journal, a newspaper of record, or simply a newspaper. In English and French speaking countries, newspaper publishers have applied the name ''Gazette'' since the 17th century; today, numerous weekly and daily newspapers ...

; *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. Before beginning their duties, each member of the council must take, make, and complete to an

oath Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...

or declaration in the form specified as Form I in the First Schedule before His Majesty the Sultan and Yang Di-Pertuan, or, if a Council of Regency has been appointed, before the senior male

Regent In a monarchy, a regent () is a person appointed to govern a state because the actual monarch is a minor, absent, incapacitated or unable to discharge their powers and duties, or the throne is vacant and a new monarch has not yet been dete ...

, or before such other person as His Majesty the Sultan and Yang Di-Pertuan or, as the case may be, the senior male Regent may designate.

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 (1) of Article 9 of the Constitution of Brunei Darussalam. This is done in accordance with the Constitution of Brunei Darussalam (Suspension) Order, 2006. Additionally, every Privy Council proceedings must be recorded in

minutes Minutes, also known as minutes of meeting, protocols or, informally, notes, are the instant written record of a meeting or hearing. They typically describe the events of the meeting and may include a list of attendees, a statement of the activit ...

. 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 (aside from His Majesty the Sultan and Yang Di-Pertuan or the other person presiding), 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.

Current members

As of 15 May 2024, the members were:

References

{{Authority control Government of Brunei 1959 establishments in Brunei