[4][5] All seventy Senate members sit for three-year terms (to a maximum of two terms); twenty-six are elected by the thirteen state assemblies, and forty-four are appointed by the Yang di-Pertuan Agong (King of Malaysia) on the advice of the Prime Minister.

While the monarch is the head of state, real executive power is vested in the Cabinet, led by the prime minister as the head of government; the Malaysian constitution stipulates that the prime minister must be a member of the lower house of parliament who, in the opinion of the Yang di-Pertuan Agong, commands a majority in parliament.

The office was established in 1957, when the Federation of Malaya (now Malaysia) gained independence from the United Kingdom.

In accordance with Article 41 of the Constitution, the Yang di-Pertuan Agong is Commander-in-Chief of the Malaysian Armed Forces.

The prime minister is appointed by the Yang di-Pertuan Agong, the head of state, and is someone who in the Yang di-Pertuan Agong's opinion is likely to command the confidence of the majority of the members of that House of Representatives (Dewan Rakyat), the elected lower house of Parliament.

In each of the states with a hereditary ruler, the Menteri Besar is required to be a Malay, appointed by the sultan.

It has the power to collect taxes (in the form of assessment tax), to create laws and rules (in the form of by-laws) and to grant licenses and permits for any trade in its area of jurisdiction, in addition to providing basic amenities, collecting and managing waste and garbage as well as planning and developing the area under its jurisdiction.

Local authorities in Malaysia are generally under the exclusive purview of the state governments and headed by a civil servant with the title Yang Di-Pertua (President).

This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s.

The head of the executive branch, the prime minister, is appointed from among members of the winning coalition.