AUG 5 — Two words or expressions are used throughout the Laws of the Constitution of Negeri Sembilan 1959 (State Constitution).

The first is ‘Ruler’. The second is ‘His Highness’.

Both expressions are used in Article XXVIII (28) of the State Constitution. For good measure, Article 28 is reproduced in full below:

(1)      Subject to Clause (2) of this Article the expression Ruler wherever it occurs in the Second Part of the Constitution shall mean His Highness and the Ruling Chiefs who are available and holding office at the material time.

(2)      For the purpose of Clause (2) of Article XL (40) in the Second Part of the Constitution the expression Ruler shall mean His Highness and at least three of the four Undangs or, if there be only three Undangs holding office at the time of the exercise of such discretion, at least two of them:

Provided that His Highness alone and in accordance with the Constitution may exercise His discretion under Clause (2) of Article XL (40) as aforesaid, in cases described—

(i)       in paragraph (f) thereof, where the appointment does not affect the prerogatives, powers and jurisdiction of the Ruling Chiefs in their respective territories;

(ii)      in paragraph (g) thereof.

Clause (2) of Article XL (40) allows the Ruler to act in His discretion in the performance of, among others, the appointment of a Menteri Besar.

The gist is this:

The Ruler means His Highness and the Ruling Chiefs. However, for the purpose of Clause (2) of Article XL (40) – including in the appointment of a Menteri Besar (MB) – the Ruler means His Highness and at least three or two of the four Undangs.

By Clause (1) of Article XXXIV (34), His Highness means the person elected as the Yang Dipertuan Besar, Negeri Sembilan, by the Undangs in accordance with Article 7 to exercise the functions of Ruler under the Constitution or any law or as a member of the Conference of Rulers and includes His Successors and, where the context admits, His Predecessors and, in the case of a Regency or Council of Regency, includes the Regent or such Council as the case may be.

In short, His Highness is the Yang Di-Pertuan Besar.

By the same Article, the Ruling Chiefs are the Undang of the Luak of Sungei Ujong, the Undang of the Luak of Jelebu, the Undang of the Luak of Johol, the Undang of the Luak of Rembau and the Tengku Besar of Tampin.

In short, the Ruling Chiefs are the four Undangs (Undang Yang Empat) and Tengku Besar Tampin.

Both expressions also appear in Article XXXV (35)(1), which is reproduced in full below:

The executive authority of the State shall be vested in the Ruler and exercisable, unless otherwise provided by the Federal Constitution or this Constitution, by His Highness or by the State Executive Council or any member of the State Executive Council, authorised by the State Executive Council, but executive functions may by law be conferred on other persons or authorities.

If read together, Article XXVIII (28) and Article XXXIV (34) must mean while the executive authority of the State is vested in the Yang Di-Pertuan Besar and the Ruling Chiefs, it is exercisable by the Yang Di-Pertuan Besar or by the State Executive Council.

His Highness and the Rulings Chiefs are accorded with federal guarantee as provided by Clauses (1) and (2) of Article 71 of the Federal Constitution.

Meanwhile, by Article 160 of the Federal Constitution, the expression ‘Ruler’ means, in relation to Negeri Sembilan, the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs in accordance with the State Constitution.

Now, look at the picture below:

In the background can be seen two Undangs.

In the appointment of an MB, the Ruler means His Highness and at least two of the four Undangs. The appointment of Datuk Ismail Lasim accorded with Clause (2) of Article XXVIII (28) of the State Constitution.

If a picture tells a thousand stories, the picture above tells the constitutionality of the appointment of the MB of Negeri Sembilan.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.