Who is advising NS MB? — Hafiz Hassan

September 22 saw Negeri Sembilan's Menteri Besar, Datuk Ismail Lasim, assert that the state's executive councillors (excos) continue to hold office. In response to the palace's recent revocation of all exco appointments, Ismail argued that the Yang di-Pertuan Besar cannot remove them without his own advice. He cited Article 40(1) of the Negeri Sembilan State Constitution (UUTKNS) 1959, which states that the ruler's sovereign power in state administration matters shall be exercised on the advice of the Menteri Besar and the State Executive Council.

Article 40 is indeed the key provision that Ismail relies upon, as it grants the ruler the authority to act based on the advice given to him. However, it is important to note that other articles within the same chapter of the UUTKNS, specifically Article 37, outline the appointment of crucial state positions such as State Secretary, Legal Adviser, and Financial Officer.

Clause (1) of Article 37 stipulates that these offices shall be filled by members of the appropriate public service, while Clause (2)(b) emphasizes that the State Legal Adviser must advise on legal matters referred to him by the Yang di-Pertuan Besar or the State Government.

Given this information, it becomes curious that Ismail claims the Yang di-Pertuan Besar cannot remove the excos without his advice. The very legal adviser Ismail mentions, the State Legal Adviser, should be providing the necessary legal guidance to Ismail concerning the revocation of the exco appointments. The question remains: who is actually advising Ismail Lasim in this matter?