An MB without excos arguably is unconstitutional — Hafiz Hassan

On October 10, the Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, officially dismissed ten state executive councillors (excos) for violating their loyalty oath. This decision, effective from September 20, is based on Article 38(5) of Negeri Sembilan's State Constitution, which grants the Ruler the power to appoint and dismiss exco members.

The Attorney General, Tan Sri Mohd Dusuki Mokhtar, clarified that the revocation merely prohibits the exco members from participating in exco meetings and does not affect their roles as elected representatives or their duties as assemblypersons. Consequently, Datuk Ismail Lasim, who holds the position of MB without any exco members, is metaphorically referred to as an MB without a supporting crew.

This situation prompts the writer to argue that a state should not only have a MB but also at least four exco members, as stipulated by Article 38(1) and Article 38(2) of the State Constitution. The two articles together mandate the existence of both an Executive Council and an MB, who must be a member of the Legislative Assembly and possess the confidence of the majority of its members.

The writer contends that the absence of excos would render the MB's role equivalent to that of a prime minister without a cabinet, which could potentially be considered unconstitutional.