SEREMBAN, Sept 15 (Bernama) -- The Menteri Besar has no unilateral power to depose or vacate the position of the Yang Dipertuan Besar of Negeri Sembilan, Datuk Ismail Lasim said.
He said the State Executive Council, following its meeting today, maintained that matters concerning the position of the Yang Dipertuan Besar and the processes involved were specifically governed by the Laws of the Constitution of Negeri Sembilan 1959 and the principles of constitutional monarchy, rather than political or personal considerations.
“A proclamation does not, by itself, create constitutional authority. What needs to be determined is the source of authority for the proclamation, the conditions and procedures prescribed by the State Constitution, and whether all those requirements have been complied with,” he said in a statement today.
Ismail said Article 10 of the State Constitution provided a specific framework governing actions concerning the position of the Yang di-Pertuan Besar, including requirements relating to the proclamation process.
He said the Menteri Besar’s involvement in a process prescribed by the State Constitution did not mean the office-holder had the power to determine the position of the ruler independently.
Any role or action assigned to the Menteri Besar under the Constitution must be carried out within the limits and requirements of the State Constitution, he said.
Ismail stressed that the issue was not about who wielded greater political power.
Under a constitutional monarchy, authority must derive from the Constitution and the law, while the Royal Institution, the Undangs, the Menteri Besar and the state government each have their respective positions and functions as prescribed by the State Constitution, he said.
“The central issue is the validity and legal effect of the proclamation. What must therefore be determined is the constitutional source of authority for the proclamation, the conditions and procedures prescribed by the State Constitution, and whether all those requirements and procedures were complied with for the proclamation to have the legal effect claimed,” he said.
Ismail said an issue of such significance must be resolved through proper constitutional and legal processes, including judicial determination should a legal dispute arise.
“The Menteri Besar fully respects the Institution of the Yang Dipertuan Besar, the Undang Yang Empat and the Laws of the Constitution of Negeri Sembilan.
“What must be upheld is not the interest of any individual, but constitutional supremacy, legal certainty and the continuity of the institution of constitutional monarchy,” he said.
On Sept 9, Ismail clarified that he signed the Instrument of Proclamation against his will and under duress, and that the document was therefore invalid, unconstitutional and unenforceable. He said he had also lodged a police report to allow the authorities to investigate the matter.
Media reports stated that Ismail signed the Instrument of Proclamation related to Article 10 of the Laws of the Constitution of Negeri Sembilan 1959 on Aug 3, a day after taking his oath of office.
The document purportedly bearing his signature was highlighted at a press conference on Sept 8.
-- BERNAMA