KUALA LUMPUR (Sept 15): Negeri Sembilan Menteri Besar Datuk Ismail Lasim said on Tuesday he has no unilateral power to remove or vacate the position of the state’s Yang di-Pertuan Besar, while questioning the legal validity of a disputed proclamation bearing his signature.

Ismail had previously maintained that he signed the proclamation concerning the position of the Yang di-Pertuan Besar under duress, and that the document was therefore invalid, unconstitutional and unenforceable.

In a statement, the menteri besar said the position of the Yang di-Pertuan Besar and the processes concerning it are specifically governed by the Laws of the Constitution of Negeri Sembilan 1959 (UUTKNS 1959) and the principles of constitutional monarchy, instead of political or personal considerations.

“A proclamation does not, by itself, create constitutional authority,” he said in the statement issued on behalf of the state executive council following its meeting.

“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.”

Ismail said Article 10 of UUTKNS 1959 sets out a specific constitutional framework for actions concerning the position of the Yang di-Pertuan Besar, including requirements relating to the process and proclamation.

The menteri besar’s involvement in a process prescribed by the state constitution does not mean that the office-holder has the power to independently determine the position of the ruler, he said.

Any role or action assigned to the menteri besar must instead be exercised within the limits and requirements of UUTKNS 1959.

“The central issue is the validity and legal effect of the proclamation,” Ismail said.

“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.”

Ismail said the matter should be resolved through proper constitutional and legal processes, including judicial determination should a legal dispute arise.

He stressed that the issue was not about who wielded greater political power, as the royal institution, the Undangs, the menteri besar and the state government each have their respective positions and functions prescribed by the state constitution.

“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,” Ismail said.

The statement follows a dispute over an Instrument of Proclamation bearing Ismail’s signature and purportedly concerning the position of the Yang di-Pertuan Besar.

On Sept 9, Ismail said he had signed the document against his will and under duress, and maintained that it was invalid, unconstitutional and unenforceable.

He also lodged a police report to allow the authorities to investigate the matter.

Media reports said Ismail signed the Instrument of Proclamation related to Article 10 of UUTKNS 1959 on Aug 3, a day after taking his oath of office.

The document purportedly bearing his signature was subsequently highlighted at a press conference on Sept 8.