KUALA LUMPUR (Oct 19): Discussion on the Negeri Sembilan crisis, often stressed to be an internal state matter, has made its way to the Dewan Rakyat with Kota Bharu member for parliament Datuk Seri Takiyuddin Hassan on Monday calling on the attorney general to explain the constitutional basis of the dismissal of 10 state executive councillors (excos) by the state ruler.
Debating Budget 2027 in the Dewan Rakyat, Takiyuddin said the revocation of the appointments appeared to contradict Article 38(5) of the Negeri Sembilan Constitution, which governs the tenure of exco members.
He argued under the provision an exco member holds office at the pleasure of the state ruler, unless the appointment is revoked by the ruler on the advice of the menteri besar.
He said no such advice was given, casting doubt on the legality of the attorney general’s position that the revocation was constitutional.
“Which constitution is the attorney general referring to when he says that what has been done is lawful?” he asked.
Takiyuddin also urged the government, particularly the law minister, to clarify the application of Articles 71(1) and (2) of the Federal Constitution.
Article 71(1) provides that the Federation shall guarantee a state ruler’s right to ascend the throne and to exercise the rights and privileges of the office in accordance with the state constitution. Article 71(2) extends the same guarantee, with the necessary modifications, to the ruler of Negeri Sembilan.
The minister in charge of law is Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said
Takiyuddin also asked whether the federal government would ensure that state constitutions were upheld and would refrain from interfering in matters governed by their provisions.
Palace and state government at loggerheads
Yang di-Pertuan Besar Negeri Sembilan Tuanku Muhriz Tuanku Munawir sacked the 10 excos on Sept 20, and the decision was gazetted on Sept 24.
The dismissals followed the excos’ endorsement of a proclamation by four disputed undang (the customary chieftains of Negeri Sembilan) to dethrone Tuanku Muhriz and their instruction to the state secretary to publish the decision in the gazette.
Under Negeri Sembilan's Adat Perpatih code of governance, the ruler is elected and can be dethroned by undangs.
Attorney General Tan Sri Mohd Dusuki Mokhtar had reportedly said the revocation was valid under Article 38(5) of the state constitution, which provides that exco members other than the menteri besar hold office at the pleasure of the ruler.
Earlier this month, the 10 Excos filed an originating summons at the Seremban High Court to challenge the revocation of their appointments.
The crisis has dragged on since April and drawn in the state's political actors who usually stay away from palace matters.
The current Umno-led Negeri Sembilan government, which is at loggerheads with the palace, came to power after a state election was called due to the crisis.
Pas and the Perikatan Nasional coalition it leads is in the government bloc of the Negeri Sembilan legislature. Takiyuddin is Pas and PN secretary general.