A constitutional crisis in Negeri Sembilan

A purported proclamation affecting Tuanku Muhriz as Yang di-Pertuan Besar has sparked a fundamental dispute about constitutional authority and the rule of law in Malaysia.

The Menteri Besar claims duress

Menteri Besar Datuk Ismail Lasim says he signed an instrument against his will and under duress, and filed a police report stating the document violated Article 10 procedures.

The Dewan Keadilan takes a position

Following a special sitting on September 13, the Dewan Keadilan dan Undang ruled that the attempt to remove Tuanku Muhriz violated both adat and the state constitution.

Power needs a constitutional source

In a constitutional system, no office confers unlimited authority. Every institution derives power from law, convention, adat, or the Constitution itself.

“Power must have a constitutional source”

A proclamation cannot create authority

A document cannot manufacture constitutional power that does not exist. The Menteri Besar's involvement in a process cannot give him unilateral authority to remove the Yang di-Pertuan Besar.

Procedure is not optional

When the Constitution prescribes conditions before a power can be exercised, compliance is mandatory. Constitutional requirements cannot be treated as mere technicalities.

“Procedure is part of constitutional legitimacy.”

Negeri Sembilan is constitutionally unique

Negeri Sembilan's institutions developed through a distinctive relationship between monarchy, the Undang, the luak, and Adat Perpatih, which must be understood together with its constitutional history.

Adat and constitutionalism coexist

Recognition of adat does not mean constitutionalism disappears. Where customary institutions are incorporated into a written constitution, both customary legitimacy and constitutional authority deserve respect.

Constitutional morality matters

Constitutional government requires restraint in exercising power, fidelity to institutions, respect for lawful processes, and good faith. Possessing influence is not the same as possessing constitutional authority.

Expediency cannot replace authority

An action may be politically expedient or command support, but neither can substitute for constitutional authority. The rule of law becomes meaningful when it restrains those in power.

Institutions must stay depoliticised

The monarchy, adat, and elected institutions should not become instruments of party politics. Each must remain within its lawful sphere to preserve Malaysia's constitutional equilibrium.

Courts can resolve disputes

Where a genuine legal dispute exists, courts may determine constitutional questions. Judicial determination is itself part of constitutional government, not an attack on adat or monarchy.

Allegations remain allegations

Lawyers for the Dewan Keadilan dan Undang made serious allegations in an active dispute. These should not be treated as judicial findings until the court rules.

A precedent for all Malaysia

Malaysia is a federation of constitutional monarchies. If constitutional processes can be bypassed when inconvenient, the institutions themselves are weakened.

Political necessity cannot redefine law

If political necessity determines constitutional meaning, constitutional government becomes government by expediency. Once accepted for a favoured cause, the same principle applies to opposed causes.

Constitutional boundaries protect everyone

Constitutional boundaries protect institutions, governments, rulers, and citizens from arbitrary power. They matter because they ensure authority is exercised according to law, not individual wishes.

A test of constitutionalism

The real question is not who is politically stronger, but who possesses constitutional authority, from where it derives, what conditions govern it, and whether those conditions were satisfied.

Respect without destruction

Adat, the Yang di-Pertuan Besar, the Undang, the Menteri Besar, and the judiciary all deserve respect. Constitutional government requires each institution to recognise the legitimate boundaries of others.

The Constitution must prevail

Power must have a lawful source, be exercised through lawful procedures, and disputes must be resolved according to law. This is the essence of constitutional government.

“The Constitution must prevail.”