What Does the Negeri Sembilan Constitution Actually Say About Removing a Ruler?
What Is Article X of the Negeri Sembilan Constitution?
Article X of the Negeri Sembilan Constitution 1959 is the key provision governing the removal of the Yang di-Pertuan Besar. It establishes a strict framework with several mandatory requirements that must ALL be fulfilled before a ruler can lawfully be removed.
The provision states that the power to call upon the Yang di-Pertuan Besar to withdraw or abdicate may only be exercised “if it is considered and determined that His Highness has done any overt act detrimental to the sanctity, honour and dignity of a Yang di-Pertuan Besar or has deliberately disregarded the provisions of this Constitution.”
What Are the Four Requirements Under Article X?
Senior constitutional lawyer Malik Imtiaz Sarwar, writing in Free Malaysia Today on 23 April 2026, identified four significant features of the Article X framework:
1. Full and Complete Enquiry The Undang must conduct “a full and complete enquiry” into the impugned conduct of the ruler. This is not a discretionary step, it is a mandatory precondition.
2. Right to Be Heard The ruler must be afforded a right to be heard. He must be notified of the specific allegations and their factual basis, so he can address the matter comprehensively.
3. Objective Determination It is only upon the Undang objectively arriving at a determination that the allegation is made out that they are empowered to call upon the Yang di-Pertuan Besar to withdraw or abdicate.
4. Proclamation Signed by Undang AND Menteri Besar Article X Clause (2) provides that the determination must be followed by a proclamation signed by both the Undang and the Menteri Besar. Without the Menteri Besar’s signature, the proclamation is constitutionally incomplete.
5. Gazetted The proclamation must be gazetted to come into legal force.
Why Do Legal Experts Say the Declaration Was Invalid?
Former Court of Appeal Judge Datuk Seri Mohd Hishamudin Yunus, himself an anak Negeri Sembilan from Suku Biduanda whose great-great-grandfather was the Undang of Johol for over 60 years, wrote in The Edge on 23 April 2026 that the proclamation was invalid for three separate reasons:
First, there was no due process. No specific misconduct against Tuanku Muhriz was ever publicly stated.
Second, Mubarak was a biased participant. He had been removed just two days earlier, yet read the proclamation. The judge stated Mubarak “should not have been a party to the proclamation.”
Third, the MB’s signature is constitutionally required. The MB explicitly refused to sign or recognise it. Therefore, the declaration is “legally unenforceable unless and until there is a Proclamation issued jointly by the Undangs and the Menteri Besar.”
Malik Imtiaz Sarwar concluded: “There is in reality no constitutional crisis in Negeri Sembilan.” He also noted that Chapter VII of the Penal Code criminalises conduct including the wrongful deposition of a ruler, citing the Federal Court’s ruling in Dhinesh Tanaphill v Lembaga Pencegahan Jenayah & Ors (2022) that the Malay Rulers’ functions are “central and fundamental to the peace and stability of the nation.”
What Is Article XVI and Why Does It Matter?
Article XVI empowers the DKU to advise on any question relating to the election, succession to, or removal from any office of the Ruling Chiefs. Article XVI also states that the decision and advice of the DKU “shall be final and shall not be challenged or called in question in any court on any ground.” This means Mubarak’s April 17 removal is constitutionally final.
Sources:
Malik Imtiaz Sarwar, FMT, 23 April 2026: https://www.freemalaysiatoday.com/category/opinion/2026/04/23/why-negeri-sembilan-is-not-in-a-constitutional-crisis
Datuk Seri Mohd Hishamudin Yunus, The Edge, 23 April 2026: https://theedgemalaysia.com/node/800970
On MB not signing proclamation: https://www.freemalaysiatoday.com/category/nation/2026/04/20/state-govt-does-not-recognise-declaration-to-depose-negeri-sembilan-ruler-says-mb
On no specific misconduct named: https://www.thestar.com.my/news/nation/2026/04/22/tuanku-muhriz-to-open-negri-sembilan-assembly-despite-ouster-attempt
On Tuanku Muhriz’s royal address: https://malaysia.news.yahoo.com/keep-calm-law-tuanku-muhriz-044524255.html
Negeri Sembilan Constitution 1959: https://www.agc.gov.my