What is Article 28 of the Negeri Sembilan Constitution 1959?
Article 28 sets two different definitions of "Ruler" for the Second Part of the Negeri Sembilan Constitution, and fixes the three-Undang threshold for key discretionary decisions
Article 28 sits in Chapter 8, under the heading “General Provisions’”, and defines the expression “Ruler” whenever that word appears in the Second Part of the Constitution, which establishes the machinery of government.
What each clause means
Article 28(1): The general meaning of “Ruler” for the Second Part of the Constitution
(1) Subject to Clause (2) of this Article the expression Ruler wherever it occurs in the Second Part of the Constitution shall mean His Highness and the Ruling Chiefs who are available and holding office at the material time.
For most purposes in the Second Part, “Ruler” means His Highness together with the Ruling Chiefs who are available and holding office at the time. This is the general definition that applies unless Article 28(2) provides otherwise.
Article 34 defines the Ruling Chiefs as the four Undangs of Sungai Ujong, Jelebu, Johol and Rembau together with the Tunku Besar Tampin. Article 28(1) then imposes an additional limitation: only those who are both holding office and available count towards the definition. Someone who has vacated office, or who is unavailable at the relevant time, therefore falls outside Article 28(1).
Article 28(2): The three-Undang threshold for Article 40(2) discretionary decisions
(2) For the purpose of Clause (2) of Article XL in the Second Part of the Constitution the expression Ruler shall mean His Highness and at least three of the four Undangs or, if there be only three Undangs holding office at the time of the exercise of such discretion, at least two of them:
Article 28(2) sets a more specific definition. It applies only to Article 40(2), the provision that lists the matters on which the Yang di-Pertuan Besar may act in his own discretion rather than on the advice of the Executive Council.
Article 40(2) lists seven discretionary functions:
(a) appointing a Menteri Besar
(b) withholding consent to dissolve the Legislative Assembly
(c) requesting a meeting of the Conference of Rulers
(d) functions as Head of the Muslim religion and matters of Malay custom
(e) appointments to Malay customary positions
(f) appointing a Regent or Council of Regency
(g) regulating royal courts and palaces
For that narrower purpose, “Ruler” means His Highness together with at least three of the four Undangs. If only three Undangs are in office at the time, the threshold drops to at least two of them.
The drafting is also notable for what it excludes. Although the Tunku Besar Tampin is one of the Ruling Chiefs for the general definition in Article 28(1), he is omitted from the special definition in clause (2). That omission is express, not accidental. Article 28(2) speaks only of Undangs, a narrower category than the Ruling Chiefs defined generally in Article 28(1) and Article 34.
This is the clause most often invoked in the co-ruler debate. It does not create a new office or elevate the Undangs to equal status with the Yang di-Pertuan Besar.
Instead, it defines who constitutes “the Ruler” for exercising the seven discretionary powers in Article 40(2), requiring the participation of His Highness together with the prescribed number of Undangs.
Article 28(2), proviso: The two matters the Yang di-Pertuan Besar may decide alone
Provided that His Highness alone and in accordance with the Constitution may exercise His discretion under Clause (2) of Article XL as aforesaid, in cases described:
(i) in paragraph (f) thereof, where the appointment does not affect the prerogatives, powers and jurisdiction of the Ruling Chiefs in their respective territories;
(ii) in paragraph (g) thereof.
The threshold in Article 28(2) is subject to a proviso. His Highness may exercise two of the seven Article 40(2) discretionary functions alone, without the three-Undang quorum:
(f) appointing a Regent or Council of Regency, where the appointment does not affect the prerogatives, powers and jurisdiction of the Ruling Chiefs in their own territories.
(g) regulating of royal courts and palaces.
What Article 28 does not say
Article 28 does not create a joint office of “Ruler” shared equally between the Yang di-Pertuan Besar and the Undangs. It defines a word for the purposes of interpreting other Articles. That is because Article 28 is performing an interpretive rather than a substantive function.
Article 28 does not say what happens if fewer than the required number of Undangs are available or willing to participate in a decision under Article 40(2). It sets a threshold but does not specify a mechanism for resolving deadlock, disagreement, or the absence of a Luak’s representative from the process.
Article 28 does not touch the removal or appointment of an Undang. That question sits with the custom of the Luak under Article 14, and with the advisory role of the Dewan Keadilan dan Undang (DKU) under Article 16.
Article 28 does not extend the three-Undang threshold to matters outside Article 40(2). Ordinary executive functions, including most day-to-day decisions of the Executive Council, are governed by Article 40(1), under which the Yang di-Pertuan Besar acts on the advice of the Executive Council rather than any composite “Ruler”.
As the Adat saying goes, duduk sama rendah, berdiri sama tinggi: sit at the same level, stand at the same height. Article 28 is an interpretation clause. It defines who is meant by “the Ruler” in different contexts. It does not create new constitutional powers or alter the distribution of powers established elsewhere in the Constitution.
Footnote: The Constitution numbers its Articles in Roman numerals. This publication uses Arabic numerals for readability.
Our posts referencing Article 28
Does Article 79 Let the Ruling Chiefs Convene a DKU Sitting on 5 June?
Why Do Several Wikipedia Pages Now Call the Undangs ‘Rajas’ of Negeri Sembilan?
Sources:
Anak Nogori is independent commentary on the unfolding constitutional crisis in Negeri Sembilan, where centuries-old Adat Perpatih, royal succession law, and modern political manoeuvring are colliding in ways Malaysia has never seen before. If you find this useful, share it with someone who should be following this, or subscribe to receive the latest articles in your inbox.
