Plain readings of the federal and state constitutions — Hafiz Hassan

SEPTEMBER 26 — Article 37(1) of the Negeri Sembilan State Constitution (Undang-Undang Tubuh Kerajaan Negeri Sembilan – UUTKNS) mandates the establishment of the offices of State Secretary, State Legal Adviser and State Financial Officer,

The appointments to the offices “shall be made by the appropriate Service Commission from amongst members of any of the relevant public services”.

The “appropriate Service Commission” for the State Legal Adviser is the Judicial and Legal Service Commission (JLSC) established under Article 138 of the Federal Constitution. By Clause (2) of the Article, the Attorney General is a member of the JLSC.

State Legal Advisers report to, and take instructions from, the AG.

The State Legal Adviser for Negeri Sembilan advises on legal matters referred to him by His Highness or the state government.

“His Highness” refers to the Yang di-Pertuan Besar.

A general view of the Negeri Sembilan State Legislative Assembly building in Seremban on April 23, 2026. — Picture by Yusof Isa

So, how does the AG stay out of state affairs of Negeri Sembilan as urged by the four undangs?

Article 71 of the Federal Constitution guarantees the right of a Ruler of a State to succeed and to hold, enjoy and exercise the constitutional rights and privileges of the Ruler of that State  in accordance with the Constitution of that State.

However, any dispute as to the title to the succession as Ruler of any State “shall be determined solely by such authorities and in such manner as may be provided by the Constitution of that State”.

There is clearly a dispute as to the title to the succession as Ruler of Negeri Sembilan which requires determination not only by “such authorities” but also “in the manner as may be provided” by the UUTKNS.

The views and opinions expressed are not about interfering with, and intervening in, the State’s affairs.

It’s just about the plain readings of the federal and state constitutions.

* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.