Aziz said such powers would allow Putrajaya to amend the state constitution to resolve the crisis, as stipulated under Article 150 of the Federal Constitution. The article grants the king the right to proclaim an emergency, if required.
He said the postponement of the Negeri Sembilan state assembly meeting scheduled for April 23 showed that all was not well in the state.
State speaker MK Ibrahim Abd Rahman said the new dates would be set once consent was obtained from the Yang di-Pertuan Besar, Tuanku Muhriz Tuanku Munawir.
Aziz said the absence of the four undangs, or chieftains, at the ceremonial opening on April 23 also raised questions about the legality of the meeting.
He said the delay would have serious implications, as the state constitution requires the assembly to meet within six months.
“Failure to do so would result in the assembly being dissolved, and the assemblymen losing their seats. This is why it must be dealt with as soon as possible,” he said.
Aziz said an emergency was not necessarily a bad thing if it was clearly defined and a time limit set.
“In any case, it’s entirely a matter for the federal government to decide whether to invoke emergency powers,” he said, adding that eventually, the prime minister’s advice is subject to the agreement of the Agong who, in practice, would seek the opinion of the other rulers.
The Negeri Sembilan crisis arose after the former undang of Sungai Ujong, Mubarak Dohak, announced the removal of Tuanku Muhriz as the Yang di-Pertuan Besar at a press conference with the three other undangs on April 19.
However, menteri besar Aminuddin Harun said the state government did not recognise the move to depose Tuanku Muhriz.
Federal Court challenge
Zainuddin Omar, a senior lawyer well-versed in the Negeri Sembilan constitution, said the undangs have the prerogative not to explain their reasons for seeking to remove Tuanku Muhriz.
“If Tuanku Muhriz disagrees, he could challenge the move to depose him in the Federal Court,” he told FMT.
Another constitutional expert, Bastian Pius Vendargon, said the power to ask the ruler to abdicate is set out in Article X of the state constitution.
“As this is a grave matter, it requires strict compliance with the provision as well as the constitutional safeguards inherent in the Negeri Sembilan constitution, including the rule of law and rules of natural justice,” he told FMT.
Vendargon said the powers under Article X may be invoked only after a “complete inquiry” and arise only if that inquiry determines the ruler has developed any “great and serious defect” of the types specified.
He said it is unclear whether key requirements were met, such as whether the ruler was afforded an opportunity to be heard on clearly stated grounds of complaint, or whether all four undangs validly held office during the process.
Vendargon said the situation is complicated by the removal of one undang, as the Dewan Keadilan dan Undang (DKU) is chaired by the ruler.
On April 17, the DKU determined that Mubarak be removed as the undang of Sungai Ujong for allegedly violating a number of customs and traditions.
“Thus, there appears to be a constitutional crisis which ought to be resolved. Ideally, it should be resolved by the state’s internal mechanisms.
“Courts are generally reluctant to intervene in such matters, but if the state’s administration and constitutional functions are impaired, the impasse may have to be resolved by the courts,” he said.