Menteri Besar or Chief Minister: why 13 states use three different titles

Bahasa Malaysia: Menteri Besar / Ketua Menteri · English: Menteri Besar / Chief Minister (head of a state government) · 中文: 州务大臣 / 首席部长

Thirteen states. One office. Three different titles.

The person who heads the Selangor government is called Menteri Besar. The person carrying out the same duties in Penang is called Chief Minister. In Sarawak, the title is Premier. The difference is not a matter of the state’s size, population or powers — it stems from one thing alone: whether the state has a Ruler.

Short answer

Article 160(2) of the Federal Constitution defines both terms at once. “Chief Minister” and “Menteri Besar” both mean the chairman — by whatever name called — of the Executive Council of a State.

The phrase “by whatever name called” is what matters. The Federal Constitution does not fix the title; it only identifies the office. The actual title is fixed by each state’s own constitution.

Article 160(2) also defines “Executive Council” as a body corresponding to the Cabinet in the Federal Government, and specifically states that it includes the Supreme Council in Sarawak. This is the body commonly referred to as the state Exco.

Who uses which title

State	Head of State	Title of head of government
Johor, Kedah, Kelantan, Pahang, Perak, Selangor, Terengganu	Sultan	Menteri Besar
Negeri Sembilan	Yang di-Pertuan Besar	Menteri Besar
Perlis	Raja	Menteri Besar
Melaka, Penang	Yang di-Pertua Negeri	Chief Minister
Sabah	Yang di-Pertua Negeri	Chief Minister
Sarawak	Yang di-Pertua Negeri	Premier (since 1 March 2022)

Article 160(2) defines “Yang di-Pertua Negeri” as the Head of State in a State that has no Ruler, and the definition of “Ruler” further states that, in relation to Negeri Sembilan, it means the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs.

The four states without a Ruler are listed explicitly in the heading to section 19A of the Eighth Schedule: Melaka, Penang, Sabah and Sarawak. The remaining nine states have a Ruler.

Why this division exists

The answer lies in the history of the Federation’s formation, and it can still be read in the Constitution itself.

Article 1(2) as it stood on Merdeka Day listed Johor, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu as states “formerly known as the Malay States”, while Melaka and Penang were referred to as states “formerly known as the Settlements of Malacca and Penang”. Those first nine states brought their institution of Ruler into the Federation. Melaka and Penang did not have one.

Sabah and Sarawak joined the Federation later, and likewise have no Ruler. Article 1(2) as it stands in force today lists all 13 states in a single list in alphabetical order — but the structural division remains in the Eighth Schedule.

Read more in Federal Constitution and Formation of Malaysia 1963.

The appointment process in monarchical states

The Eighth Schedule to the Federal Constitution sets out “provisions to be inserted in State Constitutions”. Section 2 of Part I governs the formation of the Executive Council.

The sequence runs as follows:

1. The Ruler appoints the Menteri Besar. Section 2(2)(a): the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of that Assembly.
2. The Menteri Besar advises on the appointment of the Exco. Section 2(2)(b): on the advice of the Menteri Besar, the Ruler shall appoint not more than ten but not fewer than four other members from among the members of the Legislative Assembly.
3. The Exco is responsible to the Assembly. Section 2(5): the Executive Council shall be collectively responsible to the Legislative Assembly.

Two details are often overlooked.

First, section 1(2) lists functions the Ruler may exercise in his own discretion — and two of them relate directly to this matter: appointing a Menteri Besar, and withholding consent to a request for the dissolution of the Legislative Assembly. In almost all other functions, section 1(1) requires the Ruler to act on the advice of the Executive Council.

Second, section 2(4) provides that in appointing a Menteri Besar, the Ruler may in his discretion set aside any provision of the State Constitution restricting his choice of Menteri Besar, if in his opinion it is necessary to do so in order to comply with that section. This provision implicitly acknowledges that a state constitution may contain additional eligibility requirements beyond those fixed by the Federal Constitution.

One absolute restriction, however, comes directly from the Federal Constitution. Section 2(3): a person who is a citizen by naturalisation, or by registration under Article 17, may not be appointed Menteri Besar.

When majority confidence is lost

Section 2(6) sets out the mechanism in a single sentence: if the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, he shall tender the resignation of the Executive Council, unless at his request the Ruler dissolves the Legislative Assembly.

Note the structure of the choice. The Menteri Besar may request a dissolution — but granting that request is the Ruler’s discretion under section 1(2)(b). If the request is not granted, the obligation to resign remains.

Other Exco members stand in a different position. Section 2(7): subject to section 2(6), a member of the Executive Council other than the Menteri Besar shall hold office for as long as the Ruler pleases, but may resign at any time.

How it differs in states without a Ruler

The Constitution does not write a separate set of provisions. It uses a method of substitution.

Section 22 of the Eighth Schedule states that, in the application of Parts I and II to the States of Melaka and Penang, references to the Ruler shall be replaced with references to the Yang di-Pertua Negeri. Section 23 in turn states that Part I applies to the States of Sabah and Sarawak as it applies to Penang and Melaka.

Section 22 also omits several provisions. Paragraphs (c) to (g) of section 1(2) are omitted — namely the discretionary functions relating to meetings of the Conference of Rulers concerning the privileges of the Rulers, functions as Head of the religion of Islam or relating to Malay custom, the appointment of heirs and a Regent, the conferment of ranks and titles under Malay custom, and the regulation of royal households and palaces. Section 2(4) is also omitted.

What is not omitted is paragraphs 1(2)(a) and 1(2)(b). This means the Yang di-Pertua Negeri in these states also acts in his own discretion when appointing the head of the state government and when considering a request to dissolve the Legislative Assembly.

The office of Yang di-Pertua Negeri itself is created by section 19A: the Yang di-Pertua Negeri is appointed by the Yang di-Pertuan Agong acting in his discretion but after consulting the Chief Minister, for a term of four years. He may resign by letter to the Yang di-Pertuan Agong, and may be removed by the Yang di-Pertuan Agong on an address of the State Legislative Assembly supported by a vote of not less than two-thirds of the total number of its members.

Section 19B adds two restrictions: a person who is not a citizen, or who is a citizen by naturalisation or registration under Article 17, may not be appointed; and the Yang di-Pertua Negeri may not hold any office of profit or actively engage in any commercial undertaking.

Sarawak and the title Premier

The Sarawak State Legislative Assembly passed several amendments to the Sarawak State Constitution on 15 February 2022. One of those amendments changed the title Chief Minister to Premier, effective 1 March 2022. The Office of the Chief Minister is also referred to as the Office of the Premier of Sarawak.

The amendment did not require an amendment to the Federal Constitution, because the definition in Article 160(2) already covers the chairman of the Executive Council “by whatever name called”. Provisions of the Federal Constitution that refer to “Chief Minister” — including section 19A on consultation before the appointment of the Yang di-Pertua Negeri — continue to apply to that officeholder.

State background: Sarawak.

The Perlis exception in the constitutional text

Article 71(5) allows section 2 or section 4 of Part I of the Eighth Schedule to be replaced by the provisions of Part II. For all states, that substitution takes effect until the dissolution of the second Legislative Assembly. For Perlis, paragraph 71(5)(b) fixes a different period: until such further time as may be fixed by that State Legislative Assembly, and in relation to the provisions in section 2, “until such time as is not yet fixed”.

The difference is not cosmetic. Section 20 of Part II — the substitute version of section 2 — reads almost identically, with two notable differences. Section 20(2)(a) refers to “a person” without stating that the person must be a member of the Legislative Assembly. Section 20(6) adds a time condition: the Menteri Besar shall cease to hold office on the expiry of three months from the date of his appointment, unless before the expiry of that period a resolution expressing confidence in him has been passed by the Legislative Assembly.

Common mistakes

“A Chief Minister ranks lower than a Menteri Besar.” No. Article 160(2) places both within a single, identical definition. Article 70, meanwhile, arranges protocol precedence between the Ruler and the Yang di-Pertua Negeri, not between heads of state government.

“The Federal Constitution sets out the full eligibility requirements for a Menteri Besar.” Not entirely. The Federal Constitution sets out the basics — membership of the Legislative Assembly, majority confidence, and the prohibition on citizens by naturalisation or registration. Additional requirements sit in the state constitution, and section 2(4) of the Eighth Schedule expressly refers to the existence of state provisions restricting the Ruler’s choice.

“The Yang di-Pertua Negeri is a lifelong office like a Ruler.” No. Section 19A(2) fixes a four-year term, renewable through reappointment by the Yang di-Pertuan Agong.

“Chief Minister of the Federal Territories.” No such office exists. Kuala Lumpur, Labuan and Putrajaya are Federal Territories, not states, and have no State Legislative Assembly. See Wilayah Persekutuan.

“A state constitution can be amended however the state pleases.” Article 71(4) provides that if the Constitution of a State does not contain the essential provisions of Part I of the Eighth Schedule, or contains provisions inconsistent with it, Parliament may by law make provision for giving effect to those essential provisions in that State.

Related reading

• Federal Constitution — structure, schedules and essential provisions
• Parliament of Malaysia — the federal-level legislative body, for comparison with the State Legislative Assembly
• Warta Kerajaan — why a state constitutional amendment must be gazetted before it takes effect
• Sarawak, Selangor, Penang — state background

What’s next

To verify the exact eligibility requirements in a given state, refer to that state’s Undang-Undang Tubuh Kerajaan (state constitution) — not the Federal Constitution. Each state publishes its constitutional text through the State Legislative Assembly portal or the office of the State Secretary, and amendments are published in the State Gazette.

For the official text of the Federal Constitution and the Eighth Schedule, use the Attorney General’s Chambers’ Federal Legislation Portal at lom.agc.gov.my. The reprint referred to in this article is the 2020 Reprint.