According to the Art. 3 of the Sarawak State Constitution, the Yang di-Pertua Negeri shall first appoint the Chief Minister to preside over the Cabinet and requires such Chief Minister to be a member of the Legislative Assembly who, in the former's judgment, is likely to command the confidence of the majority of the members of the Assembly. The Chief Minister must not a Malaysian citizen by naturalisation or by registration. The Yang di-Pertua Negeri will appoint not more than ten nor less than four Ministers on the Chief Minister's advice. The Yang di-Pertuan Negeri will also appoint Assistant Ministers under Art. 7A of the State Constitution. Assistant Ministers are not members of the State Cabinet. The Ministers and Assistant Ministers must members of the State Legislative Assembly. The Chief Minister and the Cabinet Ministers must take and subscribe in the presence of the Yang di-Pertua Negeri the oath of office and allegiance as well as the oath of secrecy before they can exercise the functions of office. In line with the Westminster system's principles of "collective responsibility" codified in the State Constitution, the Cabinet is collectively responsible to the State Legislative Assembly. The members of the Cabinet are prohibited from holding any office of profit and engage in any trade, business or profession that will cause conflict of interest. Unlike the Chief Minister, State Ministers and Assistant Ministers hold office at the pleasure of the Yang di-Pertua Negeri Arts. 7 and 7A, Sarawak State Constitution. If a government cannot get its appropriation legislation passed by the Legislative Assembly, or the Legislative Assembly passes a vote of "no confidence" in the government, the Chief Minister is bound by convention to resign immediately. The Yang di-Pertua Negeri's choice of replacement chief minister will be dictated by the circumstances. Ministers other than the Chief Minister shall hold office during the pleasure of the Yang di-Pertua Negeri, unless the appointment of any Minister shall have been revoked by the Yang di-Pertua Negeri on the advice of the Chief Minister but may at any time resign his office. Following a resignation in other circumstances, defeated in an election or the death of a chief minister, the Yang di-Pertua Negeri will generally appoint as Chief Minister the person voted by the governing party as their new leader.
Powers
The Chief Minister is the Head of Government in the State of Sarawak. Both the Federal Constitution and State Constitution as well as other legislations accord various authorities upon the office of the Chief Minister. Specific provisions of the State Constitution that expresses the authority of the Chief Minister include:-
Art. 1: Consulting with the Yang DiPertuan Agong on the appointment of the Yang di-Pertua Negeri;
Art. 1: Consulting with the Yang DiPertuan Agong on the appointment of the Acting Yang di-Pertua Negeri;
Art. 1: Advising the Yang di-Pertua Negeri, with the consent of the Yang DiPertuan Agong, appointing a person taking the Yang di-Pertua Negeri's place or representing the Yang di-Pertua Negeri at the Conference of Rulers;
Art. 6: Advising the Yang di-Pertua Negeri on the appointment of State Ministers and Assistant Ministers;
Art. 7: Request for the dissolution of the State Legislative Assembly;
Art. 7: Advising the Yang di-Pertua Negeri on the revocation of the appointment of a State Minister;
Art. 15 & : Advising the Yang di-Pertua Negeri on the appointment of the Speaker and Deputy Speaker of the State Legislative Assembly; and
Art. 35: Advising the Yang di-Pertua Negeri on the appointment of the chairman, Deputy chairman, and members of the State Public Service Commission.
The power of the chief minister is subject to a number of limitations. Chief ministers removed as leader of his or her party, or whose government loses a vote of no confidence in the Legislative Assembly, must advise a state election or resign the office or be dismissed by the Yang di-Pertua Negeri. The defeat of a supply bill or unable to pass important policy-related legislation is seen to require the resignation of the government or dissolution of Legislative Assembly, much like a non-confidence vote, since a government that cannot spend money is hamstrung, also called loss of supply. The chief minister's party will normally have a majority in the Legislative Assembly and party discipline is exceptionally strong in Sarawakian politics, so passage of the government's legislation through the Legislative Assembly is mostly a formality.
Caretaker Chief Minister
The legislative assembly unless sooner dissolved by the Yang di-Pertua Negeri with His Excellency's own discretion on the advice of the chief minister shall continue for five years from the date of its first meeting. The state constitution permits a delay of 90 days of general election to be held from the date of dissolution and the legislative assembly shall be summoned to meet on a date not later than 120 days from the date of dissolution. Conventionally, between the dissolution of one legislative assembly and the convening of the next, the chief minister and the cabinet remain in office in a caretaker capacity.
