According to the state constitution, the Sultan of Perak shall first appoint the Menteri Besar to preside over the Executive Council and requires such Menteri Besar to be a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly, must be an ethnic Malay who professes the religion of Islam and must not a Malaysian citizen by naturalisation or by registration. The Sultan on the Menteri Besar's advice shall appoint not more than ten nor less than four members from among the members of the Legislative Assembly. The member of the Executive Council must take and subscribe in the presence of the Sultan the oath of office and allegiance as well as the oath of secrecy before they can exercise the functions of office. The Executive Council shall be collectively responsible to the Legislative Assembly. The members of the Executive Council shall not hold any office of profit and engage in any trade, business or profession that will cause conflict of interest. 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 Menteri Besar is bound by convention to resign immediately. The Sultan's choice of replacement Menteri Besar will be dictated by the circumstances. A member of the Executive Council other than the Menteri Besar shall hold office during the pleasure of the Sultan, unless the appointment of any member of the Executive Council shall have been revoked by the Sultan on the advice of the Menteri Besar but may at any time resign his office. Following a resignation in other circumstances, defeated in an election or the death of the Menteri Besar, the Sultan will generally appoint as Menteri Besar the person voted by the governing party as their new leader.
Powers
The power of the Menteri Besar is subject to a number of limitations. Menteri Besar 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 Sultan. 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 Menteri Besar's party will normally have a majority in the Legislative Assembly and party discipline is exceptionally strong in Perak politics, so passage of the government's legislation through the Legislative Assembly is mostly a formality.
Caretaker Menteri Besar
The legislative assembly unless sooner dissolved by the Sultan with His Majesty's own discretion on the advice of the Menteri Besar shall continue for five years from the date of its first meeting. The state constitution permits a delay of 60 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 Menteri Besar and the executive council remain in office in a caretaker capacity.
