According to the state constitution, the Yang di-Pertua Negeri of Malacca appoints the chief finister to preside over the Executive Council and requires the chief minister 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 and must be a Malaysian citizen by naturalization or by registration.

The members of the Executive Council can not hold any office of profit and engage in any trade, business or profession that would cause conflict of interest.

A member of the Executive Council other than the chief minister can not hold office during the pleasure of the Yang di-Pertua Negeri, unless the appointment of any member of the Executive Council has been revoked by the Yang di-Pertua Negeri on the advice of the chief minister but may at any time resign his office.

Chief ministers removed as leader of their party, or whose government loses a vote of no confidence in the Legislative Assembly, must advise a state election to resign the office, or be dismissed by the Yang di-Pertua Negeri.

Conventionally, between the dissolution of one legislative assembly and the convening of the next, the chief minister and the executive council remain in office in a caretaker capacity.