According to the state constitution, the Yang di-Pertuan Besar of Negeri Sembilan with the concurrence of Negeri Ruling Chiefs 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 and Negeri Ruling Chiefs judgment is likely to command the confidence of the majority of the members of the Assembly, to be an ethnic Malay who professes the religion of Islam and not to be a Malaysian citizen by naturalisation or by registration.

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

A 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 Yang di-Pertuan Besar with the concurrence of Negeri Ruling Chiefs.

The defeat of a supply bill (one that concerns the spending of money) 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.

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.