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 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.

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 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.

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.