04-11-2023, 02:55 PM
“Agong’ discretionary power to pardon is not absolute, subject to certain limitations”
![[Image: Agong-with-Queen.jpeg]](https://focusmalaysia.my/wp-content/uploads/Agong-with-Queen.jpeg)
THE recent comments made by Datuk Seri Anwar Ibrahim regarding the discretionary power of the Yang di-Pertuan Agong (YDPA) to pardon individuals convicted of a crime is that it rests with the King and is subject to certain qualifications.
According to Article 42(4)(a) of the Federal Constitution, the YDPA’s powers with regard to pardons are functions for which federal law may make provision under Clause (3) of Article 40.
This means that the YDPA has the ultimate discretionary power when it comes to granting pardons which is not limited to the advice of the Pardons Board.
Furthermore, Article 40(2) of the Federal Constitution provides that the YDPA shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where the Federal Constitution requires the King to act in his discretion.
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According to Article 42(4)(a) of the Federal Constitution, the YDPA’s powers with regard to pardons are functions for which federal law may make provision under Clause (3) of Article 40.
This means that the YDPA has the ultimate discretionary power when it comes to granting pardons which is not limited to the advice of the Pardons Board.
Furthermore, Article 40(2) of the Federal Constitution provides that the YDPA shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where the Federal Constitution requires the King to act in his discretion.
- More -