Are YDPA pardon decisions subject to judicial review?

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YDPA Pardon Decisions Are Not Subject to Judicial Review

Decisions made by the Yang di-Pertuan Agong (YDPA) regarding pardons are not subject to challenge in the courts, as this power is considered non-justiciable. This principle has been consistently upheld by judicial pronouncements, affirming the YDPA's discretionary authority as a Constitutional Monarch in matters of pardon. The Court of Appeal's decision in the case of Dato Seri Anwar bin Ibrahim v Mohd Khairul Azam [2023] explicitly reinforced that the grant of a pardon to DS Anwar Ibrahim could not be challenged legally.
Authority and Scope of Pardon Powers

Article 42 of the Federal Constitution outlines the YDPA's power to grant pardons, reprieves, and respites concerning all offences within the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya. This power is exercised as a discretionary authority, distinct from the preserved sovereignty of state rulers. The power to pardon operates under two main categories: a Full Pardon, which completely nullifies judicial penalties, and a Conditional Pardon, which may involve commuting custody durations or reducing fines.
The Role of the Pardons Board

The Pardons Board functions as an advisory body, providing recommendations to His Majesty rather than making decisions itself. The YDPA presides over this board, playing a significant role in its deliberations. While the Attorney General's opinion is to be considered, the specific criteria for the board's deliberations are not explicitly detailed in Article 42.
Precedents Affirming Non-Justiciability

Existing legal precedents have consistently rejected any form of judicial review over the YDPA's pardon decisions. A notable ruling from the apex court in Superintendent of Pudu Prison & Ors v Sim Kie Chon [1986] clarified that the Pardons Board merely tenders advice to His Majesty and does not possess decision-making authority. This established legal stance means that the verdict of legal guilt, while its consequences may be set aside by a pardon, subsists.

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Are YDPA pardon decisions subject to judicial review?

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