How does Article 42 of the Federal Constitution govern pardon powers?

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Article 42 of the Federal Constitution Outlines the Prerogative Powers of Pardon

Article 42 of the Federal Constitution of Malaysia governs the prerogative powers of pardon, establishing the Yang di-Pertuan Agong's (YdPA) authority in this regard. This article specifies that the YdPA, along with Malay rulers and governors, are to sit with the Pardons Board when considering requests for pardon. The High Court's recent decision affirmed that these powers, while vested in the Agong, must be exercised in accordance with the procedures and requirements laid out within Article 42 itself.
The Yang di-Pertuan Agong's Prerogative Powers

The Federal Constitution, specifically Article 42(1), enshrines the prerogative powers of the Yang di-Pertuan Agong to grant pardons. These powers are a fundamental aspect of the monarch's role within the Malaysian constitutional framework. While the Agong holds this authority, the exercise of these powers is not absolute and is subject to specific constitutional provisions.
The Role of the Pardons Board

Article 42 of the Federal Constitution further stipulates that the Yang di-Pertuan Agong, the Malay rulers, and the governors are to be part of the Pardons Board. This collective body convenes to deliberate on pardon requests. Recent High Court interpretations have emphasised that decisions regarding pardons must be made through the established procedures of this board, ensuring a structured and constitutional approach to such matters.
Constitutional Requirements for Exercising Pardon Powers

The High Court's interpretation in a recent case highlighted that the implementation of the YdPA's, Malay rulers', and governors' powers in deciding on pardons must adhere strictly to the requirements of Article 42. This means that any pardon granted, or related decisions such as house arrest orders, must be made through the formal processes of the Pardons Board. Decisions made outside of these constitutional procedures, as seen in the context of a specific house arrest order that was not discussed or decided by the board, were deemed not to be in line with Article 42. This approach, rather than diluting the royal institution's powers, serves to strengthen and validate their role within the constitutional framework of pardon applications.

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How does Article 42 of the Federal Constitution govern pardon powers?

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