How does Article 48 of the Federal Constitution affect disqualification?

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Article 48 of the Federal Constitution outlines the conditions under which a Member of Parliament can be disqualified and provides a mechanism for the cancellation of such disqualification.

Article 48(1)(e) of the Federal Constitution establishes that an individual is disqualified from being a Member of Parliament if they are sentenced to imprisonment for a term of not less than one year, or if they are fined RM2,000 or more, and have not received a free pardon. This provision directly addresses the loss of eligibility for parliamentary membership based on specific criminal penalties. However, the Constitution also offers a pathway to overcome such disqualification.
Conditions for Disqualification

Under Article 48(1)(e), disqualification is triggered by a jail sentence of at least one year or a fine of RM2,000 or more. Crucially, this disqualification is nullified if the individual in question has received a free pardon. The absence of such a pardon means the disqualification remains in effect, preventing the individual from serving as a Member of Parliament.
Mechanism for Cancelling Disqualification

Article 48(3) provides a method for an individual to have their disqualification cancelled, even without the necessity of a free pardon. This process involves making an application for the cancellation of disqualification. If this application is successful, the individual's eligibility to be a Member of Parliament can be restored.
Ambiguity Regarding "Free Pardon"

The Federal Constitution, while mentioning a "free pardon" in the context of disqualification, does not explicitly define its meaning. Furthermore, the Constitution is silent on whether this term is directly linked to the processes of the Pardons Board as outlined in Article 42, or if it has a specific interpretation that must be determined by the courts. This lack of explicit definition can lead to differing interpretations regarding its application in cancelling disqualifications.

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How does Article 48 of the Federal Constitution affect disqualification?

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