Under which article of the Federal Constitution is the power to grant a royal pardon found?

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Accepted Answer

Article 42(1) of the Federal Constitution provides the power to grant a royal pardon.

The Federal Constitution of Malaysia, specifically under Article 42(1), outlines the authority vested in the Yang di-Pertuan Agong to grant pardons. This constitutional provision details the scope and nature of this executive power, which extends to various offences and situations.
Authority for Pardons

Article 42(1) of the Federal Constitution explicitly states that the Yang di-Pertuan Agong possesses the power to grant pardons, reprieves, and respites. This authority applies to all offences tried by court-martial and those committed within the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya. For offences committed within a specific state, the power rests with the Ruler or Yang di-Pertua Negeri of that state.
Process and Consultation

While the power to grant a pardon resides with the Yang di-Pertuan Agong, it is not an automatic right. The process requires a formal petition, which can be initiated soon after conviction, with subsequent petitions permissible under specific circumstances outlined in Regulation 113 of the Prison Regulations 2000. Crucially, before considering a pardon, the Yang di-Pertuan Agong must consult and be advised by the Pardons Board. This board comprises the Attorney-General, the Chief Minister of the relevant state or Minister of the Federal Territory, and up to three appointed members. The written opinion of the Attorney-General is also a key consideration, as affirmed in judicial cases.
Nature of Royal Prerogative

The act of granting a royal pardon is recognised as a "royal prerogative of mercy." This means it is an executive decision distinct from judicial rulings, allowing for considerations beyond the strict legal evidence presented in court. Historical instances, such as the cases of Dato Moktar Hashim and Dato Seri Anwar Ibrahim, illustrate that royal pardons have been granted, enabling individuals to regain rights and freedoms, including the ability to stand for election, by overcoming disqualifications associated with convictions.

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Under which article of the Federal Constitution is the power to grant a royal pardon found?

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