What is the consequence of being sentenced to prison without a royal pardon for a Member of Parliament?

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A Member of Parliament sentenced to prison without a royal pardon faces disqualification and a five-year bar from holding office.

Article 48(1)(e) of the Federal Constitution stipulates that a Member of Parliament (MP) is disqualified if they are sentenced to at least one year in prison and have not received a free pardon. Furthermore, Article 48(3) clarifies that an individual is barred from becoming an MP for a period of five years following such a sentence, provided no royal pardon is granted. This means that even after serving a prison sentence, the absence of a royal pardon carries specific disqualifications for parliamentary membership.
Disqualification due to imprisonment term

An MP is automatically disqualified if the sentence imposed by the court amounts to at least one year of imprisonment. This disqualification is contingent upon the absence of a free pardon from the Yang di-Pertuan Agong. The legal framework thus establishes a direct link between the severity of a custodial sentence and an individual's continued eligibility to serve as a parliamentarian.
Post-sentence prohibition from holding office

Beyond immediate disqualification, Article 48(3) imposes a further restriction. If a royal pardon is not obtained, an individual is prohibited from contesting or holding a Member of Parliament position for five years after the sentence is handed down. This extended period underscores the constitutional intent to ensure that individuals with significant criminal convictions are temporarily excluded from legislative roles.
The role of a royal pardon

A royal pardon, granted under Article 42(1) of the Federal Constitution, can negate the disqualifications outlined in Article 48. The power to grant pardons rests with the Yang di-Pertuan Agong, who must consult the Pardons Board. 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 their eligibility for public office.

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What is the consequence of being sentenced to prison without a royal pardon for a Member of Parliament?

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