2025-01-07 at

Legal Study on the Subjectivity of the YDPA to Advice regarding the Power to Pardon

 [ UPDATED ]

Constitution of Malaysia, Section 42. Here's a curiosity I found today. The Agong is not bound by a Pardons Board's advice on Federal pardons. Whereas a StateRuler is bound by a Pardon Board's advice for State pardons.

The YDPA is subject to advice. But it appears this advice falls under 40.1., which is advice from the Cabinet/Minister. Not advice from the Pardons Board per se (if the Cabinet/Minister's advice is expressed via the Pardons Board, then this must be made clear to all.)

Brief argument :

  • ... 42.4.a. says : refer to 40.3 ( not subject to advice from Pardons Board )
  • ... 40.3. says : we are allowed to create laws requiring an advisor ( legal research required to produce a list of relevant laws )
  • ... but 40.1. is overarching and broader than 40.3. : even if no specific advisor is required, the YDPA generally is limited by advice from the Cabinet/Minister ... 
    • [ except for the three matters listed in 40.2 ( appointing PM, dissolving Parliament, one specific Royal matter ) ]

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