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 ) ]

---

Further banter :

38.6.f : refers very specifically to 42.12. ( and not to 42. entirely ). 42.12., is where the COR (not YDPA) is convened to exercise the power of pardon over a royal party (possibly the YDPA themselves), and certainly in this special situation the COR is not subject to advice under 40.1. With regards to the general exercise by the YDPA over a non-royal, imho, the YDPA must consider 40.1