The issue of royal pardon has been a hot topic following the
recent news of the Pardons Board granting pardon to Dato' Sri
Najib Tun Razak, the sixth Prime Minister who was convicted in
August 2022 under several charges including abuse of power and
criminal breach of trust linked to SRC International Sdn Bhd, a
former unit of 1 Malaysia Development Bhd (1MDB). This article will
discuss in depth the power of pardon through the lens of Malaysian
constitutional law.
Under Malaysian law, the royal prerogative of mercy or known as
‘pardon' is contained in Article 42 of the Federal
Constitution. Clause (1) of that Article states that:
The Yang di-Pertuan Agong has power to grant pardons, reprieves
and respites in respect of all offences which have been tried by
court-martial and all offences committed in the Federal territories
of Kuala Lumpur, Labuan and Putrajaya; and the Ruler or Yang
di-Pertua Negeri of a State has power to grant pardons, reprieves
and respites in
