Royal Power of Pardon Under Article 42 Is Not ‘Above the Law’, Says Azalina

KUALA LUMPUR, Sept 19 — The power of pardon provided under Article 42 of the Federal Constitution should not be portrayed as an act of placing anyone “above the law,” Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said affirmed today.

Azalina, who is also UMNO Information chief, emphasized that while the principle of the rule of law is indisputable—meaning no individual, government, or institution stands above the law—the Federal Constitution remains the supreme law of the land, binding all parties to its provisions.

“In respect of offences committed in the Federal Territories, Article 42 provides for the Yang di-Pertuan Agong’s power of pardon and establishes the constitutional framework of the Pardons Board,” Azalina said in a statement. “It is therefore inappropriate to portray the exercise of a constitutional power of pardon as an act of being ‘above the law’.”

Addressing ongoing public discourse, Azalina clarified that judicial decisions and the pardoning process are distinct mechanisms within the legal system. She noted that while courts exercise judicial functions in determining guilt and passing sentence, Article 42 establishes a separate constitutional framework governing pardons, reprieves, and remissions.

She stressed that the existence of royal pardon powers does not disregard judicial findings, nor does it place any individual above legal accountability. She urged all parties to understand the respective roles of the Pardons Board, the Attorney General, and the relevant minister in accordance with the prescribed constitutional text rather than through political interpretation or perception.

Azalina reiterated that existing procedures regarding the Pardons Board are carried out in full compliance with the Federal Constitution and prevailing laws, calling on all parties to respect court decisions alongside constitutional processes.

“Any question concerning the validity, legal effect or process of any action must be assessed based on the text of the Constitution, the facts and the actual process followed, and not merely on political statements,” she added. “No one is above the law, and no one is above the Constitution.”

The statement follows the decision by His Majesty Sultan Ibrahim, King of Malaysia, to grant former prime minister Datuk Seri Najib Tun Razak a conditional pardon, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to paying an RM50 million fine. The Legal Affairs Division (BHEUU) of the Prime Minister’s Department confirmed that the decision was finalized at the 64th meeting of the Federal Territories Pardons Board held at Istana Negara yesterday.

–NMT