Why is Anwar the first Prime Minister on the Pardons Board?

By now, you’ve probably heard that Najib is seeking for a royal pardon, and the Pardons Board – which includes the Yang di-Pertuan Agong and Anwar – will be deliberating on the matter. Understandably, local netizens have been freaking out on social media and asking, “Why is Anwar on the Pardons Board?”

Well, the thing is… he’s actually not there by choice.

The law says that Anwar HAS to be on the Pardons Board

Before we go on, we gotta talk about what royal pardons are. So a royal pardon is sort of a ‘get out of jail card’ for convicted criminals. If you were supposed to be imprisoned for life, for example, you’re free once you’ve been pardoned. And as you might’ve already known, the Agong has the power to grant royal pardons… but that only extends to KL, Labuan and Putrajaya. The power to grant pardons in all other states are in the respective hands of the Sultans and Yang di-Pertua Negeris.

The Pardons Board’s role in all this is to advise the Rulers on matters of royal pardons, and according to Article 42(5) of the Federal Constitution, every Pardons Board should consist of:

• the Attorney-General of the Federation (or his representative);
• the Chief Minister of the State/the Federal Territories Minister; and
• not more than three other members appointed by the Yang di-Pertuan Agong/Ruler/Yang di-Pertua Negeri

Notice how the list doesn’t contain the words ‘Prime Minister’ anywhere on it. So, why does Anwar have to be on the Pardons Board? See, Najib’s crime was committed in KL, so the Federal Territories Minister has to be on the Pardons Board for his pardon petition, but… there is no Federal Territories Minister at the moment.

That’s because the Federal Territories Minister was absorbed into the Prime Minister’s Department, making Anwar the de facto Federal Territories Minister… and the first Prime Minister to be on a Pardons Board, as far as we know.

It’s not like he’s on the Pardons Board for political reasons… as far as we know. Even if he is, and y’all are worried that he’ll influence the Agong’s decision…

The Agong does NOT have to listen to the Pardons Board

Perhaps owing to his position as a monarch, there are no set guidelines or regulations or rules or procedures for the Agong’s decision making process on royal pardons. His Majesty simply chooses who, when and how His Majesty wants to give out the pardons. His Majesty can technically ignore the Board and do what His Majesty wants, even though the Pardons Board is there to provide advice.

It’s also not possible to challenge royal pardons via the courts – the Federal Court made this pretty clear back in 2002. Once a royal pardon is given, that’s it. There’s nothing anyone can do to reverse it. And there you have it, folks. Now, all that’s left is to see whether Najib is gonna get a royal pardon or not. We’re betting on no, but hey, feel free to leave your thoughts in the comments.