THE full royal pardon granted to Datuk Seri Anwar Ibrahim in 2018 nullified all legal consequences of his prior conviction, effectively restoring his right to contest elections and serve as Prime Minister, according to constitutional law expert Prof Emeritus Datuk Dr Shad Saleem Faruqi.
In an opinion piece published by Bernama, Shad Saleem clarified that the pardon under Article 42(1) of the Federal Constitution not only expunges criminal convictions but also invalidates any resulting disqualifications under Article 48(1).
“Once there is a full pardon under Article 42(1), all disqualifications under Article 48(1) are annulled. There is no requirement for His Majesty the Yang di-Pertuan Agong to issue a separate order under Article 48(3) to lift the disqualification,” he stated.
The clarification comes amid renewed challenges from opposition leaders who have questioned Anwar’s eligibility under Articles 48(1)(e) and 48(3) of the Constitution.
Shad Saleem stressed that a full pardon not only relieves the individual of punishment but also removes all legal disabilities associated with the conviction.
“It includes the disqualifications that would otherwise prevent someone from contesting or holding parliamentary office. Once there is a full pardon, all such restrictions under Article 48(1) are automatically lifted,” he explained.
The legal scholar cited precedents from both Malaysia and other Commonwealth jurisdictions, including Anwar Ibrahim (2018) and Jeyaratnam v AG (1990) in Singapore, affirming that a full pardon "wipes the slate clean" in law.
He also referenced the case of DAP veteran Lim Kit Siang in 1969, whose royal pardon reinstated him as a Member of Parliament after a technical violation by his election agent had led to his disqualification.
“If the correct interpretation is that a full pardon expunges the conviction from the legal record, then any further order under Article 48(3) is entirely unnecessary,” Shad Saleem added. - August 16, 2025
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