Yang Di-Pertuan Agong - Immunity

Immunity

In 1993, amendments to the Malaysian constitution removed the legal immunity of the Yang di-Pertuan Agong and the rulers in their personal capacity. A Special Court (Makhamah Khas Raja-raja) is established where civil and criminal proceedings can be made against a ruler with the approval of the Attorney General. The right to sue a ruler is limited to Malaysian citizens following a precedent. The Special Court also have jurisdiction where a ruler initiates legal actions against any party.

When a ruler is charged with an offence in the Special Court, he is required to stop exercising the functions of a ruler. In the event of a ruler being sentenced to imprisonment, he will cease to be a ruler unless a free pardon is granted.

The Yang di-Pertuan Agong or any ruler cannot pardon himself or his immediate family. In such case, they may request clemency from the Conference of Rulers.

The Yang di-Pertuan Agong cannot be sued in court for his actions while carrying out his official duties. Any claims can be made against the federal government.

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