[Article 40]
Federal Constitution
46
accordance with advice, on advice, or after considering advice,
the Yang di-Pertuan Agong shall accept and act in accordance
with such advice.
(2) The Yang di-Pertuan Agong may act in his discretion in
the performance of the following functions, that is to say:
(a) the appointment of a Prime Minister;
(b) the withholding of consent to a request for the dissolution
of Parliament;
(c) the requisition of a meeting of the Conference of Rulers
concerned solely with the privileges, position, honours
and dignities of Their Royal Highnesses, and any action
at such a meeting,
and in any other case mentioned in this Constitution.
(3) Federal law may make provision for requiring the Yang
di-Pertuan Agong to act after consultation with or on the
recommendation of any person or body of persons other than the
Cabinet in the exercise of any of his functions other than—
(a) functions exercisable in his discretion;
(b) functions with respect to the exercise of which provision
is made in any other Article.
Supreme command of armed forces
41. The Yang di-Pertuan Agong shall be the Supreme Commander
of the armed forces of the Federation.
Power of pardon, etc.
42. (1) 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 respect of all other offences committed
in his State.
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