Sat, April 12 2025

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ARTICLE 248 SOVEREIGN IMMUNITY

Article 248 of constitution of Pakistan is inclined towards the sovereign immunity which has extracted the concept from Islamic legal perspective. This commands that sovereignty belongs to Allah Almighty and no person – king or elected-person but, The Quranic commands are binding on all. However the concept of rule of law in Islam begins with the individual who judges themselves according to the laws revealed by Allah. Supremacy of Allah and his sovereignty is dominated over human-made laws. Hypocritical the rulers/law-makers of this Land of the Pure are: preamble of 1973 Constitution starts with the words that “sovereignty over the entire universe belongs to Almighty Allah alone”, but they claim immunity for president/governors from criminal proceedings in utter violation of Quranic injunctions. Moreover, the article discusses the waiver from criminal proceedings available to the president of Pakistan under article 248(2) of the constitution of Pakistan 1973. Article 248 supports that there shall be no criminal proceedings against the President, Governer, Prime minister, Minister of state, Chief minister , Provincial minister whatsoever. It is essential to recognize that this immunity is not absolute and has its limitations within the constitutional framework. The topic of sovereign immunity has remained controversial debate in Pakistan and the article sheds light on its appropriate implications.

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