Sharif orders removal of proposed immunity for prime ministers in constitutional amendment

Sharif orders removal of proposed immunity for prime ministers in constitutional amendment

By Staff Reporter

ISLAMABAD: Prime Minister Shehbaz Sharif on Sunday directed the immediate removal of a proposed clause in a sweeping constitutional amendment that would have granted him immunity from prosecution, declaring that an elected leader must remain “fully accountable” to the law and the public.

The decision came amid intensifying debate over the 27th Constitutional Amendment, a package of changes that includes the establishment of a Federal Constitutional Court, revisions to the process for appointing high court judges, an increase in the size limit for provincial cabinets and alterations to the structure of military leadership. The bill also contains provisions offering lifelong constitutional protections to military officers elevated to the highest five-star ranks — field marshal, marshal of the air force or admiral of the fleet — allowing them to retain their titles, privileges and uniforms for life, with removal possible only through an impeachment-style process akin to that outlined in Article 47 of the Constitution.

In a post on X, formerly Twitter, Sharif said he had learned upon returning from a trip to Azerbaijan that senators from his own party had introduced the immunity measure for the prime minister. “While I acknowledge their intent in good faith, the proposal was not part of the Cabinet-approved draft,” he wrote. “I have instructed that it be withdrawn immediately.” He added: “As a matter of principle, an elected prime minister must remain fully accountable, both before the court of law and the people.”

Speaking separately to reporters on Sunday, Law Minister Azam Nazeer Tarar said Sharif had earlier conveyed to him that “he had no interest in getting immunity,” given the executive responsibilities inherent in his position. “The other positions being granted immunity do not have any executive functions,” Tarar explained. The immunity protections proposed for the five-star military officers would mirror those afforded to the president under Article 248 of the Constitution, which states that “no criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office.”

Sharif’s move arrives as committees in the Senate and the National Assembly press ahead with deliberations on the amendment bill, which has stirred sharp divisions in Pakistan’s fractious political landscape. Elected as the country’s 24th prime minister following the 2024 general elections, Sharif himself could face removal through a no-confidence vote under Article 95 of the Constitution, which permits such a motion if supported by at least 20 percent of the National Assembly’s total membership.

Pakistan’s Constitution, adopted in 1973, has undergone more than two dozen amendments, many of which have reflected the perennial tug-of-war between civilian administrations and the powerful military establishment. Among the most contentious elements are those touching on the National Finance Commission award, which allocates resources among provinces and is seen as a cornerstone of the nation’s federal framework and provincial autonomy.

The proposed changes have drawn fierce opposition from a multiparty coalition known as the Tehreek-e-Tahaffuz-e-Ayeen-e-Pakistan, or Movement for the Protection of the Constitution of Pakistan. On Saturday, the alliance announced plans for nationwide protests against the bill. “The constitution is being tampered with,” Mahmood Khan Achakzai, a senior figure in the opposition group, said in a post on X. “Our own parliament is attacking the constitution, so we have no other option, we will go to the people.”

Copyright © 2021 Independent Pakistan | All rights reserved