IMMUNITY, ACCOUNTABILITY AND THE RULE OF LAW: A CONSTITUTIONAL CRITIQUE OF LIFETIME LEGAL PROTECTION UNDER THE 27TH AMENDMENT

Abstract

The 27th Constitutional Amendment is a landmark in Pakistan's legal history because it grants the President and five-star military officers lifelong immunity. This paper critically analyzes these provisions, i.e., the amendments to Articles 248 and 243, and argues that they are, in themselves, contrary to the Rule of Law and Article 25 (Equality of Citizens). The amendment creates a permanent class of citizens who cannot be charged with a crime, not only by granting immunity to the tenure of the person but also to their life. This study uses a doctrinal legal analysis to prove that this type of person-specific immunity has no rational nexus to the stability of the State and is in opposition to the Basic Structure Doctrine. The research paper avers that this lack of accountability poses a danger to the independence of the judiciary and calls upon the Supreme Court to declare these clauses null and void as ultra vires.