Law: Constitution of Pakistan, 1973

Section: 47,199,248,248(1)

(a) Martial Law Order [C.M.L.A.'s] No. 31, paras. 3 & 5 read with Constitution of Pakistan (1973), Art. 248-Court-Disqualification Tribunal constituted under para. 3A Court-Mere fact of such forum being known as 'Tribunal' and not 'Court'-Does not in any way detract from its status as Court Article 248, Constitution of Pakistan (1973), held, attracted to its jurisdiction in exercise of its authority. (b) Constitution of Pakistan (1973)- .-- Arts. 248 & 47 read with Government of India Act, 1935, S. 306 Immunity, duration of--Article 248, Constitution of Pakistan (1973) and S. 306, Government of India Act, 1935 being couched in present tense applicable only to persons actually holding office at tune of invocation of protection of such Article or section-Legislature being not ignorant of S. 306, Government of India Act, 1935, omission of words "against any person who has been" from Art. 248(1), held, clearly shows Constitution-maker's intention to limit protection only to period during which dignitary concerned served and such immunity vanishes once such person removed from office or ceased to hold office for any other reason.-[Interpretation of statutes Immunity]. Article 248(1), Constitution of Pakistan (1973) is more in the nature of a corollary or implementation of the provisions of Article 47. In the case of the Prime Minister Article 96 provides for a vote of no-confidence for his removal from his office. Here again, a forum has been provided for dealing with a delinquent Prime Minister and for removing him from his office in consequence of a resolution passed by the National Assembly. Since such a high powered body had been given the jurisdiction and authority to deal with the Prime Minister who was misconducting himself, it was considered to be meet and proper that during the time such a forum was available no Court or other authority should be allowed to take upon itself to perform this duty. This forum was available only so long as the Prime Minister held the office because once he laid the reins of his office he was no longer the Prime Minister and the question of his removal did not arise. Article 248(1) of the Constitution, therefore, dealt…

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