The Supreme Court of Pakistan has issued an important ruling clarifying the jurisdictional boundaries between the Supreme Court and the newly formed Federal Constitutional Court. The judgment confirms that both courts are independent and equal, with neither being subordinate to the other.
The decision was delivered by a two member bench led by Chief Justice Yahya Afridi and Justice Shahid Bilal Hassan. The court explained that after the 27th Constitutional Amendment, Pakistan’s judicial system now operates with two separate apex courts, each handling specific types of cases.
According to the ruling, constitutional writ petitions filed under Article 199 will now fall exclusively under the jurisdiction of the Federal Constitutional Court. On the other hand, regular civil cases and appeals will continue to be heard by the Supreme Court under Article 185. This clear separation is aimed at improving efficiency and avoiding confusion in the legal system.
The case originated from a decision of the Peshawar High Court, where both constitutional and civil matters were combined and later brought before the Supreme Court. The apex court strongly criticized this approach and ordered that such cases must be separated and assigned to their respective forums.
The judgment also highlighted Article 175F, introduced through the amendment, which formally established the Federal Constitutional Court with defined powers. It clarified that appeals related to constitutional matters from high courts will now be transferred to this new court, except for cases involving family and rent disputes.
Importantly, the court emphasized that neither court can act as an appellate authority over the other. Both institutions must follow the principle of judicial comity, ensuring respect and coordination to avoid conflicting judgments.
To prevent legal complications, the Supreme Court directed that all pending combined cases must be de clubbed and redistributed according to the new framework. This landmark decision is expected to bring clarity, balance, and efficiency to Pakistan’s judicial system.
