Supreme Court Clarifies Jurisdiction of SC and Federal Constitutional Court Under 27th Constitutional Amendment

The Supreme Court of Pakistan has clarified the jurisdictional framework between the Supreme Court (SC) and the Federal Constitutional Court (FCC), stating that both institutions operate as equal constitutional bodies and are not subordinate to each other.

A detailed verdict issued by a division bench headed by Chief Justice Yahya Afridi explained that “Article 189 doesn’t offer subordination of the one court to other.” The judgment emphasized that each court will function within its defined constitutional domain.

The ruling further stated that the Federal Constitutional Court’s decisions will be enforceable across other courts, while appeals related to constitutional matters under Article 189 will fall under the FCC’s jurisdiction.

According to the verdict, constitutional petitions will be heard by the FCC, whereas regular civil and general appeals will remain under the Supreme Court. The bench also directed that mixed or clubbed cases must be separated and sent to the appropriate forums for hearing.

To avoid conflicting judgments, the court highlighted that the principle of “judicial respect” will be followed, ensuring both courts operate within their constitutional limits while respecting each other’s decisions.

The judgment also clarified that the FCC will hear appeals under Article 199 following the 27th Constitutional Amendment, which defines its special constitutional authority.

Additionally, contempt of court cases will be handled by the court whose original order was violated. The ruling also instructed lower courts, including the Peshawar High Court, to de-club relevant cases and distribute them according to jurisdiction.

The decision marks a significant step in defining judicial structure and ensuring clarity in Pakistan’s constitutional and legal system.