Islamabad: The Supreme Court of Pakistan has ruled that it and the Federal Constitutional Court function as independent yet cooperative institutions, rejecting any notion of subordination between them.
Clear division of constitutional and general jurisdiction
A two-member bench led by Chief Justice Yahya Afridi issued the detailed verdict while deciding petitions challenging a ruling of the Peshawar High Court. The court clarified that, following the 27th Constitutional Amendment, the Federal Constitutional Court holds exclusive authority over constitutional matters.
Moreover, the ruling stated that decisions of the constitutional court will bind other courts on legal principles. However, Article 189 does not place one court above another. Consequently, the Supreme Court retained jurisdiction over general civil and regular appeals, ensuring a balanced judicial framework.
The bench further noted that combining constitutional and non-constitutional cases could create legal complications. Therefore, it directed that such cases must be separated and sent to appropriate forums for adjudication.
Framework to avoid conflicts and ensure coordination
In addition, the court emphasized adopting the principle of judicial deference to prevent conflicting rulings. Both courts, it said, must respect each otherโs jurisdiction while maintaining institutional harmony.
Furthermore, appeals arising from constitutional petitions under Article 199 will now be heard by the Federal Constitutional Court. Appeals against constitutional decisions of high courts will also stand transferred accordingly.
However, the judgment clarified that certain matters, including tenancy and specific family disputes, will remain ุฎุงุฑุฌ the constitutional courtโs scope.
Overall, the ruling establishes a clearer judicial structure, aiming to enhance efficiency, reduce overlap, and ensure consistency in Pakistanโs legal system.
