Supreme Court Clarifies Jurisdiction With Constitutional Court

ISLAMABAD: (Web Desk) – The Supreme Court of Pakistan has ruled that it and the Federal Constitutional Court operate as co-equal institutions, stating that neither court is subordinate to the other following the 27th Constitutional Amendment.

A detailed judgment was issued by a two-member bench headed by Chief Justice Yahya Afridi in petitions challenging a decision of the Peshawar High Court.

In its ruling, the Supreme Court clarified that both courts have distinct but complementary roles, with constitutional matters falling under the jurisdiction of the Federal Constitutional Court, while the Supreme Court continues to handle regular civil and appellate cases.

The judgment emphasized that neither institution is hierarchically superior, and both must respect each other’s jurisdiction to avoid legal conflict. It introduced the principle of judicial deference to ensure consistency and prevent contradictory rulings.

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According to the decision, constitutional petitions filed under Article 199 will now be heard by the Federal Constitutional Court, while general appeals and civil matters will remain within the Supreme Court’s jurisdiction.

The court further stated that the Federal Constitutional Court will have exclusive authority over constitutional questions following the 27th Amendment. However, certain matters such as tenancy and selected family disputes will remain outside its jurisdiction.

The ruling also directs lower courts to separate mixed cases, ensuring constitutional and non-constitutional matters are heard by the appropriate forums to maintain legal clarity and efficiency.