ISLAMABAD: The Supreme Court of Pakistan has ruled that the Supreme Court and the newly established Federal Constitutional Court (FCC) are not subordinate to each other, describing both institutions as “co-operative courts”.
In a detailed judgment addressing jurisdictional questions after the 27th Constitutional Amendment, a two-member bench headed by Chief Justice Yahya Afridi ruled on petitions related to a Peshawar High Court decision.
The court observed that Article 189 does not create a hierarchy between the two courts, adding that both forums must respect each other’s jurisdiction to avoid conflicting rulings.
According to the judgment, constitutional cases will fall under the jurisdiction of the Federal Constitutional Court, while the Supreme Court will continue to hear regular civil and criminal appeals.
It further stated that FCC decisions on constitutional legal principles will be binding on other courts, while the Supreme Court will retain authority over general appellate matters.
The court noted that mixing constitutional and non-constitutional matters could create legal complications, directing that such cases be separated and assigned to the appropriate forum.
It also clarified that appeals under Article 199 involving constitutional questions will be heard by the FCC, while tenancy and certain family matters will remain outside its jurisdiction.
The ruling emphasized the principle of “judicial deference” to ensure smooth functioning between both courts and prevent conflicting interpretations of law.
