Chief Justice of Pakistan Yahya Afridi has ruled that the Supreme Court (SC) and the Federal Constitutional Court (FCC), established under the 27th Constitutional Amendment, function as coordinate courts with clearly defined and separate jurisdictions rather than as hierarchical institutions.
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In a detailed 13-page judgment, the chief justice clarified that both courts operate independently within their respective constitutional domains and are not positioned as appellate forums for each other.
The ruling came in response to petitions linked to a consolidated judgment of the Peshawar High Court. A two-member bench comprising CJP Afridi and Justice Shahid Bilal Hassan issued the decision, outlining how jurisdictional boundaries should be interpreted following recent constitutional changes.
The court observed that the 27th Amendment introduced a new judicial structure in which the FCC was assigned exclusive authority over constitutional matters, including disputes between federal and provincial governments, enforcement of fundamental rights, and public interest litigation.
According to the judgment, the Supreme Court retains jurisdiction over regular civil and criminal appeals under Article 185 of the Constitution, while the FCC handles constitutional writ matters under the revised framework.
The ruling emphasized that Article 189 of the Constitution ensures consistency in legal principles across courts but does not create a hierarchy in which one apex court is subordinate to the other.
CJP Afridi noted that both courts exercise “exclusive competence” over their respective categories of cases, and any interpretation suggesting subordination would contradict the constitutional text.
The judgment also addressed procedural concerns regarding “clubbed” cases, directing that writ and non-writ matters must be separated and routed to their appropriate forums. It warned that overlapping jurisdictions could potentially lead to conflicting decisions unless properly managed.
The court further clarified that contempt proceedings arising from regular cases would remain within the Supreme Court’s jurisdiction, while matters falling under constitutional writ jurisdiction would be handled by the FCC.
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Legal experts view the ruling as a significant clarification of Pakistan’s evolving judicial structure following the 27th Amendment, aimed at defining institutional boundaries and reducing jurisdictional overlap between the two apex courts.