The Supreme Court of Pakistan has ruled that the Supreme Court and the newly established Federal Constitutional Court (FCC) operate as “coordinate courts” under separate constitutional jurisdictions, with neither institution being subordinate to the other.
The ruling came during the hearing of multiple petitions before a two-member bench comprising Chief Justice Yahya Afridi and Justice Shahid Bilal Hassan. The court clarified the jurisdictional framework introduced under the 27th Constitutional Amendment, passed in November last year, which created the FCC with equal provincial representation.
The judgment arose from proceedings originating in a Peshawar High Court decision, where writ and civil matters had been combined and later challenged before the Supreme Court.
The apex court ruled that, following the constitutional amendment, jurisdiction has now been clearly divided: writ petitions under Article 199 fall within the exclusive domain of the FCC, while regular civil and appellate matters continue to be heard by the Supreme Court under Article 185.
According to the judgment, all writ proceedings—except those relating to rent and family disputes—are to be transferred to the Federal Constitutional Court, while ordinary appellate matters remain with the Supreme Court.
The court further observed that Article 175F, inserted through the amendment, establishes a separate constitutional forum with defined appellate authority. It stated that appeals arising from High Court decisions under Article 199 now lie with the FCC, except in specified categories.
The Supreme Court emphasized that both institutions function independently and that Article 189 on binding precedents does not create hierarchical subordination between them. Instead, each court’s decisions remain binding only within their respective legal scope.
To prevent jurisdictional overlap and conflicting rulings, the court directed that all improperly clubbed cases be separated and routed to their appropriate forums under the revised constitutional structure.
The judgment also invoked judicial comity, urging both apex courts to exercise restraint to avoid contradictory interpretations on overlapping legal issues.
In its order, the Supreme Court clarified that contempt proceedings relating to its own judgments will continue to fall under its exclusive jurisdiction, as such powers are tied to the authority of the issuing court.
The ruling marks a significant clarification of Pakistan’s post-amendment judicial structure, formally defining the operational boundaries between the Supreme Court and the Federal Constitutional Court.