Save Our Pak
Islamabad (7 May 2026): The Supreme Court of Pakistan has issued an important decision regarding the powers and jurisdiction of the Supreme Court and the Federal Constitutional Court after the 27th Constitutional Amendment.
According to ARY News, a two-member bench led by Chief Justice Yahya Afridi released a detailed verdict on the matter.
The decision stated that the Supreme Court and the Federal Constitutional Court are equal courts and neither court works under the other. It also said that legal principles decided by the Federal Constitutional Court will be binding on other courts.
The Supreme Court explained that Article 189 does not place one court above another. The verdict warned that hearing constitutional and non-constitutional cases together could create legal complications.
According to the ruling, constitutional matters will now be heard by the Federal Constitutional Court, while regular civil and non-constitutional cases will continue to be handled by the Supreme Court. Both types of cases will be sent to separate forums.
The judgment also stressed the principle of “judicial respect” to avoid conflicting decisions. Both courts will respect each other’s authority while giving judgments.
The Supreme Court further stated that appeals filed under Article 199 related to constitutional petitions will be heard by the Federal Constitutional Court. However, regular civil appeals and other routine matters will remain under the authority of the Supreme Court.
The detailed verdict added that after the 27th Constitutional Amendment, the Federal Constitutional Court has received special constitutional powers. Appeals against constitutional decisions made by High Courts will now be considered transferred to the Federal Constitutional Court.
However, some matters such as tenancy disputes and certain family-related cases will remain outside the jurisdiction of the Federal Constitutional Court.
The Supreme Court also ordered that cases connected with the combined decision of the Peshawar High Court should be separated. It clarified that civil appeals will continue to be heard by the Supreme Court.
The court further directed that appeals related to constitutional petitions should be transferred to the Federal Constitutional Court. It also stated that contempt of court cases will only be heard by the same court whose order was violated.
According to the ruling, contempt proceedings related to violations of Supreme Court orders will remain under the Supreme Court because contempt powers are directly linked to the dignity and authority of the court.
Reported by Save Our Pak
