SC declares FCC a coordinate court with separate jurisdiction

ISLAMABAD: The Supreme Court of Pakistan has ruled that it and the Federal Constitutional Court are “coordinate courts” operating within distinct constitutional jurisdictions, with neither subordinate to the other.

A two-member bench comprising Chief Justice Yahya Afridi and Justice Shahid Bilal Hassan issued the verdict while hearing a set of petitions, clarifying the legal framework following the 27th Constitutional Amendment.

The court ruled that constitutional “writ proceedings” under Article 199 would fall exclusively within the jurisdiction of the Federal Constitutional Court, while regular civil and appellate matters would continue to be heard by the Supreme Court under Article 185.

“All writ proceedings, except those relating to rent and family matters, are within the jurisdiction of the Federal Constitutional Court, whereas all regular proceedings are within the jurisdiction of the Supreme Court,” the judgment stated.

The bench noted that Article 175F — introduced through the amendment — established a separate constitutional forum with clearly defined appellate powers, transferring appeals arising from High Court writ judgments to the FCC.

The ruling emphasised that the post-amendment structure creates two independent apex courts rather than a hierarchical system.

The court also clarified that Article 189, which governs binding precedents, does not place one court above the other. Instead, both courts’ decisions would carry authority on legal principles without either acting as an appellate forum over the other.

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To prevent jurisdictional conflicts, the Supreme Court directed that combined cases involving both writ and regular proceedings must be separated and sent to their respective forums.

The judgment further invoked the principle of judicial comity, urging both courts to exercise restraint and coordination to avoid contradictory rulings.

Applying these principles, the court ordered that civil appellate matters remain before the Supreme Court, while writ petitions be transferred to the Federal Constitutional Court.

It also ruled that contempt proceedings related to Supreme Court orders would remain under its jurisdiction, as such powers are tied to the authority of the issuing court.