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PESHAWAR, Nov 12 (APP):The proposal to establish a Federal Constitutional Court (FCC) through the 27th constitutional amendment, recently passed by the Senate of Pakistan, is being widely hailed as a landmark legislative reform aimed at strengthening constitutional adjudication, enhancing harmony among federating units, and provide speedy justice to the litigants.
Constitutional expert, Syed Noman Bukhari advocate, speaking to APP, described the FFC initiative as “a vital recalibration of Pakistan’s judicial structure” that seeks to separate constitutional interpretation from appellate adjudication, which is a key distinction that shaped modern judiciaries across many democratic nations including Italy and Turkiye.
“Pakistan’s evolving constitutional democracy demands a judicial structure that is both responsive and specialized for quick service delivery.
The establishment of the FCC represents a key transformative step toward strengthening constitutional adjudication, accelerating justice delivery, and harmonizing the federal structure of the governance,” Noman Bukhari said.
He reiterated that Pakistan’s current judicial system, inherited from the colonial era, centralizes all appellate and constitutional jurisdictions within the Supreme Court under Article 175(1) of the Constitution.
The introduction of a constitutional bench through the 26th amendment was an earlier attempt to address this major challenge, but according to Noman Bukhari, “it proved neither satisfactory nor sustainable results.”
The proposed 27th amendment, he said, corrects these anomalies by establishing a distinct constitutional court with clearly defined powers without diminishing the authority or prestige of the Supreme Court.
“There is no doubt that Supreme Court will remain the final appellate forum for civil, criminal, tax, corporate, and special law matters under Article 185, while the new Federal Constitutional Court will exclusively handle constitutional interpretation, federal–provincial disputes, advisory opinions, and appeals arising from high court decisions under Article 199,” he explained.
Former Chairman of the Political Science Department at University of Peshawar, Professor Dr. A.H. Hilali, described the FCC judicial reform as a necessary modernization aligned with global constitutional traditions.
“This key reform introduces clarity where confusion once prevailed. It is not about creating competing courts but about establishing coherence and reinforcing the constitutional promise that justice remains accessible, independent, and swift for all citizens,” Dr. Hilali reiterated.
Legal scholars agreed that the 27th constitutional amendment strikes a careful balance by preserving the Supreme Court’s appellate primacy while creating a specialized institution to uphold constitutional supremacy.
This structural evolution, they said, marks a decisive step toward a more efficient, coherent, and responsive judicial system in Pakistan.
Constitutional expert, Hilal Khan advocate termed the Senate’s approval of the 27th amendment is a significant milestone,” adding that the proposed structure mirrors established global practices in countries such as Germany, Italy, and Turkiye.
Under the proposed Article 175B, he said FCC will exercise original jurisdiction over constitutional interpretation, federal–provincial relations, enforcement of fundamental rights of national importance, and presidential advisory references.
Appeals from High Court judgments under Article 199 will also fall within its purview, ensuring consistency and uniformity in constitutional doctrine besides cases backlog in SC will be cleared on fast track basis.
“The Supreme Court’s appellate jurisdiction under Article 185 remains intact,” Hilal Khan advocate emphasized. “The FCC’s interpretations, however, will be final and binding on all state organs in matters within its exclusive domain, ensuring judicial coherence, harmony among federating units and constitutional supremacy.”
He maintained that establishing provincial constitutional courts or benches to handle provincial constitutional matters, local government disputes, and fundamental rights enforcement at the provincial level will help promote accessibility and reduce the burden on federal institutions.
Legal experts reiterated that such decentralization aligns with Articles 142 and 146 of the constitution, which emphasize legislative and administrative federalism while maintaining overarching constitutional harmony under the FCC.
They identified multiple benefits of the proposed court includes institutional specialization in constitutional law, federalism, and human rights, expeditious justice by reducing the Supreme Court’s workload, enhanced federal harmony through structured dispute resolution between the federation and provinces, predictable jurisprudence with consistent and focused interpretation of constitutional principles and strengthened public confidence in judicial independence and accountability.
The experts referred to comparative examples from Italian Corte Costituzionale, Turkish Constitutional Court, and other jurisdictions, which demonstrate the functional success of having separate constitutional tribunals alongside supreme appellate courts.
Experts further clarified that the FFC reform does not alter the process of judicial appointments or tenure protections; rather it focuses solely on institutional design, adding all safeguards under articles 175 and 209 of the constitution will remain intact, ensuring independence and integrity of judiciary in Pakistan.