27th Amendment Grants Federal Constitutional Court Authority Over Constitutional Matters
In a significant development for Pakistan's judicial framework, Minister of State for Law and Justice Barrister Aqeel Malik announced that the recently enacted 27th Amendment has conferred exclus
In a significant development for Pakistan's judicial framework, Minister of State for Law and Justice Barrister Aqeel Malik announced that the recently enacted 27th Amendment has conferred exclusive authority to the Federal Constitutional Court (FCC) to hear constitutional cases, effectively excluding the Supreme Court from this jurisdiction. Speaking on Geo News’ programme "Aaj Shahzeb Khanzada Kay Saath," Malik articulated the importance of this amendment and criticized the judges who attempted to file their petitions in the Supreme Court.
27th Amendment: New Jurisdiction for the FCC
Malik clarified, "Judges have attempted to file their petition in the Supreme Court, but the court is not the correct forum for this request." He emphasized that both the Supreme Court and the FCC have established their own procedural rules and highlighted the establishment of the FCC as the appropriate venue for all constitutional matters. He questioned the rationale behind the judges' decision to approach the Supreme Court when, according to him, their plea should have been lodged with the FCC.
Judicial Independence and Transition of Powers
The minister rejected any insinuations regarding threats to judicial independence. He noted that authority previously held by the President to transfer judges has been reassigned to the Judicial Commission. "Resigning is the judges’ prerogative," he stated, addressing concerns about misleading narratives surrounding judicial resignations.
Challenges and Resignations
In a related context, sources indicate that four judges from the Islamabad High Court—Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Saman Rafat Imtiaz, and Justice Sardar Ejaz Ishaq Khan—have prepared a challenge against the 27th Amendment, intending to file their petition in the Supreme Court. However, Supreme Court sources confirmed that no formal petition has yet been submitted. Similarly, sources within the FCC stated that no challenges had been made there either.
The passage of the 27th Amendment by the Pakistan Muslim League-Nawaz (PML-N)-led ruling coalition has introduced substantial changes to the country's judicial structure, including the establishment of the FCC with equal representation from all provinces. This amendment not only permitted the FCC to exercise suo motu powers upon petitions but also resulted in the reconfiguration of the judicial appointment process, with significant roles assigned to the President and the Prime Minister. The amendment curtails certain powers of the Supreme Court and transfers some of its authority to the FCC.
In the wake of this judicial overhaul, Supreme Court judges Justice Mansoor Ali Shah and Justice Athar Minallah submitted their resignations to President Asif Ali Zardari, citing the 27th Amendment as a "grave assault on the Constitution of Pakistan." The federal government has dismissed these resignations as mere "political speeches", while the judges' criticisms were labeled as "unconstitutional". Additionally, Lahore High Court Judge Shams Mehmood Mirza followed suit, resigning in protest against the amendment.
