27th Amendment Shifts Constitutional Cases to FCC, Says Law Minister

State Minister for Law Aqeel Malik announced that Pakistan's newly enacted 27th Constitutional Amendment grants sole jurisdiction over constitutional matters to the newly established Federal Constitutional Court, stripping the Supreme Court of Pakistan of these powers.

Speaking on a television news program, Malik stated that any legal challenges regarding constitutional issues must be filed before the Federal Constitutional Court rather than the Supreme Court. He emphasized that both judicial bodies have adopted their respective operational rules and that the constitutional court is now the sole legitimate forum for all constitutional litigation.

The minister's remarks followed reports that four Islamabad High Court judges—Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Saman Rafat Imtiaz, and Justice Sardar Ejaz Ishaq Khan—were preparing to challenge the 27th Amendment in the Supreme Court. However, court sources from both the Supreme Court and the Federal Constitutional Court confirmed that no official petitions regarding the legislation have been formally filed to date.

The structural overhaul has sparked notable pushback within the judicial system. Supreme Court justices Mansoor Ali Shah and Athar Minallah recently resigned from their positions, submitting separate letters to President Asif Ali Zardari in which they characterized the amendment as a grave assault on the Constitution of Pakistan. Lahore High Court judge Shams Mehmood Mirza also resigned shortly after in protest of the new law. The federal government dismissed the jurists' criticisms as unconstitutional and politically motivated.

Malik defended the legislation, rejecting assertions that the 27th Amendment undermines judicial independence. He clarified that the authority to transfer judges, which previously belonged to the president, has now been assigned to the Judicial Commission of Pakistan. He added that while resigning remains a judge's personal choice, a misleading narrative was being created around the resignations.

Passed by the ruling Pakistan Muslim League-Nawaz coalition government, the 27th Constitutional Amendment introduces sweeping changes to Pakistan's judicial system and military command structure. The creation of the Federal Constitutional Court establishes a new judicial forum featuring equal representation from all four provinces, equipped with suo motu powers over constitutional petitions.

The legislative reform also dissolved previous Constitutional Benches. Through the Supreme Court Practice and Procedure Amendment Bill 2025, the power to constitute case-hearing benches was transferred to a three-member committee headed by the Chief Justice of Pakistan. Overall, the reform reduces specific administrative powers of the Supreme Court while shifting constitutional jurisdiction to the newly established Federal Constitutional Court.

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