A major court decision has come out in Pakistan regarding the powers of the Federal Constitutional Court and the Supreme Court of Pakistan, which has clarified the scope of both the high courts. Justice Amir Farooq of the Federal Constitutional Court issued a written decision during the hearing of the case related to sales tax, in which the new constitutional situation that has arisen after the 27th Constitutional Amendment was clarified. Power of constitutional interpretation transferred The decision states that before the 27th Constitutional Amendment, the Supreme Court had the final authority to interpret the Constitution and laws, however, under the new constitutional scheme, this authority has now been transferred to the Federal Constitutional Court. Accordingly, now the final decision regarding the interpretation and meaning of any law or constitutional provision will be made by the Federal Constitutional Court. Constitutional Review of Legislation According to the court’s decision, the Federal Constitutional Court also has the power to conduct a constitutional review of any legislation made by Parliament. The court can also call for records of cases that involve the interpretation of the Constitution. Justice Amir Farooq clarified that after the implementation of the 27th Amendment, the Supreme Court no longer has the previous authority under which it could review the constitutionality of legislation or interpret the Constitution. New division of powers After this decision, the Federal Constitutional Court will now play a central role in constitutional matters, while the Supreme Court will focus on civil, criminal and other legal appeals. According to legal experts, this decision reflects a major change in the constitutional structure and has also removed the ambiguity among citizens and lawyers as to which will be the final forum for constitutional cases.
Major court decision after the 27th Amendment: Power of constitutional interpretation transferred to the Federal Constitutional Court
