The Federal Constitutional Court (FCC) has ruled that the Supreme Court no longer holds the power to invalidate legislation on constitutional grounds under the current constitutional framework.
In a detailed nine-page judgment authored by Justice Aamer Farooq, the court said the Constitution (Twenty-Seventh) Amendment Act, 2025 has redefined the distribution of judicial authority. As a result, the power to examine and strike down laws now rests exclusively with the FCC.
The ruling came in a case concerning the Khyber-Pakhtunkhwa Sales Tax on Services Act, 2022. The court held that the law is not ultra vires the Constitution. It clarified that although tax references are not specifically listed under its jurisdiction, the FCC can hear such matters if they involve substantial constitutional questions.
The judgment emphasized that challenges to the validity of legislation inherently raise constitutional interpretation issues. Therefore, the FCC has the authority to call for records from any court or tribunal if such a question arises.
Citing Article 175E(5), the court stated that it may act on its own motion or upon application to examine cases involving significant constitutional concerns. The language of the Constitution, it noted, allows the FCC to review “any case” from “any court,” without restriction.
The court further explained that while the Supreme Court previously exercised similar authority, the 27th Constitutional Amendment has shifted that jurisdiction exclusively to the FCC. The decision marks a major development in Pakistan’s judicial structure, clarifying the separation of powers between apex courts.
