ISLAMABAD:
The Federal Constitutional Court has continued to assert its authority as the highest judicial body after the 27th Constitutional Amendment. The issue has raised questions about judicial powers and court hierarchy in Pakistan.
During a hearing on Tuesday, Justice Hasan Azhar Rizvi expressed concern when a lawyer appeared before the Supreme Court instead of attending the constitutional court. He warned that cases could be dismissed if lawyers fail to give priority to the court.
Legal experts say lawyers often face scheduling conflicts when cases are fixed in both courts on the same day. They believe the Chief Justice of Pakistan should step in to resolve this practical issue.
In several judgments, the constitutional court ruled that its decisions are binding on all courts in Pakistan. It said the amendment changed the judicial structure and limited the Supreme Court’s authority in certain constitutional matters.
Justice Aamer Farooq also noted that under the amended Constitution, the power to strike down laws on constitutional grounds no longer lies with the Supreme Court.
Some lawyers support this position. Advocate Abdul Moiz Jaferii said the Supreme Court remains supreme only in name after the amendment. However, lawyer Waqas Ahmad argued that past Supreme Court decisions should still be respected for judicial continuity.
Advocate Hafiz Ahsaan Ahmad Khokhar said lawyers respect both courts and try to assist each without bias. He urged judges to avoid remarks that may create the impression of competition between institutions.
Legal experts stress that mutual respect and constitutional clarity are important to maintain the stability and dignity of Pakistan’s judicial system.
