Appeals Before the Supreme Court and the Federal Constitutional Court: What Changed
Pakistan's apex judiciary was split in two by recent constitutional amendments. Here's what that means for where an appeal actually belongs.
Anyone with a pending or prospective appeal in Pakistan's superior courts needs to understand a structural change that took effect in late 2025: the Supreme Court of Pakistan is no longer the sole apex court. The Federal Constitutional Court (FCC), established under the 27th Constitutional Amendment and operational since November 2025, now has exclusive jurisdiction over constitutional matters — a jurisdiction the Supreme Court previously held.
What the FCC now handles
The FCC has exclusive jurisdiction over constitutional interpretation, enforcement of fundamental rights, and disputes between the federal government and the provinces. It also hears appeals from the constitutional benches of the High Courts, and can call for the record of any case involving a substantial constitutional question.
What stays with the Supreme Court
The Supreme Court of Pakistan continues as the apex appellate court for ordinary civil and criminal matters — appeals that don't turn on constitutional interpretation still follow the familiar route through the Supreme Court.
What happens to cases that were already pending
Under the transitional provisions of the amendments, pending petitions, appeals and reviews that fall within the FCC's jurisdiction are being transferred to it from wherever they were previously pending, including from the Supreme Court itself. If you have a matter that touches on a constitutional question and was filed before this restructuring, its forum may well have changed without any action on your part — it's worth checking rather than assuming.
Why this matters practically
Filing in the wrong forum, or failing to track a transfer, can cost real time on an already time-sensitive matter. Because this is such a recent and still-developing area — with practice and procedure continuing to be worked out by the courts themselves — we treat every constitutional matter as requiring a fresh, individual assessment of forum rather than relying on how things worked before the amendments.
This article is general information about Pakistani law and procedure, not legal advice for any specific matter. If this touches on something you're currently facing, get in touch and we'll advise on your facts directly.