Federal Constitutional Court (Articles 175B to 175L)
175B-175L
The 27th Amendment created the Federal Constitutional Court, with its permanent seat in Islamabad. It decides disputes between governments, hears fundamental-rights petitions of public importance (only on an application), gives advisory opinions to the President, and hears appeals from High Courts: where an Act of Parliament provides, where the High Court certifies a substantial question on the interpretation of the Constitution, and against Article 199 orders with its leave. Its judges retire at 68 and its Chief Justice serves three years. Constitutional petitions and related appeals that were pending in the Supreme Court were transferred to it. The Supreme Court continues to hear other appeals from High Courts (Art. 185).
What does 175B-175L say?
175B. Constitution of Federal Constitutional Court. — (1) The Federal Constitutional Court
shall consist of a Chief Justice to be known as the Chief Justice of the Federal Constitutional Court of
Pakistan hereinafter referred to as the Chief Justice of the Federal Constitutional Court and as many
other Judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so determined, as
may be fixed by the President:
Provided that the Federal Constitutional Court shall have equal number of Judges from each
Province and at least one Judge from Islamabad High Court.
Explanation.- In no case the number of Judges from the Islamabad High Court shall exceed the
numbers of Judges from a Province:
Provided further that nothing contained in the first proviso shall effect the functioning of the
Federal Constitutional Court.
(2) The President may, by Order, make necessary provisions for the matters consequential or
ancillary to the establishment and functioning of the Federal Constitutional Court.
175C. Appointment of Federal Constitutional Court Judges.- (1) The Chief Justice of the
Federal Constitutional Court and each of the other Judges thereof shall be appointed by the President
in accordance with Article 175A.
(2) A person shall not be appointed as Judge of the Federal Constitutional Court unless he is a
citizen of Pakistan and-
(a) is or has been a Judge of the Supreme Court; or
(b) has, for a period of not less than five years, been a Judge of a High Court; or
(c) has, for a period of not less than twenty years, been an advocate of a High Court
and is an advocate of the Supreme Court.
(3) The inter se seniority of Judges appointed under this Article shall be reckoned from the date
they enter upon the office and in case that date is same then on the basis of their age:
Provided that a Judge of the Supreme Court, who holds the said office on the commencement
of the Constitution (Twenty-seventh Amendment) Act, 2025, shall retain his inter se seniority among
Judges other than the Chief Justice of the Federal Constitutional Court.
175D. Oath of Office of the Chief Justice and other judges of the Federal Constitutional
Court. — Before entering upon office, the Chief Justice of the Federal Constitutional Court shall make
before the President, and any other Judge of the Federal Constitutional Court shall make before the
Chief Justice, oath in the form set out in the Third Schedule.
175E. Original jurisdiction of Federal Constitutional Court.— (1) The Federal Constitutional Court
shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more
Governments.
Explanation.- In this clause, “Governments” means the Federal Government and the Provincial
Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Federal Constitutional
Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Article 199, the Federal Constitutional Court shall,
if it considers that a question of public importance with reference to the enforcement of any of the
Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of
the nature mentioned in the said Article:
Provided that, subject to the satisfaction of the Federal Constitutional Court, the jurisdiction
under this clause shall only be exercised if an application is filed by a person in that Court.
(4) All petitions which fall under this Article and appeals or review applications against
judgments rendered or orders passed under this Article, pending or filed before the Supreme Court or
its Constitutional Benches, prior to commencement of the Constitution (Twenty-seventh Amendment)
Act, 2025, shall forthwith stand transferred to the Federal Constitutional Court and shall only be heard
and decided by the Federal Constitutional Court.
(5) The Federal Constitutional Court may, on its own motion or otherwise, if it considers that
the case involves a substantial question of law as to the interpretation of the Constitution, call for the
record of any case pending before any court and make such order in the case as it thinks fit.
175F. Appellate jurisdiction of the Federal Constitutional Court.— (1) The Federal
Constitutional Court shall have jurisdiction to hear and determine appeals from judgments, decrees,
final orders or sentences of a High Court as provided herein below –
(a) where an Act of Majlis-e-Shoora (Parliament) so provides;
(b) if the High Court certifies that the case involves a substantial question of law as
to the interpretation of the Constitution; or
(c) from a judgment or an order of a High Court made under Article 199 only if the
Federal Constitutional Court grants leave to appeal:
Provided that no appeal shall lie against a judgment or an order of a High Court made under
Article 199, in a case which relates to rent and family except guardianship and such other matters as
may be determined by law.
(2) All petitions for leave to appeal, appeals or review applications, to which clause (1) apply
or any other proceedings falling within the jurisdiction of the Federal Constitutional Court, filed or
pending before the Supreme Court prior to commencement of the Constitution (Twenty -seventh
Amendment) Act, 2025, stand transferred to the Federal Constitutional Court and shall only be heard
and decided by that Court.
175G. Review of judgments or orders by the Federal Constitutional Court.—The Federal
Constitutional Court shall have the power, subject to the provisions of any Act of Majlis -e-Shoora
(Parliament) and any rules made by the Federal Constitutional Court, to review any judgment
pronounced or any order made by it.
175H. Advisory jurisdiction. — (1) If, at any time, the President considers that it is desirable
to obtain the opinion of the Federal Constitutional Court on any question of law which he considers of
public importance, he may refer the question to the Federal Constitutional Court for consideration.
(2) The Federal Constitutional Court shall consider a question so referred and report its opinion
on the question to the President.
175I. Retiring Age of the Chief Justice and other judges of the Federal Constitutional
Court. —A Judge of the Federal Constitutional Court shall hold office until he attains the age of sixty-
eight years, unless he sooner resigns or is removed from office in accordance with the Constitution:
Provided that the term of office of the Chief Justice of the Federal Constitutional Court shall
be three years or unless he sooner resigns or he attains the age of sixty-eight years or is removed from
his office in accordance with the Constitution, whichever is earlier:
Provided further that the Chief Justice of the Federal Constitutional Court on completion of his
term of three years shall stand retired notwithstanding his age of superannuation.
175J. Acting Chief Justice of the Federal Constitutional Court. —At any time when —
(a) the office of Chief Justice of the Federal Constitutional Court is vacant; or
(b) the Chief Justice of the Federal Constitutional Court is absent or is unable to
perform the functions of his office due to any other cause,
the President shall appoint one of the other Judges of the Federal Constitutional Court to act as its
Chief Justice.
175K. Acting Judges of the Federal Constitutional Court.— (1) At any time when —
(a) the office of a Judge of the Federal Constitutional Court is vacant; or
(b) a Judge of the Federal Constitutional Court is absent or is unable to perform the
functions of his office due to any other cause,
the President may, in the manner provided in clause (1) of Article 175A, appoint a Judge of the
Supreme Court or a High Court who is qualified for appointment as a Judge of the Federal
Constitutional Court to act temporarily as a Judge of the Federal Constitutional Court.
Explanation.— In this clause, Judge of the Supreme Court or a High Court includes a person
who has retired as a Judge of the Supreme Court or a High Court.
(2) An appointment under this Article shall continue in force until it is revoked by the President.
175L. Seat of the Federal Constitutional Court.— (1) The permanent seat of the Federal
Constitutional Court shall be at Islamabad.
(2) The Federal Constitutional Court may from time to time sit at such other places as the Chief
Justice of the Federal Constitutional Court, with the prior approval of the President, may appoint.