27th Amendment Empowers FCC to Hear Constitutional Cases

Minister of State for Law and Justice Barrister Aqeel Malik stated that the 27th Amendment has vested authority to hear constitutional matters in the Federal Constitutional Court (FCC), not the Supreme Court (SC).

The amendment has brought significant changes to the judicial structure, with the FCC established as a new judicial forum with equal representation from all provinces, and empowered to exercise suo motu authority upon petitions.

• The 27th Amendment assigns the president and prime minister key roles in judicial appointments, reducing certain powers of the Supreme Court.
• The FCC has been established with equal representation from all provinces, and will hear all cases of constitutional nature.
• Supreme Court judges Justice Mansoor Ali Shah and Justice Athar Minallah resigned from their posts following the passage of the amendment, criticizing it as a “grave assault on the Constitution of Pakistan”.
• The federal government has rejected claims of compromise on judicial independence, stating that the authority for transferring judges has been assigned to the Judicial Commission.

Federal Constitutional Court Establishment

The FCC has been established as a result of the 27th Amendment, with the aim of hearing all constitutional cases, and has adopted its respective rules.

According to Minister Aqeel Malik, “The constitutional court has been established, and all cases of constitutional nature will now be heard by it.”

Minister Aqeel Malik’s Statement

Minister Aqeel Malik questioned why the judges had submitted their plea to the Supreme Court, stating that it “should have been filed in the constitutional court”, as only the FCC is empowered to hear it after the amendment.

Judicial Overhaul and its Implications

The 27th Amendment has paved the way for dissolving the Constitutional Benches, and has transferred the authority to constitute case-hearing benches to a three-member committee headed by the chief justice.

For more information on this topic, visit Watan News, and stay updated on the latest developments in the judicial overhaul and its implications.