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175B
| Constitution of Federal Constitutional Court.
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(1)
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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.
Explanantion.- 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.
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(2)
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The President may, by Order, make necessary provisions for the
matters consequential or ancillary to the establishment and functioning
of the Federal Constitutional Court.
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175C
| Appointment of Federal Constitutional Court Judges.
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(1)
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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.
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(2)
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A person shall not be appointed as Judge of the Federal
Constitutional Court unless he is a citizen of Pakistan and-
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(a)
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is or has been a Judge of the Supreme Court; or |
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(b)
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has, for a period of not less than five years, been a Judge of |
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(c)
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a High Court; or
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.
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(3)
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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.
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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. |
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175E.
| Original jurisdiction of Federal Constitutional Court.
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(1)
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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.
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(2)
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In the exercise of the jurisdiction conferred on it by clause
(1), the Federal Constitutional Court shall pronounce declaratory
judgments only.
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(3)
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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.
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(4)
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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.
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(5)
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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.
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175F
| Appellate jurisdiction of the Federal Constitutional Court.
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(1)
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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-
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(a)
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where an Act of Majlis-e-Shoora (Parliament) so provides; |
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(b)
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if the High Court certifies that the case involves a substantial
question of law as to the interpretation of the Constitution;
or
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(c)
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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.
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(2)
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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.
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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. |
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175H
| Advisory jurisdiction.
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(1)
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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.
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(2)
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The Federal Constitutional Court shall consider a question so
referred and report its opinion on the question to the President.
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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.
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175J
| Acting Chief Justice of the Federal Constitutional Court.
At
any time when-
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(a)
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the office of Chief Justice of the Federal Constitutional
Court is vacant; or
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(b)
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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,
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the President shall appoint one of the other Judges of the Federal
Constitutional Court to act as its Chief Justice. |
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175K
| Acting Judges of the Federal Constitutional Court.
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(1)
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At any time when-
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(a)
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the office of a Judge of the Federal Constitutional
Court is vacant; or
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(b)
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a Judge of the Federal Constitutional Court is absent or
is unable to perform the functions of his office due to
any other cause,
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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.
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(2)
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An appointment under this Article shall continue in force
until it is revoked by the President.
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175L
| Seat of the Federal Constitutional Court.
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(1)
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The permanent seat
of the Federal Constitutional Court shall be at Islamabad.
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(2)
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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.
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