The Federal Constitutional Court of Pakistan has questioned directions from the Supreme Court requiring high courts to decide pending applications [1].
The dispute highlights a growing tension regarding the separation of powers within the Pakistani judiciary. If the Supreme Court can dictate specific timelines for lower courts, it may undermine the autonomy of those courts to manage their own dockets, and legal proceedings.
At the center of the conflict is a Supreme Court order issued on May 12, 2026 [2]. That order directed the Islamabad High Court to decide on specific applications, effectively setting a deadline for the lower court's ruling [2]. The Federal Constitutional Court said that such directives may intrude upon judicial independence [1].
This challenge follows recent efforts to clarify the relationship between the two judicial bodies. On May 6, 2026, Chief Justice Yahya Afridi said the Supreme Court and the Federal Constitutional Court are coordinate courts [3]. This designation suggests a level of parity or shared status between the institutions rather than a strict vertical hierarchy in all matters.
The Federal Constitutional Court is now challenging the Supreme Court's intrusion into high-court jurisdiction [1]. By questioning the validity of the May 12 order, the court said it seeks to protect the independence of the judiciary from external timelines imposed by the apex court [1].
The legal community is monitoring whether the coordinate court status defined by the Chief Justice will provide a framework to resolve these jurisdictional overlaps [3]. The outcome will determine the extent to which the Supreme Court can exercise oversight over the administrative timelines of the Islamabad High Court.
“The Federal Constitutional Court has questioned directions from the Supreme Court requiring high courts to decide pending applications.”
This conflict underscores a fundamental struggle over judicial hierarchy in Pakistan. By asserting that the Supreme Court and the Federal Constitutional Court are coordinate bodies, the judiciary is attempting to balance the apex court's authority with the need for high courts to operate without administrative interference. A ruling in favor of the FCC would limit the Supreme Court's ability to expedite cases through mandates, potentially slowing the resolution of pending applications but strengthening the autonomy of lower courts.
