Where to File Constitutional Petitions

Aqeel Malik told Geo News that the Federal Constitutional Court (FCC) now handles constitutional matters. He said the Supreme Court is not the correct forum for these petitions. Therefore, he urged judges to file their pleas with the FCC.

Rules and Forum

Malik noted that both the Supreme Court and the FCC have issued their own rules. Moreover, he said the constitution now specifies the FCC as the forum for constitutional questions after the 27th Amendment. Consequently, petitions of this nature should go to the new court.

Judicial Independence and Transfers

He rejected claims that the amendment weakens judicial independence. In contrast, he explained that the Judicial Commission now oversees judge transfers. Previously, that power rested with the president, he added.

Still, Malik said resigning remains a judge’s personal choice. At the same time, he warned against misleading impressions about the reasons for any resignations.

Judges’ Response

Sources say four Islamabad High Court judges are preparing to challenge the 27th Amendment in the Supreme Court. The draft petition names Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Saman Rafat Imtiaz, and Justice Sardar Ejaz Ishaq Khan as petitioners.

However, Supreme Court sources confirmed no petition had been filed at the time of reporting. Federal Constitutional Court sources also said they had received no such plea.

What the Amendment Changed

The 27th Amendment, passed earlier this month, reshaped parts of the judicial structure and military command. For example, it created the FCC with equal provincial representation. The amendment also granted the FCC suo motu powers for constitutional petitions.

Additionally, the Supreme Court Practice and Procedure (Amendment) Bill 2025 altered how case benches are constituted. The authority to form benches now rests with a three-member committee led by the chief justice.

Reassigning Roles

The amendment also assigns formal roles in judicial appointments to the president and the prime minister. At the same time, it transfers certain Supreme Court powers to the FCC. These structural changes prompted public debate and some judicial pushback.

Recent Resignations

Following the amendment, Supreme Court justices Mansoor Ali Shah and Athar Minallah resigned. They described the changes as a serious assault on the Constitution. The federal government dismissed their comments as political rhetoric and rejected the allegations.

Two days later, Lahore High Court judge Shams Mehmood Mirza also resigned in protest against the amendment.