The Federal Constitutional Court (FCC) in Islamabad stated on Friday that Article 175E(5) of the Constitution grants the Court the power to request the record of any case. The mere invocation of this provision is deemed enough to establish jurisdiction, even if the Court lacks explicit authority.
A two-judge panel consisting of Justice Aamer Farooq and Justice Rozi Khan Barrech issued the ruling in a tax reference case filed against a Peshawar High Court (PHC) order. The Court affirmed its role as the ultimate arbiter in determining the validity of legislation and confirmed its ability to hear cases even without direct jurisdiction, as long as a significant constitutional interpretation issue is at hand. In this instance, the Court identified such an issue in the form of a challenge to the legality of the law in question.
The judgment clarified that certain constitutional provisions serve as both character-defining and competence-outlining elements, with Article 175E(5) falling into this category. The Court emphasized that this provision is not solely a procedural mechanism for case transfers but embodies the essence and purpose of the FCC — resolving disputes involving substantial constitutional law matters.
Article 175E(5) eliminates jurisdictional and subject-matter constraints, allowing the Court to intervene whenever the Constitution's interpretation is in question. The judgment highlighted that historically, the Supreme Court of Pakistan exercised similar authority in interpreting the Constitution and scrutinizing the legality of legislation.
Nonetheless, the Court noted that the Constitution (Twenty-Seventh) Amendment Act, 2025 has restructured the judicial power distribution. Consequently, the Supreme Court's jurisdiction in this context has been restricted, and it no longer holds the power to invalidate laws on constitutional grounds under the current constitutional framework. The judgment concluded, "We have decided on Tax Reference No. 18 of 2023 solely due to its relevance to the legality of the law in question."
