A potential constitutional amendment is stirring up a storm in Pakistan's legal circles, with a proposed change in the judicial system sparking debates and concerns.
But here's where it gets controversial: there are whispers of a plan to house the new Federal Constitutional Court (FCC) within the existing Shariat Court premises. This has raised eyebrows and prompted a Supreme Court judge to assert that a change of location won't diminish the court's authority.
The background? The 27th Amendment, which is still under wraps, is said to include the establishment of the FCC. In a recent hearing, Justice Jamal Khan Mandokhail emphasized that the court's powers are not tied to its physical location. This statement came after a lawyer, Faisal Siddiqui, expressed his desire to conclude his arguments outside the Shariat Court building, hinting at a potential relocation.
And this is the part most people miss: the Federal Shariat Court (FSC) is currently operating with only three judges out of an approved eight. Sources suggest that the FSC could be moved to the Islamabad High Court (IHC) building, accommodating all its judges on a single floor.
The IHC is already making arrangements, shifting equipment and offices to create space. Officials claim this is part of routine administrative adjustments. However, the timing has raised questions, especially as the IHC issued an office order on November 7, 2025, for internal reorganization related to record management.
The debate intensified when Justice Mandokhail reiterated his stance in the Supreme Court, stating that a change of building wouldn't affect the court's powers. This prompted a lawyer, Barrister Ali Tahir, to file a petition challenging any proposal that might curtail the constitutional jurisdiction of the Supreme Court or the high courts.
Tahir's petition demands a restraining order against the federal government and other state organs, preventing any actions related to the proposed amendment until a final decision is reached. It argues that the Supreme Court's original jurisdiction is an inviolable part of the Constitution's basic structure, and any attempt to establish a parallel or superior court would be unconstitutional.
As the debate rages on, the question remains: will the 27th Amendment bring about a significant shift in Pakistan's judicial landscape, and if so, at what cost?
