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Pakistan Bar Council and Supreme Court Bar Back Establishment of Federal Constitutional Court

In a significant development for Pakistan’s evolving judicial landscape, the Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) have jointly announced their support for the establishment of a Federal Constitutional Court. The announcement, made through a detailed joint communiqué, comes amid intense national debate on proposed constitutional reforms and the future structure of Pakistan’s highest judicial forums.

The joint statement emphasized that the legal community stands united in principle behind the idea of a specialized constitutional court, which, according to proponents, will help streamline constitutional interpretation, reduce the Supreme Court’s caseload, and ensure more consistent adjudication of political and constitutional matters.

According to the communiqué, certain political factions and vested interest groups have been attempting to create rifts within the legal fraternity by issuing misleading or divisive statements. The PBC and SCBA stressed that such statements are designed to undermine democratic institutions and distort the reputation and unity of the legal community. They clarified firmly that individual or minority opinions do not represent the broader legal fraternity.

The statement further noted that a number of political actors, motivated by narrow partisan considerations, have been commenting on constitutional reforms, including the establishment of the Federal Constitutional Court, in a manner that seeks to polarize the public debate. Both bar councils strongly condemned such interventions, reiterating that only the authorized representative bodies of lawyers can speak for the legal community on national constitutional issues.

The communiqué also highlighted the advantages of the proposed amendment, stating that the creation of the Federal Constitutional Court could ensure equal provincial representation and provide an institutional forum specifically dedicated to constitutional and political matters. This, according to the bar councils, would help depoliticize judicial proceedings at the Supreme Court level and allow the apex court to focus more effectively on civil, criminal, and public interest matters that require urgent attention.

Additionally, the establishment of such a court is expected to improve case management across the judicial system. Many high-profile public interest cases, the bar councils noted, often remain pending in the Supreme Court for extended periods due to overwhelming caseloads. A constitutional court would make it possible to schedule constitutional hearings more promptly, reduce delays in verdicts, and enhance overall judicial efficiency.

The joint statement further emphasized that the bar councils remain watchful of all processes related to judicial appointments, including the selection of judges for the proposed constitutional court. They made it clear that transparency, merit, and adherence to constitutional norms will remain at the center of their review. Should any concerns arise, the legal community will voice them through general house resolutions, institutional debate, and formal objections.

The declaration also addressed the broader principles guiding the legal fraternity. Both PBC and SCBA reaffirmed their unwavering commitment to judicial independence, rule of law, and constitutional supremacy. They stressed that the lawyers’ community has always stood as a guardian of constitutional values and will continue to oppose any attempt—political or institutional—that threatens these foundations.

The statement came at a critical juncture when discussions regarding the 27th Constitutional Amendment Bill continue within parliamentary committees and legal circles. The proposed reforms, which include the establishment of a Federal Constitutional Court, have drawn mixed reactions from various quarters. While some legal experts view the move as necessary and timely, others express reservations about potential political motivations or the impact such a court may have on the authority of the Supreme Court.

Within this context, the public endorsement by Pakistan’s two most influential legal bodies adds institutional weight to the debate. The support also signals a desire within the legal community for structural reforms that could improve judicial balance and reduce political tensions associated with high-stakes constitutional litigation.

Furthermore, the communiqué emphasized that decisions on sensitive national issues must emerge from consensus, institutional deliberation, and constitutional fidelity. The bar councils urged all political groups to refrain from issuing unilateral comments that may inflame divisions or mislead the public about the intentions behind proposed reforms.

The statement concluded by reiterating that the legal fraternity’s primary responsibility is to safeguard democratic processes and ensure that constitutional reforms are guided by national interest rather than partisan agendas. With the PBC and SCBA now openly supporting the Federal Constitutional Court, the debate is expected to gain momentum in parliamentary committees and legal circles in the coming weeks.

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