Islamabad, In a message on social media platform X, Chairman Pakistan Peoples Party, Bilawal Bhutto Zardari shed light on the historical roots of the proposal for a Federal Constitutional Court, emphasising its relevance in contemporary constitutional discourse.
Quaid-e-Azam Muhammad Ali Jinnah first detailed the concept of a federal constitutional court during the subcommittee on the federal structure at the Round Table Conference in London on October 27, 1931. Chairman Bilawal noted that this proposal aligns closely with the current proposal put forth by the Pakistan Peoples Party.
Jinnah’s vision included the establishment of three apex courts: the Federal Court, responsible for constitutional matters and the enforcement of citizens’ fundamental rights; the Supreme Court, which would hold appellate jurisdiction over the high courts; and a Criminal Court of Appeal. He articulated that “any question that relates to the federal constitution or arises out of the federal constitution should vest in the Federal Court,” highlighting his concerns about the potential overreach of a single court regarding federal laws.
The founding father maintained that individuals whose rights were “invaded or attacked” should have direct access to the Federal Court for constitutional matters, ensuring that the court would not become overburdened. This approach would facilitate the expeditious disposal of cases, addressing the pressing need for efficiency within the judicial system.
Moreover, Jinnah advocated for the separation of the Federal Court, suggesting that the selection of specialised personnel would enhance the court’s capacity to address constitutional matters effectively. He stated, “We know, sir, that this is an age of specialists,” emphasising the necessity for a judiciary equipped to handle complex legal issues.
Furthermore, Jinnah noted the complexities faced by courts burdened with diverse legal issues, stating, “You will be surprised to hear … in the morning, you are arguing a complicated question of Hindu law, and in the afternoon, you are dealing with a case of light and air and easements, and perhaps the next day you are dealing with a case of a commercial kind, and a third day, perhaps, you are dealing with a divorce action, and a fourth day you are dealing with an admiralty action.” This diversity of cases exemplified the need for a specialised court to handle constitutional matters effectively.
Bilawal Bhutto Zardari further noted that Jinnah’s proposals predate and are remarkably similar to the basic law of Germany established in 1949, which also created a Federal Constitutional Court to alleviate the burden on existing courts.
This message serve as a timely reminder of the foundational principles laid down by Jinnah, advocating for a judicial structure that not only safeguards constitutional rights but also ensures that justice is delivered efficiently and effectively.
