FCC struggles to reduce case backlog despite reforms

Nearly five months after the establishment of Pakistan’s Federal Constitutional Court (FCC), concerns persist within legal circles over its effectiveness in delivering faster justice, as case backlogs remain largely unchanged across the top judiciary.

The FCC was created under the 27th constitutional amendment with the aim of easing the burden on the Supreme Court of Pakistan and expediting relief for litigants. However, lawyers argue that the reform has so far resulted in a redistribution of cases rather than a meaningful reduction in delays.

Before the FCC became operational in November 2025, over 56,000 cases were pending in the Supreme Court. Of these, more than 22,000 were transferred to the FCC, while tens of thousands remained with the apex court. Current figures indicate that the combined backlog across both courts still exceeds 56,000 cases.

27th Amendment Shifts Constitutional Authority from SC to FCC

Critics, including former additional attorney general Tariq Mahmood Khokhar, have questioned the legitimacy and effectiveness of the constitutional amendments that led to the FCC’s creation. He described the move as an administrative shift rather than a structural solution, arguing that it has imposed additional financial costs without delivering tangible benefits to litigants.

Other legal experts have also raised concerns about judicial independence and the appointment process, suggesting that executive influence may have affected the morale and functioning of the judiciary. Meanwhile, lawyer Umer Gilani noted that sustainable backlog reduction requires discouraging frivolous litigation and encouraging early resolution of weak cases—areas where little progress has been made.

Despite these criticisms, there have been some improvements in case disposal rates within the Supreme Court. Recent data shows a reduction in pending cases and progress in clearing death sentence appeals.

Legal observers say that increasing judicial capacity and initiating broader reforms will be essential to achieving meaningful improvements in Pakistan’s justice system.