Five judges of the Islamabad High Court (IHC) have challenged the transfer of their appeal to the newly established Federal Constitutional Court (FCC). The appeal was filed against the Supreme Court’s verdict on their transfer and seniority. The judges argued that the transfer violated constitutional principles.
The judges filed their petition on Saturday, requesting that the case be sent back to the Supreme Court for hearing. They questioned the legality of the 27th Constitutional Amendment, which led to the creation of the FCC. According to the judges, the amendment lacked lawful authority and undermined the Constitution’s basic structure.
In their petition, the judges raised constitutional concerns about Parliament’s power to alter governance structures or transfer judicial powers. They questioned whether Parliament could change the Constitution or grant itself unlimited powers, including a lifetime mandate.
The judges also referenced the Supreme Court’s past rulings, which have stated that Parliament cannot amend the Constitution in ways that undermine its basic framework. They argued that Parliament derives its authority from the 1973 Constitution and cannot act as a constituent assembly with unlimited power.
The controversy began in June 2025 after the Supreme Court upheld the transfer of several high court judges, ruling the transfers were lawful. This led to an intra-court appeal from five IHC judges, challenging the decision and questioning their transfer and seniority.
