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ISLAMABAD:
The Federal Constitutional Court (FCC) has made it clear that under Article 189 of the Constitution, decisions of the Supreme Court are not binding on it.
“Although under Article 189 of the Constitution, the authorities of the Supreme Court are not binding on this court, we are of the view that this court may consider them as having cogent value or as obiter remarks which it may choose to follow or not,” said the 11-page judgment written by Justice KK Agha.
Judge Agha was part of an FCC court that denied the petition of an individual who was denied employment as a police officer for medical reasons.
The FCC is the constitutional court of Pakistan established by the 27th constitutional amendment in November 2025.
The court exercises exclusive jurisdiction over constitutional interpretation and disputes between the federal and provincial governments. Its creation transferred many of the constitutional functions previously carried out by the Supreme Court of Pakistan to a separate specialized body.
The case
The competent authorities of Punjab had declared the petitioner medically unfit on the ground that he did not meet the prescribed standards of visual acuity.
It was observed that under Rule 12.16 of the Punjab Police Rules, 1934, read with Standing Order No. 06/2015, medical fitness is a mandatory prerequisite for recruitment, leaving no discretion to appoint a medically unfit candidate.
