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ISLAMABAD:
The Federal Constitutional Court (FCC) has made it clear that under Article 189 of the Constitution, Supreme Court decisions are not binding on it.
“Though the Supreme Court authorities under Article 189 of the Constitution are not binding on this Court, we find that this Court may consider them to be of persuasive value or obiter dicta which it may or may not choose to follow,” the 11-page judgment authored by Justice KK Agha said.
Justice Agha was part of an FCC bench which dismissed the petition of a person who was denied the job of a police constable on medical grounds.
FCC is the Constitutional Court of Pakistan established through the 27th Constitutional Amendment in November 2025.
The court exercises exclusive jurisdiction in constitutional interpretation and disputes between the federal and provincial governments. Its establishment transferred many of the constitutional functions previously exercised by the Supreme Court of Pakistan to a separate specialized body.
The case
The relevant authorities of Punjab had declared the applicant medically unfit for failure to meet the prescribed visual acuity standards.
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.
