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ISLAMABAD:
The Federal Constitutional Court (FCC) made it clear that, according to article 189 of the Constitution, the 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 consider that this court may consider them of persuasive value or obiter dicta which it may decide to follow or not,” said the 11-page judgment written by Justice KK Agha.
Judge Agha was part of an FCC court that dismissed the petition of an individual who was denied a job 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 in constitutional interpretation and in disputes between the federal and provincial governments. Its creation transferred many of the constitutional functions previously exercised by the Supreme Court of Pakistan to an independent specialized body.
the case
The concerned authorities of Punjab had declared the applicant medically unfit for not meeting the prescribed visual acuity standards.
It was observed that as per Rule 12.16 of the Punjab Police Rules, 1934 read with Standing Order no. 06/2015, medical fitness is a mandatory precondition for recruitment, leaving no discretion to appoint a medically unfit candidate.
