02/03/2025
Part-II
Legal Question Before the Court:
Which category of constitutional petitions falls within the adjudicatory domain of a Regular Bench and which necessitates adjudication by a Constitutional Bench?
Pursuant to the Order dated 02-12-2024, rendered by the Divisional Bench of the Sindh High Court in CPD No. 1590 of 2023, it has been unequivocally established in Paragraphs 28 and 43 that Constitutional Benches exercise a limited jurisdiction, confined strictly to matters falling under Article 199(1)(a)(i) and Article 199(1)(c) of the Constitution.
Conversely, Regular Benches possess both inherent and ultimate jurisdiction in cases arising under Article 199(1)(a)(ii).
Furthermore, this pronouncement constitutes binding precedent for subsequent Division Benches adjudicating upon the same legal issue, in line with the Supreme Court ruling in 1995 SCMR 362 and the Sindh High Court judgment reported as 2020 CLC 2063.
