Quaid-e-Azam first proposed federal constitutional court in detail: Bilawal

ISLAMABAD, Oct 12 (SABAH): Bilawal Bhutto Zardari has said that Quaid-e-Azam first proposed the federal constitutional court in detail in the subcommittee on the federal structure at the Round Table Conference in London on Oct 27, 1931. It is almost identical to our proposal.

In a statement on X, Bilawal said he proposed three apex courts  — the Federal Court for constitutional matters and enforcement of the citizen’s fundamental rights; the Supreme Court with appellate jurisdiction over the high courts and a Criminal Court of Appeal.

At the subcommittee, Jinnah said “any question that relates to the federal constitution or arises out of the federal constitution should vest in the Federal Court”. He also opposed the giving of a wide jurisdiction over “federal laws” to one court.

“I maintain that it should be open to any subject, if his right is invaded or attacked — relating to the constitution, of course, or arising out of the constitution — to go to the Federal Court direct”. With such a limitation, the Federal Court “will not be so overworked and, therefore, the cases can be expeditiously disposed of”.

There would be another advantage “if you separate your Federal Court, and if you will, in making the appointments, select the personnel of that court which will be specially qualified in matters arising out of the constitution, you will then, I think, set up a court which will be the most desirable court. We know, sir, that this is an age of specialists. In India, we have not yet risen to that height. You will be surprised to hear — and I think my friends here will bear me out … in the morning, you are arguing a complicated question of Hindu law, and in the afternoon, you are dealing with a case of light and air and easements, and perhaps the next day you are dealing with case of a commercial kind, and a third day, perhaps, you are dealing with a divorce action, and a fourth day you are dealing with an admiralty action.”

It was a solution to the courts being overburdened due to the vast jurisdiction conferred on them and was also very similar to the subsequent basic law of Germany (1949) which established the Federal Constitutional Court.