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Article 189 of Constitution of Pakistan

189. Decisions of Federal Constitutional Court and Supreme Court binding on other courts. — (1) Any decision of the Federal Constitutional Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan including the Supreme Court.

(2)        Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan except the Federal Constitutional Court.


— Arts. 175F & 189 — Leave to appeal — Finality of proceedings — Binding effect of Supreme Court judgments — Bar against reopening concluded matters — Scope — Land reforms proceedings had attained finality where the predecessor-in-interest of the petitioner, being a declarant, was determined to be holding excess land, which determination was upheld successively by the Land Commissioner, the Chief Land Commissioner, the Member, Federal Land Commission, the High Court, and ultimately by the Supreme Court through dismissal of the civil petition — Once the controversy stood conclusively settled by the Supreme Court, the matter could not be reopened, re-agitated, or re-adjudicated by any subordinate forum — A de novo revision petition filed by the petitioner, by concealing the earlier round of litigation, was not maintainable, and its acceptance by the Chairman, Federal Land Commission amounted to a patent violation of the binding effect of judgments of the Supreme Court under Article 189 — Orders passed by the Chairman, Federal Land Commission in disregard of such finality were without lawful authority and of no legal effect. [2026 CJ Review 1]
— Arts. 199 & 189 — Constitutional jurisdiction — Laches — Void ab initio order — No limitation against violation of binding judgment of the Supreme Court — Scope — Delay or laches in filing constitutional petitions before High Court does not create a bar where the impugned order is void ab initio and without lawful authority — Even if a writ petition is filed after considerable lapse of time, the High Court is legally justified in entertaining and deciding the matter on merits where the order under challenge has been passed in patent violation of the binding law declared by the Supreme Court — An order passed in disregard of the final judgment of the Supreme Court and in violation of Article 189 is without jurisdiction and void from its inception, against which no period of limitation runs. [2026 CJ Review 1]
— Arts. 189 & 190 — Decisions of Federal Constitutional Court and Supreme Court binding on other courts — Scope — Article 189 of the Constitution of the Islamic Republic of Pakistan stipulates that any decision rendered by the Supreme Court, which resolves a question of law or enunciates a principle of law, is binding upon all other courts within Pakistan, with the exception of the Federal Constitutional Court of Pakistan — This exception arises from the 27th Amendment to the Constitution, which establishes that decisions issued by the Federal Constitutional Court are binding on all courts in Pakistan, including the Supreme Court itself — Consequently, all courts in Pakistan are constitutionally mandated to adhere to the judgments of the Federal Constitutional Court — Furthermore, article 190 of the Constitution imposes an obligation on all executive authorities to act in accordance with the judgments of the Federal Constitutional Court — This provision underscores the supremacy of constitutional interpretations rendered by the Federal Constitutional Court, ensuring that such interpretations are uniformly applied across all levels of the judiciary and by executive bodies. [2026 CJ Review 1]
— Decisions of Supreme Court binding on other Courts — Decision of High Court binding on subordinate Courts — Scope — Any case, whether of Supreme Court or of a High Court, that establishes binding precedent turns on facts proved or admitted. [PLR 2025 SC 9 = PLD 2025 SC 60 = 2024 SCP 383]
— Decision of Supreme Court binding on other Courts — Scope — In case of conflict between the judgments of Supreme Court of Pakistan on a point of law, the judgment of larger Bench shall prevail. [2024 CLS 15 = 2024 CLC 114 = 2022 LHC 2385]
— Decisions of Supreme Court binding on other Courts — Scope — An earlier judgment of a Bench of Supreme Court is binding not only on the Benches of smaller numeric strength but also on the Benches of co-equal strength — A Bench of Supreme Court cannot deviate from the earlier view held by a co-equal Bench of Supreme Court — If a contrary view has to be taken, the proper course is to request for the constitution of a larger Bench to reconsider the earlier view. [2023 SCLR 31 = 2023 SCMR 1732]