Supreme Court examines the legitimacy of the quota system

Supreme Court examines the legitimacy of the quota system and issues notices of appeal against the Federal Shariat Court ruling declaring it un-Islamic.

Islamabad, Pakistan – March 3, 2026:
The Shariat Appellate Bench of the Supreme Court of Pakistan has taken up a significant appeal challenging the Federal Shariat Court’s (FSC) ruling that declared the national quota system un-Islamic. During Monday’s hearing, the top Islamic judicial forum questioned the Islamic and constitutional foundations of the quota policy and issued formal notices to the federation and other parties involved, adjourned until the first week of April for further arguments.

The five-member bench presiding over the case — led by Justice Jamal Khan Mandokhail and including Justices Shahid Waheed and Irfan Saadat Khan alongside Islamic scholars Justice (retd) Dr. Khalid Masood and Dr. Qibla Ayaz — underscored the national importance of the matter. Bench members asked the Additional Attorney General to explain how the quota regime aligns with Islamic principles and fundamental rights.

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The law officer for the federation responded that Article 27 of the Constitution provides the legal basis for quotas and empowers Parliament to legislate on them, and noted that recent legislation has extended the scheme beyond its original 40-year sunset period. Justice Irfan Saadat observed that the current quota allocations are based on provincial population ratios, a point acknowledged by the Additional Attorney General.

However, Justice Mandokhail queried whether this approach — effectively giving larger provinces greater representation — reflects constitutional intent or disproportionately affects smaller provinces. These discussions suggest that the court is wrestling not only with the policy’s religious legitimacy but also its equity and constitutional soundness.

The appeal was filed by the federal government after the FSC’s earlier decision, which held that the quota system contravened Islamic injunctions. The Supreme Court’s Shariat Bench has now formally issued notices to all concerned parties and deferred further hearings to allow more detailed submissions on the legal and religious questions at hand.

Read the full news report here: SC discusses quota system’s legitimacy — The Express Tribune (March 3, 2026)