The Federal Constitutional Court (FCC) has determined that tribal chiefs do not have the legal authority to verify national identity cards (CNICs) or domicile certificates. The court emphasized that only designated state officials are empowered to authenticate these official documents.
In a detailed 12-page judgment delivered by a two-member bench led by Justice Aamer Farooq, the FCC clarified that the issuance and verification of identity cards and domiciles are strictly regulated by law. These processes must be conducted by competent authorities authorized under the relevant legislation.
The court further stated that no tribal or customary authority, including tribal chiefs, can be granted powers beyond the legal framework governing civil documentation. It highlighted that Pakistan formally abolished the sardari system in 1976, which stripped traditional tribal structures of any legal status. While tribal customs may persist as local traditions, they cannot supersede statutory law or be recognized for official administrative purposes.
“Legal authority for verification of identity documents rests solely with designated state institutions,” the verdict noted, warning that allowing parallel systems would compromise the integrity of the national documentation process.
Additionally, the court dismissed the petition on the grounds that the petitioner lacked legal standing. The petition had been filed by Ghulam Ali, a tribal chief of the Kharoti tribe in Balochistan, who challenged a lower court ruling. He contended that his tribe’s members faced obstacles in obtaining verification for identity documents, which deprived them of access to official records.
However, the FCC ruled that only individuals directly affected by such issues have the right to seek judicial intervention. This decision highlights the ongoing friction between customary tribal authorities and Pakistan’s formal legal and administrative systems, especially in remote tribal areas where traditional leadership still holds social influence.
