Justice Aminuddin Khan, currently presiding over the Supreme Court’s constitutional bench, is poised to become the inaugural Chief Justice of Pakistan’s newly established Federal Constitutional Court (FCC), created through the landmark 27th Constitutional Amendment.
Court Composition and Judicial Appointments
The FCC will initially comprise seven members, including the Chief Justice and six additional judges. Four Supreme Court justices—Hasan Azhar Rizvi, Musarrat Hilali, Aamer Farooq, and Baqar Najafi—are expected to join the new institution. High Court representation will include Justice K.K. Agha from Sindh and Chief Justice Rozi Khan Barrech from Balochistan.
A Presidential Order will determine the court’s initial strength, with subsequent expansions requiring parliamentary authorization. President Asif Ali Zardari will administer the oath to the Chief Justice, who will subsequently swear in remaining judges based on the Prime Minister’s recommendations.
Historical Background and Judicial Reforms
This constitutional court concept originated in the 2006 Charter of Democracy, jointly proposed by PPP and PML-N leadership. The initiative aims to segregate constitutional interpretation from appellate jurisdiction, thereby reducing the Supreme Court’s caseload and expediting constitutional matters.
Though previously considered during 26th Amendment discussions, political opposition delayed implementation. The current framework allows FCC judges to serve until age 68, extending their tenure three years beyond Supreme Court justices.
Infrastructure and Timeline
The FCC will operate from the Federal Shariat Court building in Islamabad, with the Shariat Court relocating to the Islamabad High Court premises. This transition has reportedly generated concerns among Shariat Court judges.
President Zardari is expected to approve the 27th Amendment Bill today, paving the way for the FCC’s official inauguration on November 13. Preparations for the oath-taking ceremony are currently underway, marking a significant milestone in Pakistan’s judicial evolution and constitutional governance.
