Who is likely to become Chief Justice of the Federal Constitutional Court?

Justice Aminuddin Khan, who currently heads the constitutional bench of the Supreme Court, is expected to become the first Chief Justice of the Federal Constitutional Court (FCC), a new judicial body set to be established under the 27th Constitutional Amendment aimed at reforming Pakistan’s judicial system.

Composition and purpose of the new court

According to sources, the court will initially include six judges alongside the chief justice. Four of them are expected to come from the Supreme Court — Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Aamer Farooq, and Justice Baqar Najafi — while Justice K.K. Agha from the Sindh High Court and Justice Rozi Khan Barrech, the sitting Chief Justice of the Balochistan High Court, are likely to represent the high courts.

Officials explained that the strength of the FCC will first be set by a Presidential Order, and any future expansion will need parliamentary approval. The President will administer the oath to the FCC Chief Justice, who will later swear in the other judges. Formal appointment notifications are expected to be issued on the advice of the prime minister.

Judicial reform and historical context

The proposal for this court has resurfaced as part of broader judicial reforms to reduce the Supreme Court’s workload and ensure quicker decisions on constitutional questions. The idea dates back to the 2006 Charter of Democracy, signed by the Pakistan People’s Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N), which proposed a separate constitutional court to deal exclusively with constitutional interpretation, leaving the Supreme Court to handle appeals.

Although the plan was discussed again during talks on the 26th Amendment, it was shelved due to opposition from some political groups. Under the revived version, FCC judges will retire at 68, three years later than their Supreme Court counterparts.

Location and inauguration

The new court will be based in the Federal Shariat Court (FSC) building in Islamabad, while the FSC is likely to move to the Islamabad High Court complex. Reports suggest that Shariat Court judges have voiced concern over the move.

Preparations for the oath-taking ceremony are already underway, with President Asif Ali Zardari expected to approve the 27th Amendment Bill today, allowing the FCC to be formally inaugurated on November 13.