- President Zardari administers oath to Justice Aminuddin Khan.
- Judge is first to lead newly formed Federal Constitutional Court.
- FCC formed under 27th Amendment, has suo motu powers.
ISLAMABAD: Marking a historic point in country’s judicial and constitutional history, Justice Aminuddin Khan on Friday was sworn in as the first Chief Justice of the newly formed Federal Constitutional Court (FCC) today (Friday) under the 27th Constitutional Amendment.
President Asif Ali Zardari administered the oath to Justice Aminuddin at the Aiwan-e-Sadar today, a day after he approved his appointment to the key post on the advice of Prime Minister Shehbaz Sharif.
The president made the appointment under clause (3) of Article 175-A, read with Article 175-C of the Constitution. It added that it would come into effect from the date that Justice Aminuddin took his oath.
The oath-taking ceremony was attended by Field Marshal Asim Munir, Pakistan Navy and Pakistan Air Force chiefs, Pakistan Peoples Party Chairman Bilawal Bhutto-Zardari and federal ministers including DPM Ishaq Dar, Ahsan Iqbal, Finance Minister Muhammad Aurangzeb and other dignitaries and officials.
Justice Aminuddin, whose legal practice started around four decades back, was previously serving as the head of the now-dissolved constitutional bench, which was formed as a result of the 26th Constitutional Amendment last year.
The Ministry of Law has also issued a notification for the appointment of six judges to the FCC. The judges include Justice Syed Hasan Azhar Rizvi, Justice Aamer Farooq, Justice Ali Baqar Najafi, Justice Muhammad Karim Khan Agha, Justice Rozi Khan Barrech and Justice Arshad Hussain Shah.
Meanwhile, Justice Aminuddin later administered the oath to other three out of total six FCC judges after being sworn in as the CJ of the said court. Three judges, namely, Justice Farooq, Justice Najafi and Justice Rizvi have taken oath in the first phase.
The oath-taking ceremony was held at the open area between the judges’ and administration block in the Islamabad High Court (IHC).
Separately, the sources have said that Supreme Court’s Justice Musarrat Hilali has recused herself from becoming part of the FCC citing health issues. Justice Hilali’s name came under consideration for FCC but she expressed unwillingness to go to the newly formed court, the sources said. Her bench was also delisted recently due to ill health.
Also, FCC head Justice Aminuddin will sit in Room No 1 of the IHC, whereas the IHC CJ Sardar Muhammad Sarfraz Dogar will be shifted to Court Room No 2.
The number of FCC judges is likely to be 13, the sources added.
The new court, which has been established as a result of the 27th Amendment, is set to have equal provincial representation. The president and the prime minister will play key roles in judicial appointments, while powers to hear constitutional cases of the Supreme Court will be transferred to the new court.
A crucial power of the Supreme Court, taking suo motu notices, has also been transferred to the FCC, which has been empowered to take suo motu notice upon petitions.
Chief Justice Yahya Afridi, who was sworn to the coveted post on October 30, 2024, still remains the top judge; however, once his tenure ends after the stipulated three years, the senior-most judge from amongst the SC and FCC judges will become the top judge.
The judicial overhaul, part of the latest amendments, not only paved the way for dissolving the Constitutional Benches but also, through the Supreme Court Practice and Procedure (Amendment) Bill 2025, transferred the authority to constitute case-hearing benches to a three-member committee headed by the Chief Justice.
The committee will comprise the chief justice of the Supreme Court, the most senior judge, and a third judge nominated by the country’s top jurist.
In the absence of any member, the chief justice may nominate another judge to serve on the committee. Decisions regarding the formation of benches by the committee will be made by a majority vote.
The retirement age of judges of the Constitutional Court will be 68 years, three years higher than that of the Supreme Court judges, who currently retire at 65.
