Justice Amin-ud-Din Khan, who currently heads the Supreme Court’s constitutional bench, is likely to be appointed as the first Chief Justice of the FCC.
Islamabad: Preparations are in full swing for the oath-taking ceremony of the Chief Justice of the newly established Federal Constitutional Court (FCC), which is expected to be held tomorrow (November 13).
According to official sources, Justice Amin-ud-Din Khan, who currently heads the Supreme Court’s constitutional bench, is likely to be appointed as the first Chief Justice of the FCC.
The new court, being formed under the 27th Constitutional Amendment Bill, will initially comprise seven judges, including the Chief Justice. The President of Pakistan, Asif Ali Zardari, is expected to sign the amendment today (November 12), paving the way for the court’s formal establishment.
Composition of the Court:
The initial lineup is expected to include four judges from the Supreme Court and two from the High Courts, alongside the Chief Justice.
Names reportedly under consideration for appointment are:
Justice Hassan Azhar Rizvi.
Justice Musarrat Hilali.
Justice Aamir Farooq.
Justice Baqar Najafi (Supreme Court).
Justice K.K. Agha (Sindh High Court).
Justice Rozi Khan Barrech (Chief Justice, Balochistan High Court).
The President will administer the oath to the Chief Justice of the FCC, while the remaining judges will be sworn in by the newly appointed Chief Justice.
Jurisdiction and Purpose:
Under the proposed framework, the Federal Constitutional Court will exclusively deal with constitutional matters, thereby reducing the workload of the Supreme Court and ensuring speedier resolution of constitutional disputes.
Government officials have stated that the move aims to enhance the efficiency and dignity of the judiciary while strengthening judicial independence.
The idea of creating a separate constitutional court is not new it was first proposed in the 2006 Charter of Democracy (CoD), signed by the PPP and PML-N, and resurfaced during the 26th Constitutional Amendment discussions, though it was shelved due to political opposition.
According to officials, the FCC will be housed in the current Federal Shariat Court (FSC) building in Islamabad. The Shariat Court, meanwhile, will be relocated to the third floor of the Islamabad High Court building a move that has reportedly caused concern among FSC judges.
Retirement Age and Future Expansion:
The retirement age for FCC judges will be 68 years, three years higher than that of Supreme Court judges. The initial number of judges will be fixed through a presidential order, while any future expansion will require Parliamentary approval.
Next Steps:
Officials from the Ministry of Law have confirmed that the President will issue the appointment orders on the Prime Minister’s recommendation following the signing of the 27th Amendment.
If the schedule proceeds as planned, Justice Amin-ud-Din Khan will take oath as the first Chief Justice of the Federal Constitutional Court tomorrow, marking a historic restructuring of Pakistan’s judicial system.
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