Federal Constitutional Court gets first CJ, Justice Aminuddin Khan

President Asif Ali Zardari has appointed Justice Aminuddin Khan as the first chief justice of the Federal Constitutional Court of Pakistan.

According to a notification issued by the Ministry of Law and Justice, the appointment was made “in exercise of the powers conferred under clause (3) of Article 175-A read with Article 175-C of the Constitution of the Islamic Republic of Pakistan.”

The notification further stated that Justice Khan’s appointment will take effect from the date he takes oath of office. The development follows the recent passage of the 27th Constitution Amendment Bill, which was approved by a two-thirds majority in both houses of Parliament.

Under the new provisions, a Federal Constitutional Court (FCC) will be established with equal provincial representation. The president and prime minister will play pivotal roles in judicial appointments, while certain powers of the Supreme Court will now be transferred to the FCC.

The Judicial Commission of Pakistan (JCP) will oversee the transfer of high court judges. Any objections to such transfers will be reviewed by the Supreme Judicial Council (SJC).

The eligibility requirement for high court judges to be appointed to the FCC has been reduced from seven to five years. The seniority of sitting Supreme Court judges joining the new court will remain intact, while seniority among appointees from the bar or high courts will be determined by age.

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Additionally, the JCP has been expanded to include, besides a woman or non-Muslim member, a technocrat nominated by the speaker of the National Assembly who is qualified to become a member of Parliament — a step aimed at ensuring broader, merit-based representation.

Under the new system, suo motu powers will be exercised by the FCC only upon a written application, and after the court’s satisfaction that constitutional grounds exist for intervention — a move intended to promote transparency and judicial restraint.

Regarding the transfer of judges, the bill authorises the JCP to process inter-court transfers. If a judge declines a transfer without valid reason, the matter will be referred to the Supreme Judicial Council for hearing before any decision is made.