CJ Aminuddin hopes FCC will act as custodian of constitutional supremacy

Federal Constitutional Court Chief Justice Aminuddin Khan pledged Friday to uphold the Constitution with "transparency, independence, and integrity," declaring the protection of fundamental rights the court's top priority.

In his first public message since assuming office, Justice Aminuddin Khan described the FCC's creation as "a significant milestone in our national constitutional journey" that renews Pakistan's commitment to the rule of law.

The Federal Constitutional Court was established as part of the 27th Constitutional Amendment enacted on November 13. The Amendment stated that the FCC would have original jurisdiction in Constitutional disputes amid much resistance from opposition groups and fundamental rights enforcement cases.

All pending petitions or appeals in the Supreme Court or its constitutional benches, established under the 26th Constitutional Amendment, are to be transferred to the FCC. The Amendment also abolished the suo motu powers of the SC and removed Articles 184, 186, and 191A.

Justice Aminuddin emphasised the gravity of the court's mandate, describing it as extending beyond mere adjudication. "The role of this court is not merely judicial; it is a sacred trust that directly affects the lives, freedoms, and aspirations of the citizens of the nation," he said in the message posted on FCC website.

The chief justice outlined an ambitious vision for the institution, promising that "every matter that comes before us will be handled with exceptional care and fairness, in accordance with constitutional supremacy, principles of justice, and judicial dignity."

Read: Four IHC judges prepare to challenge 27th Constitutional Amendment

He stressed the court's commitment to establishing a judicial tradition grounded in reasoned judgments and public confidence, which he says are "foundational to any constitutional court".

"My sincere wish is for the Federal Constitutional Court to stand as the guardian of constitutional supremacy in Pakistan and as a strong symbol of justice for generations to come," Justice Khan said. “May Allah grant us the wisdom, humility, and unwavering commitment to the Constitution required to fulfil our duties,” he prayed.

Federal Constitutional Courts

The 27th Constitutional Amendment was widely perceived as a blow to the independence of the judiciary, with critics warning that the Supreme Court could be placed under the thumb of the Federal Constitutional Court (FCC), whose first chief judge would be appointed by the executive.

The court's establishment has drawn scrutiny from legal experts and opposition benches who question whether it will operate independently or serve to consolidate government influence over constitutional matters.

Read more: FCC leaves SC judges questioning court's own status

Four judges of the Islamabad High Court have prepared a draft petition to challenge the 27th Constitutional Amendment, it was learnt on Thursday. According to the sources, a draft petition has been prepared and forwarded to the apex court for filing, with the formal submission expected later.

Justices Mohsin Akhtar Kiani and Babar Sattar are among the applicants, while Justices Saman Rafat Imtiaz and Sardar Ejaz Ishaq Khan are also part of the group contesting the legislation.

SC Justices Athar Minallah and Justice Mansoor Ali Shah handed in their resignations a day after the Amendment was passed. "The Twenty-Seventh Constitutional Amendment stands as a grave assault on the Constitution of Pakistan. It dismantles the Supreme Court of Pakistan, subjugates the judiciary to executive control, and strikes at the very heart of our constitutional democracy- making justice more distant, more fragile, and more vulnerable to power," Justice Mansoor stated in his resignation.