ISLAMABAD: The Federal Constitutional Court became fully operational on Monday after two more judges took oath under the recently enacted 27th Constitutional Amendment. FCC Chief Justice Aminuddin Khan administered the oath to Justice Rozi Khan Barrech and Justice Arshad Hussain Shah in the Islamabad High Court’s conference room. Their induction raised the total number of judges on the new court to seven.
Amendment Reshapes Judicial Structure
Justice Muhammad Kareem Khan Agha took oath on Saturday, following the earlier appointments of Justice Syed Hasan Azhar Rizvi, Justice Aamer Farooq and Justice Ali Baqar Najafi. The 27th Amendment created the Federal Constitutional Court with equal provincial representation. The amendment shifted major constitutional powers from the Supreme Court to the FCC, including jurisdiction on constitutional matters and the authority to take suo motu notice on petitions. The president and prime minister will play key roles in judicial appointments under the revised framework.
Tenure and Seniority Rules Clearly Defined
Chief Justice Yahya Afridi, sworn in on October 30, 2024, remains the country’s top judge. However, the post will transfer after his three-year tenure to the senior-most judge among the Supreme Court and FCC judges. The judicial overhaul dissolved the Supreme Court’s Constitutional Benches and introduced a new system for forming hearing benches. Under the Supreme Court Practice and Procedure (Amendment) Bill 2025, a three-member committee now holds this authority. The chief justice heads the committee, joined by the senior-most judge and a third judge nominated by the chief justice. Decisions will be taken by majority vote, and replacements may be nominated if any member is unavailable.
Operational Framework Takes Shape
The retirement age for FCC judges has been set at 68, three years higher than the retirement age for Supreme Court judges. Justice Aminuddin has constituted three FCC benches. Bench 1 includes the chief justice, Justice Najafi and Justice Hussain. Bench 2 includes Justice Rizvi and Justice Agha, while Bench 3 comprises Justice Farooq and Justice Rozi Khan Barrech.
FCC Begins Hearings at Islamabad High Court
The court began its proceedings in Court Room No. 2 of the Islamabad High Court with Bench 1. Meanwhile, the process of shifting courtrooms is underway. IHC Chief Justice Sarfraz Dogar will hear cases in Court No. 1. FCC Chief Justice Aminuddin will continue proceedings in Court No. 2. Justice Mohsin Akhtar Kayani’s courtroom has been reassigned to Justice Miangul Hassan Aurangzeb. FCC’s Justice Farooq and Justice Rizvi will hear cases on the second floor where Justice Muhammad Asif and Justice Khadim Hussain Soomro’s courtrooms are located. Their cause list for today has been cancelled.
