Pakistan is entering a significant phase of judicial restructuring as Justice Aminuddin Khan prepares to take oath today (Friday) as the first Chief Justice of the newly established Federal Constitutional Court. The development marks one of the most consequential outcomes of the 27th Constitutional Amendment, which has reshaped the structure of constitutional adjudication in the country. Although the new system promises a more specialised approach to constitutional issues, it also introduces major adjustments to judicial hierarchy and powers.
Justice Aminuddin’s swearing-in will be held at the President House, where President Asif Ali Zardari will administer the oath. The appointment followed the advice of Prime Minister Shehbaz Sharif and was made under Article 175-A(3), read with Article 175-C. The appointment becomes effective once the oath is taken.
Justice Aminuddin’s Journey and Role in Earlier Constitutional Bench
Justice Aminuddin brings nearly four decades of legal experience to his new role. His extensive professional background includes serving as the head of the constitutional bench created under the 26th Constitutional Amendment. That bench was dissolved after the latest amendment restructured the constitutional judicial framework. His leadership of that bench placed him at the center of many complexities surrounding constitutional interpretation.
With the 27th Amendment now fully operational, the new Federal Constitutional Court replaces the earlier bench system entirely. Justice Aminuddin therefore moves from leading the dissolved bench to building the foundation of this new court.
A New Court with Expanded Authority and Equal Provincial Representation
The Federal Constitutional Court has been established as the primary forum for constitutional interpretation. It now handles constitutional cases previously heard by the Supreme Court. The amendment grants this court exclusive jurisdiction over constitutional disputes, as well as matters involving fundamental rights. Equal provincial representation has been included to ensure a balanced judicial structure.
The president and the prime minister hold significant influence in appointing judges for the FCC. Additionally, future appointments will involve processes defined under the revised Judicial Commission framework. Therefore, the appointment system blends political recommendation with institutional oversight.
Transfer of Suo Motu Authority to the New Court
One of the most impactful features involves the transfer of suo motu authority. The Supreme Court previously held this power. However, under the new system, the Federal Constitutional Court can now take suo motu notices through petitions. This expansion of authority gives the FCC a direct role in urgent constitutional matters.
The shift marks a notable redistribution of judicial powers. Moreover, it adds a new layer of institutional responsibility. Because the FCC now handles suo motu cases, the Supreme Court’s earlier structure of extraordinary constitutional powers no longer applies in the same way.
Supreme Court’s Leadership Structure After the Overhaul
Chief Justice Yahya Afridi remains the head of the Supreme Court. He took oath as the country’s top judge on October 30, 2024. His tenure continues under the rules that grant a three-year term. After his tenure ends, the senior-most judge from among the Supreme Court and the Federal Constitutional Court judges will assume the position of the top judge.
This new rotation system changes the seniority mechanism traditionally linked to the Supreme Court alone. Therefore, the judicial leadership now includes both courts in one seniority ladder.
Reshaped Bench Formation Through a Three-Member Committee
The judicial overhaul also amended the structure for forming case-hearing benches. According to the Supreme Court Practice and Procedure (Amendment) Bill 2025, a three-member committee will now handle bench formation. This committee includes the Chief Justice of the Supreme Court, the senior-most judge, and a third judge selected by the chief justice.
If any member becomes unavailable, the chief justice may nominate another judge to join the committee. Decisions will be made through majority vote. Therefore, the power to create benches has moved from individual discretion to a more institutionalised process.
Age of Retirement and Court Structure Adjustments
Judges of the Federal Constitutional Court will retire at the age of 68. This age limit is higher than the Supreme Court’s retirement age of 65. The three-year difference creates a distinct judicial path for FCC judges. It also ensures longer service for those handling constitutional matters.
The amendment’s structural changes dissolved the earlier constitutional benches and redirected constitutional interpretation to the FCC. As a result, two courts now operate in parallel with separate jurisdictions and powers.
A Transformative Moment for Pakistan’s Constitutional Landscape
Justice Aminuddin’s elevation marks a defining moment in Pakistan’s judicial history. The new court changes how constitutional interpretation functions. It also introduces new processes for appointments, suo motu cases, and bench formation. These reforms reshape judicial authority and alter long-standing institutional practices.
Although the new court promises a focused approach to constitutional matters, it also presents a major shift in how judicial power is distributed. The balance between institutions, the relationship between the executive and judiciary, and the future of constitutional oversight will now evolve under this new structure.
Justice Aminuddin now steps into a role that requires not only leadership but also the ability to set judicial standards for a newly constructed court. As Pakistan enters this phase of constitutional transformation, his leadership will help define the Federal Constitutional Court’s judicial identity for years to come.
