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Pakistan’s judicial landscape is on the cusp of transformation with the proposed Federal Constitutional Court (FCC), a dedicated body to handle constitutional matters and alleviate the Supreme Court’s overburdened docket. As the 27th Constitutional Amendment Bill gains momentum—having secured Senate approval on November 10, 2025, and tabled in the National Assembly on November 11—Justice Aminuddin Khan, current head of the Supreme Court’s Constitutional Bench, stands as the leading contender for the inaugural Chief Justice of the FCC. This development underscores a pivotal shift in the nation’s legal framework, rooted in long-standing calls for specialized adjudication.
FCC Structure and Appointments
The FCC is envisioned with an initial bench of seven members, including the Chief Justice, as outlined in the amendment draft. Alongside Justice Khan, shortlisted judges from the Supreme Court include Justices Syed Hasan Azhar Rizvi, Musarrat Hilali, Aamer Farooq, and Ali Baqar Najafi. Representing high courts, Justice K.K. Agha from Sindh High Court—renowned for his international prosecutorial experience at UN tribunals—and Justice Rozi Khan Barrech, Chief Justice of Balochistan High Court since July 2025, are expected to join. The President’s order will fix the starting strength, with expansions requiring parliamentary nod. Appointments, advised by the Prime Minister, will see the President administer the Chief Justice’s oath, followed by the swearing-in of other judges.
This composition aims for balanced representation, drawing from apex and provincial courts to ensure diverse perspectives on constitutional interpretation and intergovernmental disputes.
Reforms and Historical Backdrop
The FCC’s creation revives a vision from the 2006 Charter of Democracy, jointly endorsed by the Pakistan Peoples Party (PPP) and Pakistan Muslim League-Nawaz (PML-N), to segregate constitutional petitions from appellate functions. Revived amid the 26th Amendment’s judicial tweaks, it faced initial resistance but now progresses despite opposition boycotts and protests from groups like PTI, who decry it as an erosion of judicial independence. Key innovations include a retirement age of 68 for judges—three years beyond Supreme Court norms—and a fixed three-year term for the Chief Justice, irrespective of age.
Critics, including retired judges and legal experts, have urged Chief Justice Yahya Afridi to convene a full court review, warning of potential subordination of the Supreme Court. Proponents, however, hail it as a step toward expedited justice and reduced caseloads, with transitional provisions shifting pending constitutional cases to the FCC.
Venue and Launch Timeline
Housed initially in the Federal Shariat Court building in Islamabad, the FCC will prompt the Shariat Court’s relocation to the Islamabad High Court premises, sparking concerns from incumbent Shariat judges over logistics. With the National Assembly’s vote imminent—requiring a two-thirds majority—the amendment could receive presidential assent by November 12, paving the way for inauguration on November 13.
As Pakistan navigates this “radical restructuring,” the FCC promises a more focused judiciary but invites scrutiny on power dynamics between branches of government. Will it fortify constitutional safeguards or centralize authority? The coming days will clarify this landmark evolution in South Asian jurisprudence.
