Marking a significant milestone in the country’s judicial and constitutional evolution, Justice Aminuddin Khan was sworn in on Friday as the first Chief Justice of the newly established Federal Constitutional Court (FCC), created under the 27th Constitutional Amendment. President Asif Ali Zardari administered the oath at Aiwan-e-Sadr, a day after approving Justice Aminuddin’s appointment on the advice of Prime Minister Shehbaz Sharif. The appointment was made under Clause (3) of Article 175-A, read with Article 175-C of the Constitution, and took effect immediately upon the oath-taking. The ceremony was attended by Field Marshal Asim Munir, chiefs of the Pakistan Navy and Air Force, PPP Chairman Bilawal Bhutto-Zardari, and senior officials including DPM Ishaq Dar, Ahsan Iqbal, and Finance Minister Muhammad Aurangzeb. Justice Aminuddin, who began his legal practice nearly four decades ago, previously headed the constitutional bench formed after the 26th Amendment — a bench that has since been dissolved. Meanwhile, preparations were underway at the Islamabad High Court (IHC) for the oath-taking ceremony of six newly appointed FCC judges. Justice Aminuddin, after assuming office, will administer their oaths. Sources said that Justice Musarrat Hilali of the Supreme Court has excused herself from joining the FCC due to health concerns. Her bench was recently delisted for the same reason. It has also been decided that Chief Justice Aminuddin will sit in Room No. 1 of the IHC, while IHC Chief Justice Sardar Muhammad Sarfraz Dogar will move to Courtroom No. 2. The FCC is expected to have 13 judges in total. The newly formed FCC, created through the 27th Amendment, will feature equal provincial representation. The president and prime minister will play central roles in judicial appointments. Importantly, the power to hear constitutional matters—previously with the Supreme Court—has now been transferred to the FCC. A major shift includes the transfer of the Supreme Court’s suo motu authority to the FCC, which will now be able to take such notices based on petitions. Chief Justice Yahya Afridi, who assumed office on October 30, 2024, remains the country’s top judge. Following his three-year tenure, the senior-most judge among the SC and FCC judges will take over. The judicial restructuring, introduced through recent amendments and the Supreme Court Practice and Procedure (Amendment) Bill 2025, also shifts the power to form case-hearing benches to a three-member committee led by the Chief Justice. The committee will comprise the chief justice of the Supreme Court, the most senior judge, and a third judge nominated by the country’s top jurist. In the absence of any member, the chief justice may nominate another judge to serve on the committee. Decisions regarding the formation of benches by the committee will be made by a majority vote. The retirement age of judges of the Constitutional Court will be 68 years, three years higher than that of the Supreme Court judges, who currently retire at 65.
Justice Aminuddin Takes Oath as First Chief Justice of Newly Formed Constitutional Court
