ISLAMABAD: As the 27th Constitutional Amendment progresses through parliament, the government has begun restructuring the superior judiciary by shortlisting seven judges for appointment to the proposed Federal Constitutional Court (FCC). The new court is intended to handle constitutional interpretation and intergovernmental disputes, easing the workload of the Supreme Court.
Official sources said Justice Aminuddin Khan, currently heading the Supreme Court’s Constitutional Bench, is being considered as the likely chief justice of the FCC. Other potential nominees include Supreme Court Justices Syed Hasan Azhar Rizvi, Musarrat Hilali, Aamer Farooq, and Ali Baqar Najafi, along with Justice K.K. Agha of the Sindh High Court and Justice Rozi Khan Barrech, chief justice of the Balochistan High Court.
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The initial strength of the FCC will be determined by a Presidential Order, while any increase in judges will require an Act of Parliament. Appointments will be made by the president on the prime minister’s advice. The FCC will have exclusive jurisdiction over constitutional interpretation, intergovernmental disputes, presidential orders, and constitutional amendments. Judges will retire at 68, three years beyond the Supreme Court’s age limit, ensuring continuity and attracting experienced jurists.
The FCC will be housed in the Federal Shariat Court building in Islamabad, with the Shariat Court moving to the Islamabad High Court, symbolically and administratively separating the FCC from the Supreme Court and other superior courts. The initiative, first proposed in the 2006 Charter of Democracy and later considered under the 26th Amendment draft, is being revived to improve judicial efficiency and strengthen judicial independence.
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The shortlisted judges boast extensive legal experience. Justice Aminuddin Khan has authored landmark judgments in civil and constitutional law. Justice Musarrat Hilali is the first woman chief justice of the Peshawar High Court. Justice K.K. Agha has served in international tribunals, while others bring decades of experience in constitutional, civil, and administrative law, highlighting the government’s focus on expertise for the new court.