Describes the FCC’s creation as a significant milestone in our national constitutional journey
President Asif Ali Zardari administers the oath of office to Justice Aminuddin Khan as Chief Justice of the Federal Constitutional Court during a ceremony at Aiwan-i-Sadr on Friday. Photo: APP
Federal Constitutional Court Chief Justice Aminuddin Khan on Friday vowed to uphold the constitution with “transparency, independence and integrity”, declaring the protection of fundamental rights the court’s top priority.
In his first public message since assuming office, Justice Aminuddin Khan described the FCC’s creation as “a significant milestone in our national constitutional journey”, renewing Pakistan’s commitment to the rule of law.
The Federal Constitutional Court was established as part of the 27th Constitutional Amendment adopted on 13 November. The amendment declared that the FCC would have original jurisdiction in constitutional disputes amid much opposition from opposition groups and civil rights enforcement cases.
All pending petitions or appeals in the Supreme Court or its constitutional courts, established under the 26th Amendment, must be transferred to the FCC. The amendment also abolished the SC’s suo motu powers and removed Articles 184, 186 and 191A.
Justice Aminuddin emphasized the seriousness of the court’s mandate, describing it as extending beyond mere sentencing. “This court’s role is not merely judicial; it is a sacred trust that directly affects the lives, liberties and aspirations of the nation’s citizens,” he said in the announcement on the FCC’s website.
The chief justice outlined an ambitious vision for the institution, pledging that “every case that comes before us will be treated with exceptional care and justice in accordance with constitutional supremacy, principles of justice and judicial dignity.”
Read: Four IHC judges prepare to challenge 27th constitutional amendment
He emphasized the court’s commitment to establishing a judicial tradition based on reasoned judgments and public trust, which he says are “fundamental to any constitutional court”.
“My sincere wish is that the Federal Constitutional Court should stand as the guardian of constitutional supremacy in Pakistan and as a strong symbol of justice for generations to come,” Justice Khan said. “May Allah grant us the wisdom, humility and unwavering commitment to the Constitution required to fulfill our duties,” he prayed.
Federal Constitutional Courts
The 27th Amendment was widely seen as a blow to judicial independence, with critics warning that the Supreme Court could be placed under the thumb of the Federal Constitutional Court (FCC), whose first chief justice would be appointed by the executive branch.
The court’s establishment has drawn scrutiny from legal experts and opposition offices, who question whether it will function independently or serve to consolidate the government’s influence over constitutional matters.
Read more: FCC lets SC judges question court’s own standing
Four judges of the Islamabad High Court have prepared a draft petition to challenge the 27th constitutional amendment, it was learned on Thursday. According to the sources, a draft petition has been prepared and sent to the apex court for filing, with the formal filing expected later.
Justices Mohsin Akhtar Kiani and Babar Sattar are among the applicants, while Justices Saman Rafat Imtiaz and Sardar Ejaz Ishaq Khan are also part of the group challenging the legislation.
SC Justices Athar Minallah and Justice Mansoor Ali Shah tendered their resignations a day after the amendment was passed. “The Twenty-Seventh Amendment stands as a serious assault on Pakistan’s constitution. It dismantles the Supreme Court of Pakistan, subjects the judiciary to executive control and strikes at the very heart of our constitutional democracy – making justice more distant, more fragile and more vulnerable to its abdication.”
