ISLAMABAD: In a landmark development for Pakistan’s judicial system, the Federal Constitutional Court (FCC) formally commenced its proceedings on Monday after two additional judges were sworn in under the framework of the recently enacted 27th Constitutional Amendment.
Oath Ceremony Expands FCC Bench Strength
Chief Justice Aminuddin Khan administered the oath to Justice Rozi Khan Barrech and Justice Arshad Hussain Shah during a ceremony held at the Islamabad High Court’s (IHC) conference room. With their induction, the Federal Constitutional Court now has seven judges. Just days earlier, Justice Muhammad Kareem Khan Agha joined the court, following the appointments of Justice Syed Hasan Azhar Rizvi, Justice Aamer Farooq, and Justice Ali Baqar Najafi.
Equal Provincial Representation Under 27th Amendment
The FCC was created through the 27th Amendment to ensure balanced provincial representation. Under the new arrangement, the president and prime minister will play central roles in judicial appointments, while the authority to hear constitutional cases previously vested in the Supreme Court has been transferred to the FCC.
Suo Motu Powers Shifted to FCC
One of the most significant changes is the transfer of suo motu powers from the Supreme Court to the FCC. The new court can now take suo motu notice upon petitions, marking a major shift in constitutional authority.
Judicial Leadership and Tenure
Chief Justice Yahya Afridi, sworn in on October 30, 2024, continues to serve as the country’s top judge. Once his three‑year tenure concludes, the senior‑most judge from either the Supreme Court or FCC will assume the position.
Judicial Overhaul Through Amendments
The constitutional reforms also dissolved the Supreme Court’s Constitutional Benches. Under the Supreme Court Practice and Procedure (Amendment) Bill 2025, the power to form case‑hearing benches now rests with a three‑member committee led by the chief justice. The committee includes the chief justice, the most senior judge, and a third member nominated by the top jurist. Decisions will be made by majority vote, with provisions for alternate nominations if a member is absent.
Retirement Age Extended for FCC Judges
Judges of the Federal Constitutional Court will retire at 68, three years later than Supreme Court judges, whose retirement age remains 65.
Formation of FCC Benches
Chief Justice Aminuddin has constituted three benches to begin hearings. Bench 1 includes himself, Justice Najafi, and Justice Hussain. Bench 2 comprises Justice Rizvi and Justice Agha, while Bench 3 features Justice Farooq and Justice Rozi Khan Barrech.
FCC Proceedings Begin in Islamabad High Court
The Federal Constitutional Court officially began hearing cases in Court Room No. 2 of the Islamabad High Court, with Bench 1 presided over by Chief Justice Aminuddin.
Courtroom Shifts and Cause List Updates
Separately, courtroom adjustments are underway. IHC Chief Justice Sarfraz Dogar will now hear cases in Court No. 1, while FCC Chief Justice Aminuddin will preside in Court No. 2. Justice Mohsin Akhtar Kayani’s court has been relocated to Justice Miangul Hassan Aurangzeb’s courtroom. FCC’s Justice Farooq and Justice Rizvi will hear cases on the second floor, alongside IHC’s Justice Muhammad Asif and Justice Khadim Hussain Soomro. The cause list for Justice Asif and Justice Soomro has been cancelled for the day.
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