Justice Aminuddin set to be sworn in as first CJ of newly formed Constitutional Court

• President Zardari to administer oath to Justice Aminuddin.
• Will be first to lead newly formed Federal Constitutional Court.
•  FCC formed under 27th Amendment, has suo motu powers.
  

ISLAMABAD:Justice Aminuddin Khan is set to be sworn in as the first Chief Justice of the newly formed Federal Constitutional Court (FCC) today (Friday) under the 27th Constitutional Amendment.

President Asif Ali Zardari will administer the oath to Justice Aminuddin at the President House today, a day after he approved his appointment to the key post on the advice of Prime Minister Shehbaz Sharif.

The president made the appointment under clause (3) of Article 175-A, read with Article 175-C of the Constitution. It added that it would come into effect from the date that Justice Aminuddin took his oath.

Justice Aminuddin, whose legal practice started around four decades back, was previously serving as the head of the now-dissolved constitutional bench, which was formed as a result of the 26th Constitutional Amendment last year.

Meanwhile, the sources say that arrangements were being made in the open area between the judges’ and administration block in the Islamabad High Court (IHC) for the oath-taking ceremony of six judges of the FCC.

Justice Aminuddin will administer the oath to other FCC judges after being sworn in as the chief justice, with the event expected to take place at around 11am.

The new court, which has been established as a result of the 27th Amendment, is set to have equal provincial representation. The president and the prime minister will play key roles in judicial appointments, while powers to hear constitutional cases of the Supreme Court will be transferred to the new court.

A crucial power of the Supreme Court, taking suo motu notices, has also been transferred to the FCC, which has been empowered to take suo motu notice upon petitions.

Chief Justice Yahya Afridi, who was sworn to the coveted post on October 30, 2024, still remains the top judge; however, once his tenure ends after the stipulated three years, the senior-most judge from amongst the SC and FCC judges will become the top judge.

The judicial overhaul, part of the latest amendments, not only paved the way for dissolving the Constitutional Benches but also, through the Supreme Court Practice and Procedure (Amendment) Bill 2025, transferred the authority to constitute case-hearing benches to a three-member committee headed 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.