Describes the creation of the FCC as an important milestone in our national constitutional journey
President Asif Ali Zardari swears in Justice Aminuddin Khan as the President 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 that protection of fundamental rights is the court’s top priority.
In his first public message since taking office, Justice Aminuddin Khan described the creation of the FCC as “an important milestone in our national constitutional journey” that renews Pakistan’s commitment to the rule of law.
The Federal Constitutional Court was established as part of the 27th Constitutional Amendment enacted on November 13. The Amendment established that the FCC would have original jurisdiction in constitutional disputes amid much resistance from opposition groups and fundamental rights enforcement cases.
All petitions or appeals pending in the Supreme Court or its constitutional courts, established under the 26th Constitutional Amendment, must be transferred to the FCC. The Amendment also abolished the suo motu powers of the SC and removed Articles 184, 186 and 191A.
Justice Aminuddin emphasized the gravity of the court’s mandate, describing it as extending beyond mere adjudication. “The role of this court 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 message posted on the FCC website.
The chief justice outlined an ambitious vision for the institution, promising that “every matter brought before us will be treated with exceptional care and fairness, in accordance with constitutional supremacy, the principles of justice and judicial dignity.”
Read: Four IHC judges prepare to challenge the 27th Constitutional Amendment
He highlighted the court’s commitment to establishing a judicial tradition based on reasoned rulings and public trust, which he said are “fundamental for any constitutional court.”
“My sincere wish is that the Federal Constitutional Court will be the guardian of constitutional supremacy in Pakistan and 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 necessary to fulfill our duties,” he prayed.
Federal Constitutional Courts
The 27th Constitutional Amendment was widely perceived as a blow to the independence of the judiciary, with critics warning that the Supreme Court could come under the control of the Federal Constitutional Court (FCC), whose first chief judge would be appointed by the executive.
The court’s establishment has come under scrutiny from legal experts and opposition courts who question whether it will operate independently or serve to consolidate the government’s influence over constitutional matters.
Read more: FCC leaves SC judges questioning court’s own status
Four judges of the Islamabad High Court have prepared a draft petition challenging the 27th Constitutional Amendment, it emerged on Thursday. According to sources, a draft petition has been prepared and sent to the high court for filing, with formal filing expected later.
Justices Mohsin Akhtar Kiani and Babar Sattar are among the petitioners, while Justices Saman Rafat Imtiaz and Sardar Ejaz Ishaq Khan are also part of the group challenging the legislation.
SC judges Athar Minallah and Justice Mansoor Ali Shah tendered their resignations a day after the amendment was passed. “The Twenty-Seventh Constitutional Amendment constitutes a serious assault on the Constitution of Pakistan. It dismantles the Supreme Court of Pakistan, subjugates 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 power,” Justice Mansoor said in his resignation.
