According to the Ministry of Justice, the appointment will take effect from the date Justice Khan takes the oath.
President Asif Ali Zardari has appointed Justice Aminuddin Khan as the first Chief Justice of the Federal Constitutional Court of Pakistan.
According to a notification issued by the Ministry of Law and Justice, the appointment was made “in exercise of powers conferred under sub-section (3) of Article 175-A read with Article 175-C of the Constitution of the Islamic Republic of Pakistan.”
The notification further stated that Justice Khan’s appointment will come into effect from the date he takes oath. This development follows the recent passage of the 27th Constitutional Amendment Bill, which was passed by a two-thirds majority in both houses of Parliament.
According to the new provisions, a Federal Constitutional Court (FCC) will be created with equal provincial representation. The president and prime minister will play key roles in judicial appointments, while certain powers of the Supreme Court will now be transferred to the FCC.
The Judicial Commission of Pakistan (JCP) will supervise the transfer of high court judges. Any objection to such transfers will be reviewed by the Supreme Judicial Council (SJC).
The eligibility requirement for superior court judges to be appointed to the FCC has been reduced from seven to five years. The seniority of sitting Supreme Court judges who join the new court will remain intact, while seniority among those appointed by the bar or high courts will be determined by age.
Read more: Supreme Court Justices Mansoor Ali Shah and Athar Minallah Resign Following Passage of 27th Amendment
Furthermore, the JCP has been expanded to include, in addition to a woman or non-Muslim member, a technocrat nominated by the Speaker of the National Assembly who is qualified to become a member of Parliament, a step aimed at ensuring broader, merit-based representation.
Under the new system, the FCC will exercise suo motu powers only upon written request and after the court has satisfied that there are constitutional grounds for intervention, a measure intended to promote transparency and judicial restraint.
Regarding the transfer of judges, the project authorizes the JCP to process interjudicial transfers. If a judge rejects a transfer without a valid reason, the matter will be referred to the Supreme Judicial Council for a hearing before any decision is made.
