Pakistan’s 27th Constitutional Amendment establishes the new Federal Constitutional Court, marking a major shift in judicial powers. Justice Aminuddin Khan becomes its first Chief Justice as the country restructures constitutional oversight and judicial authority.
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ISLAMABAD: On Thursday, President Asif Ali Zardari approved the appointment of Supreme Court Judge Justice Aminuddin Khan as the first Chief Justice of the newly-established Federal Constitutional Court (FCC).
The appointment, made on the advice of Prime Minister Shehbaz Sharif, follows the signing of the 27th Constitutional Amendment, a sweeping and controversial reform that restructures Pakistan’s top courts.
According to the Law Ministry’s notification, Justice Khan’s appointment will come into effect once he takes the oath of office. The oath-taking ceremony is scheduled for Friday at the Presidency, with top judges, senior officials and government dignitaries invited.
The 27th Amendment mandates the creation of the Federal Constitutional Court, which will now exclusively handle:
- Constitutional interpretation
- Federal–provincial disputes
- Fundamental rights matter
- Suo motu actions (now allowed only upon petitions)
This marks a major shift in Pakistan’s judicial hierarchy. The Supreme Court, previously the final authority on constitutional matters, will now focus largely on civil and criminal appeals.
The relocation of suo motu powers, long a crucial supervisory function of the Supreme Court, is one of the most significant changes introduced by the amended legislation.
The rapid restructuring has sparked intense debate and concerns over judicial independence.
Earlier on Thursday, Supreme Court Justices Mansoor Ali Shah and Athar Minallah resigned in protest, stating that the amendment undermines the Constitution and weakens the Supreme Court by stripping it of essential powers.
Pakistan’s 27th Constitutional Amendment Bill also includes sweeping reforms to the country’s military command structure. The amendment proposes the creation of a powerful new post, the Chief of Defence Forces (CDF) — a role that will be held concurrently by the Chief of Army Staff (COAS). Under the revised Article 243, both positions will be appointed by the President on the Prime Minister’s advice.
The CDF will oversee a unified command system, replacing the Chairman Joint Chiefs of Staff Committee, which is set to be abolished on November 27, 2025. The CDF will also select the head of the National Strategic Command, in consultation with the Prime Minister, from within the Pakistan Army.
The bill further authorizes promotions to the prestigious ranks of Field Marshal, Marshal of the Air Force, and Admiral of the Fleet, with the rank of Field Marshal designated as lifelong.
Beyond military restructuring, the amendment outlines reforms across five major areas:
- Establishment of the Federal Constitutional Court
- Changes to the judicial appointment process
- New rules for forming provincial cabinets
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The 49-clause bill has been referred to the Senate Standing Committees on Law and Justice for detailed review. Opposition leaders, including PTI’s Ali Zafar, have criticized the government’s haste, noting that the draft was shared with the opposition only hours before the debate. Despite pushback, Prime Minister Shehbaz Sharif has expressed full support for the amendment.
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