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Pakistan's President Asif Ali Zardari has appointed Justice Aminuddin Khan as the inaugural Chief Justice of Pakistan's newly created Federal Constitutional Court (FCC), formed after a major change in the basic structure of the country's constitution following the passing of the 27th Amendment earlier this week.
According to The Express Tribune, citing a notification issued by Pakistan's Ministry of Law and Justice, the appointment has been made under Article 175-A(3) read with Article 175-C of the Constitution. Justice Khan will formally assume charge once he takes the oath of office. His elevation comes after Parliament passed the 27th Constitutional Amendment with the required two-thirds majority, paving the way for the establishment of the FCC, The Express Tribune reported. Under the amendment, the new court will be formed with equal representation from all provinces. Pakistan's President and Prime Minister will play central roles in judicial appointments, while several powers previously held by the Supreme Court will now be shifted to the FCC, as reported by The Express Tribune. The Judicial Commission of Pakistan (JCP) has been tasked with handling the transfer of high court judges, with any objections to be reviewed by the Supreme Judicial Council (SJC). The eligibility requirement for high court judges to serve in the FCC has been reduced from seven years to five. Seniority of sitting Supreme Court judges joining the FCC will remain unaffected, while the seniority of appointees from the bar or high courts will be determined by age, as per the new amendment, cited by The Express Tribune. The composition of the JCP has also been broadened to include, in addition to a woman or non-Muslim member, a technocrat nominated by the speaker of Pakistan's National Assembly who is qualified to become a parliamentarian -- a move aimed at ensuring wider and more merit-based representation. The amendment also revises the use of suo motu powers, which the FCC will now exercise only on a written request and after determining that constitutional grounds exist for such action, a provision designed to enhance transparency and judicial restraint, The Express Tribune reported. Additionally, the JCP has been authorised to manage inter-court transfers. If a judge refuses a transfer without a valid justification, the matter will be referred to the SJC for a hearing before any final decision is made. (ANI)
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