FCC becomes operational after two more judges take oath

ISLAMABAD: The Federal Constitutional Court (FCC) on Monday became operational after two more judges were sworn in to serve on the newly formed court established under the recently passed 27th Constitutional Amendment.

FCC Chief Justice Aminuddin Khan administered the oath to Justice Rozi Khan Barrech and Justice Arshad Hussain Shah in the Islamabad High Court’s (IHC) conference room, taking the total number of judges of the court to seven.

On Saturday, Justice Muhammad Kareem Khan Agha was sworn in as FCC judge which was preceded by the oath-taking of Justice Syed Hasan Azhar Rizvi, Justice Aamer Farooq and Justice Ali Baqar Najafi.

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. 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. Meanwhile, Justice Aminuddin has constituted three FCC benches with Bench 1 including himself along with Justice Najafi and Justice Hussain.

Justice Rizvi and Justice Agha are part of Bench 2, and Bench 3 includes Justice Farooq and Justice Rozi Khan Barrech. The FCC has formally began its proceedings in IHC’s Court Room No 2 with Bench 1, under Justice Aminunddin.

Separately, the process of shifting courtrooms is underway with IHC Chief Justice Sarfraz Dogar set to hear cases in Court No 1 and FCC Chief Justice Aminuddin in Court No 2 — from where Justice Mohsin Akhtar Kayani’s court has been shifted to Justice Miangul Hassan Aurangzeb’s court.

FCC’s Justice Farooq and Justice Rizvi will hear cases on second floor where IHC’s Justice Muhammad Asif and Justice Khadim Hussain Soomro’s courts exist. The cause list for Justice Asif and Justice Soomro, however, had been cancelled for Monday.