Pakistan’s judiciary underwent a monumental shift Friday with the swearing-in of Justice Aminuddin Khan as the first Chief Justice of the new Federal Constitutional Court, a historic development tempered by rising fears among some legal experts that the reforms could paradoxically expand executive influence over judicial matters.
Justice Khan, a senior judge of the Supreme Court, begins his tenure at the helm of an institution created to reshape the country’s legal framework. Born in Multan in 1960 to a prominent legal family, he completed his law degree in 1984 and started his career under his father’s tutelage.
His legal journey saw him become eligible to practice before the Lahore High Court in 1987 and later gain a license to appear before the Supreme Court in 2001. He was associated with the Zafar Law Firm in Multan until his elevation to the Lahore High Court in 2011, followed by his appointment to the nation’s highest court in 2019.
Esteemed for his judicial restraint and methodical approach, Justice Khan has authored numerous significant civil and constitutional judgments. His reputation as one of the judiciary’s most meticulous thinkers was solidified in 2024 when he was chosen to head the Supreme Court’s Constitutional Bench, placing him at the forefront of critical constitutional issues.
The establishment of the Federal Constitutional Court (FCC), made possible by the 27th Constitutional Amendment, is intended to streamline justice. Its primary objectives are to serve as the definitive interpreter of the Constitution, lighten the Supreme Court’s extensive caseload, and hasten the resolution of constitutional disputes.
The concept of a dedicated constitutional court is not new, having been first proposed nearly two decades ago in the 2006 Charter of Democracy. Despite being revisited during deliberations for the 26th Amendment, political disagreements previously prevented its realization.
However, the new judicial structure has not been universally welcomed. A number of legal commentators have expressed apprehension, pointing to revised mechanisms, such as a three-member committee influencing bench formation in the Supreme Court, as potential avenues for the executive branch to exert greater sway over judicial affairs.
As Justice Khan assumes leadership of the nascent FCC, he confronts the significant challenge of defining its identity, asserting its autonomy, and fulfilling the heightened expectations for its role in protecting constitutional governance in Pakistan.