Summary:
Pakistan is set to establish a Constitutional Court under the proposed 27th Amendment, commencing with seven judges and a retirement age of 68. This significant judicial reform, aimed at streamlining constitutional matters and reducing the Supreme Court’s caseload, revives a long-standing proposal from the Charter of Democracy. Justice Aminuddin Khan is anticipated to be the first Chief Justice.
Pakistan to Establish New Constitutional Court with Seven Judges
A Constitutional Court is slated for establishment in Pakistan under the proposed 27th Constitutional Amendment. This significant government decision, revealed by official sources, marks a major step towards reforming the nation’s judicial structure. The initiative aims to create a specialized forum, initially comprising seven judges, dedicated solely to constitutional matters.
The concept of establishing a specific Constitutional Court is not new. It was first articulated in the Charter of Democracy (CoD) signed between the Pakistan Peoples Party and the Pakistan Muslim League-Nawaz in 2006. This proposal has now been revived and is actively under discussion among the current coalition partners as part of a broader constitutional reform package.
Establishing the Constitutional Court
Under the proposed plan, judges of the new Constitutional Court will have a retirement age of 68 years. This is three years higher than the current retirement age of 65 for Supreme Court judges, reflecting the unique specialization and tenure envisioned for this new body. Justice Aminuddin Khan is widely considered the likely candidate to serve as the first Chief Justice of this pivotal court.
The physical location of the Constitutional Court is also under consideration, with two primary options being explored. One suggestion proposes housing it within the existing Islamabad High Court (IHC) building, requiring the IHC to relocate to its former G-10 premises. The alternative, and reportedly more probable, option is to establish the court in the Federal Shariat Court (FSC) building, with the Federal Service Tribunal (FST) potentially occupying one floor.
Operational Aspects of the Constitutional Court
The initial bench of seven judges is expected to be formed by selecting five members from the existing Supreme Court’s constitutional bench. Additionally, judges from various High Courts, including the Balochistan High Court and Sindh High Court, are being considered for elevation. These specialized selections aim to bolster the expertise of the new forum. Further details on judicial appointments can often be found on platforms like SindhNews.com.
Officials confirm that the proposed Constitutional Court would exclusively handle constitutional matters. This specialization is projected to significantly reduce the Supreme Court’s substantial workload, facilitating faster and more focused adjudication of complex constitutional disputes. This strategic move fulfills a long-standing objective within the CoD that has remained unimplemented until now.
The establishment of the Constitutional Court represents a crucial institutional reform designed to enhance judicial efficiency and ensure dedicated attention to constitutional interpretation. This development could reshape how critical legal disputes are addressed, contributing to a more effective and specialized justice delivery system in Pakistan.