The Federal Constitutional Court of Pakistan (FCC) — Urdu: وفاقی آئینی عدالت — is Pakistan’s newly established apex institution responsible for constitutional interpretation and resolving intergovernmental disputes. Formed through the Twenty-Seventh Constitutional Amendment (2025), the FCC represents the biggest judicial restructuring in Pakistan’s history. It now serves as the highest authority on constitutional matters, separate from the Supreme Court, which has been redefined as an appellate court for non-constitutional issues.
Federal Constitutional Court of Pakistan Powers, Structure, Judges, Jurisdiction
The Federal Constitutional Court of Pakistan provides official updates through its website, offering access to the latest cause list, details of judges, and information about the Federal Constitutional Court Pakistan building. It works alongside the Supreme Court of Pakistan to uphold constitutional justice. The Constitutional Court of Pakistan judges ensure transparency and fairness in all legal matters, representing the integrity of Pakistan’s judicial system.
Federal Judicial of Pakistan
Formally created in November 2025, the FCC began functioning after Parliament’s approval and presidential assent, marking a new era for constitutional jurisprudence in Pakistan.
Establishment of the Federal Constitutional Court (FCC)
The FCC was created through the 27th Constitutional Amendment, introduced by Law Minister Azam Nazeer Tarar and passed by both houses of Parliament before being signed by President Asif Ali Zardari.
Objective of the Amendment
- Separate constitutional matters from ordinary appeals
- Reduce the burden on the Supreme Court
- Establish a specialized constitutional forum
- Strengthen federal–provincial dispute resolution
- Ensure faster adjudication of constitutional cases
The amendment officially established the Federal Constitutional Court of Pakistan (FCCP) as a permanent judicial body with exclusive constitutional authority.
Jurisdiction And Powers of the FCC
The FCC exercises exclusive and final jurisdiction over all constitutional matters in Pakistan. Its powers include:
1. Federal–Provincial Disputes
The FCC adjudicates disputes:
- Between the Federal Government and any Provincial Government
- Between one province and another
2. Interpretation of the Constitution
The FCC is the only court empowered to interpret the Constitution of Pakistan, and its decisions are binding on all courts, including the Supreme Court.
3. Appeals on Constitutional Questions
Cases from High Courts involving constitutional interpretation automatically fall under the FCC.
4. Enforcement of Fundamental Rights
Petitions related to the violation of fundamental rights may be heard directly by the FCC.
5. Automatic Transfer of Cases
Any ongoing constitutional cases in other courts automatically transfer to the FCC after its creation.
Binding Nature of Decisions
All courts, including the Supreme Court, must follow FCC rulings on constitutional interpretation.
Composition And Appointment of Judges
The FCC is headed by the Chief Justice of the Federal Constitutional Court, supported by judges representing each federating unit of Pakistan.
Total Sanctioned Strength
- 13 judges
Retirement & Terms
- Judges retire at age 68
- Chief Justice serves a three-year fixed term
Appointment Process
Initial Appointments
The first Chief Justice and judges were appointed by:
- President of Pakistan
- On advice of the Prime Minister
Future Appointments
To be made via:
- Judicial Commission of Pakistan (JCP) recommendations
- Confirmation by a Special Parliamentary Committee
This process aims to bring transparency and institutional oversight.
Current Bench of the FCC (2025)
| Order | Judge Name | Appointment Date | Retirement | Province / Unit | Notes |
|---|---|---|---|---|---|
| 1 | Justice Aminuddin Khan | 14 Nov 2025 | 13 Nov 2028 | Punjab | 1st Chief Justice |
| 2 | Justice Hasan Azhar Rizvi | 14 Nov 2025 | 1 Feb 2030 | Sindh | – |
| 3 | Justice Aamer Farooq | 14 Nov 2025 | 25 Apr 2037 | Islamabad | – |
| 4 | Justice Ali Baqar Najafi | 14 Nov 2025 | 14 Sep 2031 | Punjab | – |
| 5 | Justice Rozi Khan Barrech | 14 Nov 2025 | 6 Apr 2032 | Balochistan | – |
| 6 | Justice KK Agha | 14 Nov 2025 | 19 Sep 2032 | Sindh | – |
| 7 | Justice Arshad Hussain Shah | 14 Nov 2025 | 2032 | KP | – |
Relationship Between the FCC and the Supreme Court
The FCC fundamentally changes the judicial structure of Pakistan.
Federal Constitutional Court (FCC) – New Role
- Final authority on constitutional matters
- Federal–provincial dispute settlement
- Interpretation of constitutional provisions
- Protection of fundamental rights
Supreme Court of Pakistan – Post-2025 Role
- Highest appellate court for civil and criminal cases
- No longer holds exclusive constitutional authority
- Functions similar to the appellate role of many other national supreme courts
This restructuring aims to modernize the judiciary and reduce caseload pressure on the Supreme Court.
Controversies And Criticism
The creation of the FCC has generated debate from both domestic and international legal bodies.
1. International Commission of Jurists (ICJ)
The ICJ called the amendment:
- A “flagrant attack on judicial independence”
- A step that may weaken accountability mechanisms
2. Judicial Concerns
Senior judges, including Justice Mansoor Ali Shah, expressed concerns that:
- The FCC may be used as a political tool
- It could undermine existing judicial independence
- It removes central constitutional authority from the Supreme Court
SPPS Pay Scale Controversy
Shortly after establishment, the FCC issued a notification creating multiple high-level posts under the Special Professional Pay Scale (SPPS), including:
- BS-22 Registrar (SPPS-I)
- BS-21 Secretary to CJ
- BS-21 Additional Registrars (6 posts)
- BS-20 Deputy Registrars (6 posts)
- BS-19 Assistant Registrars (10 posts)
- Research Officers, Senior Private Secretaries, Clerks, Drivers, Qasids, Support Staff
Issues Raised Federal Judicial of Pakistan
Government officials stated:
- FCC has not yet framed rules under Article 208
- Until new rules exist, Supreme Court Rules apply, which do not permit SPPS hiring
- SPPS is for highly specialized technical experts, not judicial administration
- No competitive recruitment process or national advertisement was conducted
- SPPS contracts cannot become permanent posts
These concerns have prompted internal review within the FCC.
FCC Registrar, however, stated that the pay packages were “in accordance with the law”.
Significance of the Federal Constitutional Court
Supporters argue that the FCC will:
- Speed up constitutional litigation
- Strengthen federalism
- Reduce Supreme Court’s burden
- Ensure more specialised constitutional adjudication
Critics fear:
- Potential executive influence
- Reduced judicial independence
- Overlap and confusion between courts
Regardless, the FCC is now a permanent and central institution shaping Pakistan’s constitutional future.
Federal Judicial of Pakistan
The Federal Judicial of Pakistan marks a historic shift in Pakistan’s judicial system. With exclusive jurisdiction over constitutional matters, a dedicated bench, and newly restructured powers, the FCC is set to play a decisive role in interpreting Pakistan’s Constitution, safeguarding federalism, and shaping the balance between provincial and federal authorities.
Its formation, debates, and early controversies will continue to influence Pakistan’s legal and political landscape for years to come.