ISLAMABAD: In a landmark judicial reform move, Pakistan’s government plans to create a dedicated Constitutional Court under the proposed 27th Constitutional Amendment, a step officials say will modernize the country’s legal system and align it with international models of constitutional adjudication.
The initiative — seen as part of a broader effort to overhaul Pakistan’s judiciary — seeks to separate constitutional interpretation from appellate functions, streamline case management, and reinforce the independence of the judiciary, following a concept first envisioned in the 2006 Charter of Democracy.
According to official sources, the new court will initially comprise seven judges, who will retire at the age of 68 — three years older than the retirement age of Supreme Court judges, who currently retire at 65. Justice Aminuddin Khan, head of the Supreme Court’s Constitutional Bench, is expected to be appointed as the first Chief Justice of the Constitutional Court.
The establishment of this court revives a long-standing proposal first envisioned in the Charter of Democracy (CoD), signed between the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) in 2006.
The idea, now being revived as part of a broader constitutional reform agenda discussed among the government’s coalition partners, aims to enhance judicial independence and streamline constitutional dispute resolution.
Officials confirmed that the new court will operate independently of the Supreme Court and is likely to be housed in the Federal Shariat Court (FSC) building. Among the seven judges, five are expected to be drawn from the current Supreme Court Constitutional Bench, while the remaining positions may be filled by high court judges, particularly from Balochistan and Sindh.
The Constitutional Court will exclusively handle constitutional matters, including federal-provincial disputes, constitutional interpretation, and related issues. The reform aims to reduce the Supreme Court’s workload, speed up constitutional litigation, and strengthen the separation of judicial functions — a concept long discussed but never implemented since the CoD.
If approved by Parliament, the 27th Constitutional Amendment will mark a significant structural change in Pakistan’s judicial system, aligning it with global models where specialized constitutional courts — such as those in Germany, South Korea, and Turkey — play a pivotal role in upholding constitutional governance.
Legal experts say the creation of a separate Constitutional Court could redefine Pakistan’s judicial hierarchy and help address concerns over the overburdened Supreme Court, which currently handles both constitutional and appellate cases.
Observers believe the initiative could strengthen judicial independence and bring greater consistency in constitutional interpretation. However, some critics caution that the new arrangement may lead to institutional overlap unless the amendment clearly delineates the jurisdictions of the Constitutional and Supreme Courts.
Pakistan, Judiciary Reform, 27th Constitutional Amendment, Constitutional Court Pakistan
