The enactment of the 27th Constitutional Amendment into law paved the way for the formation of the Federal Constitutional Court (FCC), with the Supreme Court’s Justice Aminuddin Khan being appointed its first chief justice.
Today, Justice Aminuddin was sworn in by President Zardari at a ceremony held at the Aiwan-i-Sadr, with Chief Justice of Pakistan Yahya Afridi sat beside him.
With the FCC set to adjudicate on constitutional cases, here is a summary of Justice Aminuddin’s life and career thus far.
From advocate to judge
According to the Supreme Court’s website, Justice Aminuddin — a second-generation lawyer — was born on December 1, 1960 in Multan. He was awarded a bachelor’s degree in Philosophy in 1981 and completed his LLB from University Law College in Multan in 1984.
He then started practicing with his father, late Khan Sadiq Muhammad Ahsan. Justice Aminuddin became an advocate of the Lahore High Court (LHC) in 1987 and of the Supreme Court in 2001. That same year, he joined Zafar Law Chambers in Multan and worked with the legal firm until he was elevated to the position of a judge of the LHC bench in 2011.
In 2019, Justice Aminuddin was elevated to the Supreme Court, taking his oath of office from then-chief justice Asif Saeed Khosa.
In September last year, he was chosen by then-chief justice of Pakistan Qazi Faez Isa to replace Supreme Court’s Justice Munib Akhtar on the three-judge Practice and Procedure Committee.
The development had come moments after the federal government promulgated an ordinance to amend the Supreme Court (Practice and Procedure) Act 2023, empowering the chief justice to pick any judge of the Supreme Court to be the third member of the body.
Justice Aminuddin was also appointed to head the Supreme Court’s Constitutional Bench in November 2024 following the passage of the 26th Constitutional Amendment while ranking fourth in seniority among Supreme Court judges.
During his career, Justice Aminuddin also assisted renowned lawyers like Mian Nisar Ahmed and Umar Ata Bandial. According to the SC’s website, Justice Aminuddin also worked as an examiner and lecturer at University Law College in Multan, his alma mater.
Notable judgements and cases
Article 63-A case: Justice Aminuddin was part of a five-member bench, headed by then-chief justice Isa, that unanimously accepted in October last year a review petition against the Supreme Court’s 2022 verdict related to the defection clause under Article 63-A of the Constitution.
Through its May 17, 2022 verdict, the court had declared that votes cast contrary to the parliamentary party lines in four instances outlined in Article 63-A should not be counted.
However, the October ruling by the five-member bench meant that in any future legislation, the ballots of lawmakers who vote against party policy would be counted in four instances, namely the election of the prime minister and the chief minister; a vote of confidence or no-confidence; a Constitution amendment bill; and a money bill.
Military trials of civilians case: In May, the Supreme Court’s Constitutional Bench, headed by Justice Aminuddin, restored key provisions of the Pakistan Army Act (PAA), allowing for the trial of civilians in military courts and overturning the Supreme Court’s earlier decision. Justice Aminuddin had announced the 10-page short order of the majority ruling.
The majority judgment explained that Sections 2(1d)(i) and (ii) — which pertain to trying individuals not subject to the Army Act — could not be declared ultra vires on the anvil or bedrock of Article 8(5) of the Constitution, which states that the fundamental rights will not be suspended except as expressly provided by the Constitution.
“Thus, it does not control the rigors of Article 8(3),” the majority judgement explained, adding that no question with regard to the suspension of any fundamental rights was involved within the sphere of influence or realm of Article 233 of the Constitution.
Read the full judgment here.
Reserved seats case: In June, the Constitutional Bench, again headed by Justice Aminuddin, overturned an earlier judgement in the reserved seats case, which stripped the embattled PTI of its reserved seats and handed them over to rival parties in the national and provincial legislatures.
In its detailed verdict, the Constitutional Bench had ruled that the earlier judgment in the case was not justified in granting relief to the PTI by invoking Article 187 of the Constitution, which empowers the court to do ‘complete justice’, when no issue regarding the grant of reserved seats to the party was pending before it.
Read the full judgment here.
26 Amendment case: Prior to the 27th Amendment, the Constitutional Bench headed by Justice Aminuddin had also taken up pleas filed against the 26th Constitutional Amendment — the very legislation that led to the establishment of the bench.
The Amendment, which was approved by both houses of Parliament in October last year, altered judicial authority and tenure, and was a lightning rod for debate with both opposition parties and legal experts questioning its impact on the judiciary’s autonomy, as has been the case with the 27th Amendment.
The last hearing of the case was held on October 23. It was scheduled to be taken up November 10 but was delisted for hearing. It is not yet clear where the case will now land up in, considering the establishment of the FCC.
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