citing health concerns as the reason for stepping back from the role. The development comes just a day after President Asif Ali Zardari signed the 27th Constitutional Amendment into law, paving the way for the formation of Pakistan’s first-ever constitutional court.
According to sources, Justice Hilali was among the six judges notified for appointment to the FCC. However, she conveyed that she would not be able to assume the position due to medical reasons. Her decision introduces an unexpected gap within the newly composed judicial body and raises questions about who will now replace her.
The FCC was established following the approval of the 27th Amendment by both houses of Parliament. The court’s primary role will be to decide constitutional matters, relieving the Supreme Court of Pakistan from being overburdened with constitutional petitions and allowing it to focus on its appellate jurisdiction. The creation of the FCC marks one of the most significant judicial reforms in recent years.
On Friday, Justice Aminuddin Khan took oath as the first Chief Justice of the FCC during a ceremony held at the Presidency in Islamabad. President Asif Ali Zardari administered the oath, marking the official commencement of the court’s functioning. The remaining judges were expected to be sworn in soon after, but Justice Hilali’s withdrawal now leaves one seat vacant.
Justice Hilali, known for her integrity, judicial clarity, and contributions to human rights jurisprudence, currently serves as a judge of the Supreme Court. Her decision to stay in the Supreme Court rather than transition to the FCC is viewed by some observers as a notable moment amid the ongoing restructuring of the judiciary.
The FCC’s formation comes at a time when the judiciary is undergoing rapid institutional changes. Earlier, Supreme Court judges Justice Mansoor Ali Shah and Justice Athar Minallah tendered their resignations, adding another layer of significance to the evolving landscape.
Legal analysts are now watching closely to see who will be nominated to replace Justice Hilali in the FCC and how quickly the constitutional court will become fully operational. The government is expected to move swiftly to ensure the new court begins functioning without delay, given the weight of constitutional matters pending across the country.
