Supreme Court Justice Musarrat Hilali has declined her appointment to the newly created Federal Constitutional Court (FCC), citing health concerns. Her decision comes at a time when the court’s formation under the 27th Constitutional Amendment has sparked intense debate and controversy within the judiciary.
The FCC was established to resolve constitutional disputes between the federal and provincial governments. Under the new structure, judges will retire at the age of 68, while the chief justice will serve a three-year term. Justice Ameenuddin has been appointed as the court’s first chief justice.
Justice Hilali’s refusal adds to the growing unease surrounding the amendment. Earlier, Justices Mansoor Ali Shah and Athar Minallah resigned from the Supreme Court in protest, calling the amendment a threat to judicial independence. They warned that the new system weakens the authority of the Supreme Court and undermines the spirit of the Constitution.
Legal experts say these developments highlight a widening divide over the impact of the FCC on Pakistan’s judicial framework. Supporters argue the new court will streamline constitutional cases, but critics fear it may shift power away from the Supreme Court and give the executive greater control.
Justice Hilali’s decision further intensifies the debate, raising questions about the future of judicial autonomy and the balance of power within Pakistan’s constitutional system.
