Constitution must remain supreme, every exercise of public authority must be within its limits: FCC CJ

Federal Constitutional Court (FCC) Chief Justice Aminuddin Khan on Tuesday stressed constitutional supremacy and observed that every public exercise must be in accordance with it.

“The Constitution must remain supreme and every exercise of the public authority must remain with in its constitutional boundaries,” he said while addressing an event in Islamabad.

The FCC chief justice noted that the Constitution was the “supreme expression of the collective will of the people”.

He went on to say that an institution created under it derives its authority from it and remains subject to its limits. The FCC was created under the 27th Constitutional Amendment passed in November 2025.

“Therefore, the fundamental philosophy that must guide the court is simple yet profound,” Justice Aminuddin added.

He described the creation of the FCC as an “important institutional development in the constitutional history of Pakistan”.

Justice Aminuddin highlighted that constitutional adjudication occupied a “unique position in the administration of justice”.

“It concerns not merely disputes between individuals but questions touching the very structure of state, the distribution of constitutional powers, the protection of fundamental rights and the preservation of the constitutional order.”

Recalling the challenges faced by the FCC upon its creation, Justice Aminuddin recalled that the court did not inherit a “fully developed institutional infrastructure” when it was created.

“We had to built an institution while simultaneously performing the judicial responsibilities entrusted to us by the Constitution,” he highlighted.

“In many respect we began our journey from scratch,” the top FCC judge remarked.

“There was no prolong period of institutional preparation before justice would begin; the court was established, the judges took their oath and the constitutional responsibility of adjudication commenced,” he said.

Recalling that three benches of the FCC commenced their work on the day the judges took their oath, Justice Aminuddin said that “moment remains a powerful reminder of the spirit with which this institution was born”.

He noted that the FCC initially began its functioning from the building of the Islamabad High Court (IHC), before it later moved to its current premises, which was formerly the Federal Shariat Court’s (FSC) building.

The transition itself was a formidable institutional exercise,” the FCC chief justice said, adding that the court’s building was constructed about 46 years ago and was originally designed to accommodate around 100 employees.

“Today, however, nearly 400 officers, officials and attached staff of this court are working within these premises,” the judge observed.

“Space is limited. Facilities are under considerable pressure,” he regretted, pointing out that some officials work in improvised cabins and compact work stations.

Justice Aminuddin remarked: “Yet, despite these physical limitations, the work has continued and it has continued because institutions are ultimately not built by the concrete and bricks alone.

“Institutions are built by people. They are built by commitments.”

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