Supreme Court Judge Steps Back
Justice Musarrat Hilali, a senior judge of Pakistan’s Supreme Court, has decided not to serve on the newly formed Federal Constitutional Court. Sources close to the matter said her decision was driven by ongoing health issues.
Her name had been under serious consideration for a seat on the Federal Constitutional Court, established under Pakistan’s 27th Constitutional Amendment. However, recent health problems led her to step aside.
Health Issues Affect Judicial Duties
Insiders reported that Justice Hilali’s bench had been temporarily delisted in recent days due to her health. This affected her ability to take on the responsibilities of the Federal Constitutional Court.
While the details of her health remain private, legal experts note that serving on Pakistan’s highest constitutional court requires significant stamina. Justice Hilali likely weighed these demands when making her decision.
Formation of the Federal Constitutional Court
The National Assembly and Senate recently approved the 27th Constitutional Amendment. The amendment formally establishes the Federal Constitutional Court and outlines its authority over constitutional matters.
Prime Minister Shehbaz Sharif recommended Justice Aminuddin as the first Chief Justice of the new court. His appointment marks the start of the court’s operations and reflects the government’s intent to strengthen constitutional adjudication in Pakistan.
The Federal Constitutional Court will handle major constitutional disputes. These include federal-provincial relations, interpretation of fundamental rights, and review of executive actions. Analysts say the court could shape Pakistan’s governance framework for years.
Judicial Resignations Signal Concerns
The Federal Constitutional Court has sparked debate within the judiciary. Two senior Supreme Court judges, Justice Mansoor Ali Khan and Justice Athar Minallah, opposed the 27th Constitutional Amendment. Both submitted their resignations to the President of Pakistan.
Observers see their resignations as a statement of principle. They raised concerns about the amendment’s impact on judicial independence and the structure of Pakistan’s top courts.
Implications for Pakistan’s Legal System
Justice Hilali’s withdrawal, along with the resignations of senior judges, marks a critical transition for Pakistan’s judiciary. While the Federal Constitutional Court aims to clarify constitutional authority, questions remain about how it will operate.
Legal experts note that the court’s initial appointments will influence major constitutional decisions for decades. Chief Justice Aminuddin’s leadership will set the tone for its functioning and public perception.
The government emphasizes that the Federal Constitutional Court will strengthen the rule of law. It will provide an impartial mechanism for resolving constitutional disputes. However, critics argue that the recent resignations show lingering concerns about judicial autonomy.
Conclusion
As Pakistan launches its Federal Constitutional Court, Justice Musarrat Hilali’s decision and the senior judges’ resignations highlight challenges in judicial reform. The coming months will reveal how the new court asserts its authority and shapes Pakistan’s legal landscape.
