Review: Pakistan’s Federal Constitutional Court

Pakistan intends to form a Federal Constitutional Court in its judicial structure through the 26^th amendment in 1973 constitution of Pakistan.

Review: Pakistan’s Federal Constitutional Court. A draft of 26^th amendment shows establishment of a seven-member constitutional commission for the appointment of judges in federal and provincial constitutional courts.

The amendment aims to establish a federal constitutional court alongside four provincial constitutional courts. The initial Chief Justice of the federal constitutional court will be appointed by the President based on the Prime Minister’s advice, with the first judges appointed through consultation between the President and the Chief Justice of the federal constitutional court.

Going forward, the appointment of chief justices and judges for constitutional courts will be the responsibility of the seven-member constitutional commission, which will include the Chief Justice of the federal constitutional court, two senior judges, a retired judge designated by the Chief Justice, the federal law minister, the Attorney General, and a representative from the Pakistan Bar Council (PBC).

Members from both the government and opposition will also be included in the commission. The Chief Justice and judges of the federal constitutional court will serve for three years, with a retirement age set at 68.

Additionally, a federal constitutional council will be created for the removal of judges. The retirement age for judges in the federal constitutional court will be set at 67, while the Chief Justice’s term will be limited to three years.

Changes in Judicial Appointment Process

The amendment also affects the judicial appointment process. The chief justice will be appointed by an eight-member parliamentary committee from among three senior judges. The draft has also proposed the removal of the clause that mandates the senior-most judge to become Chief Justice.

Instead, the parliamentary committee will recommend one of the three senior-most judges to the Prime Minister, who will then forward the name to the President for approval.

The composition of the parliamentary committee will reflect the representation of different parties based on their number of assembly members.

The retirement age for Supreme Court of Pakistan judges will remain at 65 years, with the Chief Justice’s tenure capped at three years.

The constitutional amendment will also require annual performance reports for High Court judges, allowing those with poor performance to receive improvement opportunities before being referred to the Supreme Judicial Council for further action.

Additionally, the title of the Chief Justice of Pakistan will be changed to “Chief Justice of the Supreme Court,” and Article 63-A will include provisions for counting votes of dissenting members.

Review: Pakistan’s Federal Constitutional Court

The existence of Constitutional Courts is a common judicial structure in 77 countries across the world. The Constitutional Court is mandated to take up the review of constitutional governance in any region or country. Several European countries have Constitutional Courts in their judicial structures including Germany, France, Portugal and Spain. The following list shares the constitutional courts around the world:

Europe

1. Albania, Constitutional Court
2. Andorra, Constitutional Court
3. Austria, Constitutional Court
4. Belarus, Constitutional Court
5. Belgium, Constitutional Court
6. Bosnia and Herzegovina, Constitutional Court
7. Bulgaria, Constitutional Court
8. Croatia, Constitutional Court
9. Czech Republic, Constitutional Court
10. Finland, Supreme Administrative Court
11. France, Constitutional Council
12. Georgia, Constitutional Court
13. Germany, Federal Constitutional Court
14. Hungary, Constitutional Court
15. Italy, Constitutional Court
16. Kosovo, Constitutional Court
17. Latvia, Constitutional Court
18. Lithuania, Constitutional Court
19. Macedonia, Constitutional Court
20. Moldova, Constitutional Court
21. Montenegro, Constitutional Court
22. Netherlands, Council of State
23. Constitutional Court; Poland, Constitutional Tribunal
24. Portugal, Constitutional Court
25. Romania, Constitutional Court
26. Russia,Constitutional Court
27. Serbia, Constitutional Court
28. Slovakia, Constitutional Court
29. Slovenia, Constitutional Court
30. Spain, Constitutional Court
31. Sweden, Supreme Administrative Court
32. Ukraine, Constitutional Court

Africa

1. Algeria, Constitutional Council
2. Angola, Constitutional Court
3. Benin, Constitutional Court
4. Burkina Faso, Constitutional Council
5. Burundi, Constitutional Court
6. Cape Verde, Constitutional Court
7. Chad, Constitutional Council
8. Comoros, Constitutional Court
9. Congo (Brazzaville), Constitutional Court
10. Congo, Democratic Republic, Constitutional Court
11. Céte d’Ivoire, Constitutional Council
12. Egypt, Supreme Constitutional Court
13. Gabon, Constitutional Court
14. Madagascar, High Constitutional Court
15. Mali, Constitutional Court
16. Mauritania, Constitutional Council
17. Mongolia, Constitutional Court
18. Morocco, Constitutional Council
19. Mozambique, Constitutional Council
20. Niger, Constitutional Court
21. Senegal, Constitutional Council
22. South Africa, Constitutional Court
23. Togo, Constitutional Court

Asia

1. Armenia, Constitutional Court
2. Azerbaijan, Constitutional Court
3. Bahrain, Constitutional Court
4. Indonesia, Constitutional Court
5. Jordan, Constitutional Court
6. Kazakhstan, Constitutional Council
7. South Korea, Constitutional Court:
8. Kuwait, Constitutional Court;
9. Kyrgyzstan Constitutional Chamber of the Supreme Court
10. Lebanon, Constitutional Council
11. Tajikistan, Constitutional Court
12. Thailand, Constitutional Court
13. Turkey, Constitutional Court
14. Uzbekistan, Constitutional Court

South America

1. Chile, Constitutional Court
2. Colombia, Constitutional Court
3. Ecuador, Constitutional Court
4. Mexico, Electoral Court of the Federal Judiciary
5. Brazil, Federal Supreme Court

North America

1. Costa Rica, Constitutional Chamber of the Supreme Court
2. Dominican Republic, Constitutional Court
3. Nicaragua, Constitutional Chamber of the Supreme Court

It shows that the concept of a Constitutional Court is a functional judicial structure in many regions around the world. As Pakistan incorporates a Federal Constitutional Court in its judicial system. It may proceed towards judicial reforms in a true manner.