The 2026 Rules: Power, Vacancies and the ‘Controlled Court’ Debate Around Pakistan’s Federal Constitutional Court

In 2026, Pakistan's newly established Federal Constitutional Court (FCC) notified its Practice and Procedure Rules, concentrating bench-formation power in the chief justice. The rules abandon the Supreme Court's three-judge committee model introduced by the 2026 Act. Critics warn that this 'master of roster' system weakens transparency and revives the 'like-minded bench' problem. Named lawyer Abdul Moiz Jaferii defends the rules as a disciplined, military-camp-like unit needed before the court builds independent standing. The FCC was created through the 26th and 27th Constitutional Amendments to handle fundamental-rights enforcement and constitutional interpretation. With seven judicial seats vacant and more than 23,000 pending cases against an Rs6.048 billion budget, capacity risk compounds legitimacy risk. Judges are appointed by the federal government, and politically sensitive cases—including Imran Khan and PTI-related matters—make every procedural choice consequential. The court's first rulings will determine whether the 'controlled court' narrative sticks. Key signals to watch: how the chief justice uses sole discretion, when vacancies are filled, and whether FCC rulings diverge from government interests.