Under the current Taliban government, the court has no independence or power of judicial review; the supreme leader of Afghanistan holds the ultimate authority to decide and interpret the law and may overturn any decision of any court.

During Democratic Republic of Afghanistan Supreme Court have been chaired by Nizamuddin Tahzib[4] then by Abdul Karim Shadan.

Its creation was called for by the Bonn Agreement, which read in part: At the time of its dissolution, the court was made up of the following justices: The nine justices on the tribunal are appointed for 10-year terms by the President of Afghanistan, with the approval of the Wolesi Jirga, the lower house of the nation's legislature.

Despite controversy surrounding the validity of Shinwari's legal credentials, his nomination was allowed to continue, but ultimately failed when voted on in the National Assembly.

Karzai then chose his legal counsel, Abdul Salam Azimi, to succeed Shinwari.