essay on judiciary system in pakistan

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Essay On Judicial System Of Pakistan – 100, 150, 200, 250, 300, 500 words

The judicial system of Pakistan is an integral part of the country’s governance, tasked with upholding the rule of law and ensuring justice for all citizens. As a key pillar of the state, the judiciary plays a crucial role in interpreting and enforcing laws, resolving disputes, and safeguarding the rights and liberties of individuals. The system is composed of various courts, including the Supreme Court, High Courts, and lower courts, each with its own jurisdiction and responsibilities.

Over the years, the judicial system in Pakistan has undergone significant developments and reforms aimed at enhancing its effectiveness, transparency, and independence. Despite these efforts, challenges such as backlog of cases, delays in the dispensation of justice, and issues related to access to justice persist. Understanding the intricacies of the judicial system is essential to comprehend its functions, structure, and impact on the society at large.

In this blog post, we will delve into various aspects of the judicial system of Pakistan, exploring its evolution, current status, and future prospects. Through a series of essays, we aim to provide insights into the challenges and opportunities facing the judiciary, the impact of judicial decisions on society, and the importance of a robust and efficient legal system in a democratic society.

100 words Essay On Judicial System Of Pakistan

The judicial system of Pakistan plays a crucial role in upholding the rule of law and ensuring justice for all. The system is based on the principles of independence, impartiality, and fairness. The Supreme Court is the highest judicial authority, followed by High Courts and lower courts. The system is a blend of British common law and Islamic law, with the Constitution serving as the supreme law of the land. However, the judicial system faces challenges such as delays in court proceedings, corruption, and lack of access to justice for marginalized communities. Despite these challenges, efforts are being made to reform and strengthen the judicial system to ensure speedy and effective justice delivery.

150 words Essay On Judicial System Of Pakistan

The judicial system of Pakistan plays a crucial role in upholding the rule of law and ensuring justice for all individuals in the country. The system is composed of a hierarchical structure, with the Supreme Court at the apex, followed by High Courts, District Courts, and Magistrate Courts. Each court is responsible for adjudicating disputes, interpreting laws, and ensuring the enforcement of legal rights.

The judiciary in Pakistan faces several challenges, including delays in the disposal of cases, lack of resources, and corruption. Despite these challenges, the judiciary has taken steps to improve its efficiency and transparency, such as introducing alternative dispute resolution mechanisms and implementing technology to streamline court processes.

The independence of the judiciary is vital for the functioning of a democratic society, and it is essential that the judiciary in Pakistan remains impartial and free from external influence to uphold the principles of justice and fairness for all citizens.

200 words Essay On Judicial System Of Pakistan

Pakistan’s judicial system plays a crucial role in upholding the rule of law and ensuring justice for its citizens. The system consists of a hierarchical structure, with the Supreme Court at the apex, followed by high courts at the provincial level, and subordinate courts at the district and lower levels.

The Supreme Court of Pakistan is the highest judicial authority in the country and has the power to hear appeals from lower courts, as well as to interpret the constitution. The high courts of each province have jurisdiction over their respective regions and handle both civil and criminal cases. The lower courts, including district and sessions courts, magistrate courts, and special courts, are responsible for adjudicating disputes at the grassroots level.

One of the key features of Pakistan’s judicial system is the concept of separation of powers, where the judiciary operates independently from the executive and legislative branches of government. This separation ensures that judges are able to make impartial decisions based on the law, rather than being influenced by political pressures.

However, the system has its challenges, including issues of backlog, delays in court proceedings, and corruption. Efforts are being made to address these issues through reforms aimed at improving efficiency, transparency, and accountability within the judiciary.

In conclusion, Pakistan’s judicial system is a cornerstone of the country’s democratic framework, and efforts to strengthen and reform it are essential to ensuring access to justice and upholding the rule of law.

250 words Essay On Judicial System Of Pakistan

The judicial system of Pakistan plays a crucial role in upholding the rule of law and ensuring justice for its citizens. The system comprises of different levels of courts, including the Supreme Court, High Courts, District Courts, and Special Courts. The judiciary in Pakistan is independent and impartial, responsible for interpreting laws and resolving disputes in a fair and transparent manner.

The Supreme Court of Pakistan is the highest judicial authority in the country, with the power to hear appeals from lower courts and deal with constitutional matters. The Chief Justice of Pakistan heads the Supreme Court and is responsible for administering justice at a national level. The High Courts are the highest courts in each province and have jurisdiction over civil and criminal cases within their respective territories.

The District Courts function at the grassroots level, hearing cases related to family matters, property disputes, and criminal offenses. Special Courts are established to deal with specific areas of law, such as anti-terrorism courts and anti-corruption courts.

The judicial system in Pakistan faces challenges such as delays in the disposal of cases, lack of resources, and corruption. Efforts are being made to address these issues through reforms and modernization of the judiciary. The introduction of alternative dispute resolution mechanisms and the use of technology have helped improve the efficiency and effectiveness of the judicial system.

Overall, the judicial system of Pakistan plays a crucial role in safeguarding the rights of its citizens and upholding the principles of justice and equality. It is essential for a functioning democracy and a just society.

300 words Essay On Judicial System Of Pakistan

The judicial system of Pakistan plays a crucial role in upholding the rule of law and ensuring justice for all citizens. It is a well-established system that consists of different levels of courts, each with specific jurisdictions and functions. The judiciary in Pakistan is independent and autonomous, as enshrined in the Constitution of the country.

The Supreme Court of Pakistan is the apex court in the judicial hierarchy and serves as the final arbiter of legal disputes. It has the power to interpret the constitution, review laws, and ensure that government actions are in line with the principles of justice and fairness. The Supreme Court also has the authority to hear cases involving fundamental rights and constitutional matters.

Below the Supreme Court are the High Courts, which have jurisdiction over specific provinces or regions. These courts hear appeals from lower courts and have original jurisdiction over certain matters, such as cases involving high-ranking government officials. The High Courts also play a vital role in interpreting laws and ensuring their proper application.

The district and sessions courts form the lower tier of the judicial system in Pakistan. These courts have jurisdiction over specific districts and handle a wide range of civil and criminal cases. They play a crucial role in delivering justice at the grassroots level and resolving disputes in a timely and efficient manner.

One of the key features of the judicial system in Pakistan is the presence of specialized courts, such as anti-terrorism courts, family courts, and labor courts. These courts are designed to address specific types of cases and ensure that they are dealt with expeditiously and effectively.

Despite its strengths, the judicial system in Pakistan faces some challenges, such as delays in the disposal of cases, a backlog of pending cases, and issues related to court infrastructure and resources. Efforts are being made to address these challenges and improve the efficiency and effectiveness of the judicial system.

In conclusion, the judicial system of Pakistan is a vital institution that plays a crucial role in upholding the rule of law, protecting citizens’ rights, and ensuring justice for all. It is essential for the judiciary to continue to work towards enhancing its capacity and addressing its challenges to serve the people of Pakistan better.

500 words Essay On Judicial System Of Pakistan

The judicial system in Pakistan plays a crucial role in upholding the rule of law and ensuring justice for all citizens. It is an integral part of the country’s governance structure and is responsible for interpreting and enforcing the laws of the land. The judiciary in Pakistan is comprised of a three-tier system, consisting of the Supreme Court at the apex, High Courts in each province, and lower courts at the district and tehsil levels.

The Supreme Court of Pakistan is the highest court in the country and serves as the final court of appeal. It has original, appellate, and advisory jurisdiction, and is responsible for interpreting the Constitution of Pakistan. The Chief Justice of Pakistan heads the Supreme Court, along with a panel of judges who are appointed by the President on the advice of the Prime Minister. The Supreme Court plays a crucial role in safeguarding the fundamental rights of citizens, ensuring transparency and accountability in governance, and settling disputes between the federal and provincial governments.

The High Courts in Pakistan are the highest judicial bodies in each province and are responsible for overseeing the administration of justice at the provincial level. They have both appellate and original jurisdiction, and hear cases that are beyond the jurisdiction of lower courts. Each High Court is presided over by the Chief Justice of the High Court, along with a panel of judges who are appointed by the President on the advice of the Governor of the province. The High Courts play a significant role in ensuring the rule of law at the provincial level, protecting the rights of citizens, and maintaining judicial independence.

The lower courts in Pakistan are the frontline of the judicial system and are responsible for hearing cases at the district and tehsil levels. These courts include the civil courts, criminal courts, family courts, and special courts for specific matters such as anti-terrorism and narcotics cases. The judges in lower courts are appointed by the respective High Courts, and they play a vital role in administering justice at the grassroots level, resolving disputes between individuals, and ensuring access to justice for all citizens.

The judicial system in Pakistan faces several challenges, including delays in the disposal of cases, lack of resources and infrastructure, and instances of corruption and inefficiency. The backlog of pending cases is a significant issue, with millions of cases pending in courts across the country. This not only leads to delays in delivering justice but also undermines the credibility of the judicial system. In addition, there are concerns about the lack of independence of the judiciary, with allegations of political interference and influence in the appointment and promotion of judges.

To address these challenges, several reforms have been introduced in the judicial system of Pakistan. The introduction of alternative dispute resolution mechanisms, such as mediation and arbitration, has helped in reducing the backlog of cases and promoting speedy resolution of disputes. Efforts have also been made to improve the infrastructure of the courts, provide training to judicial officers, and strengthen accountability mechanisms to address instances of corruption and misconduct.

In conclusion, the judicial system of Pakistan plays a vital role in upholding the rule of law and ensuring justice for all citizens. Despite facing challenges, the judiciary in Pakistan continues to strive for transparency, accountability, and independence. By implementing reforms and strengthening the institutions of the judiciary, Pakistan can further improve access to justice, protect the rights of its citizens, and uphold the principles of democracy and the rule of law.

Final Words

In conclusion, the judicial system of Pakistan plays a crucial role in upholding the rule of law and ensuring justice for all citizens. Despite facing various challenges, such as delays in the delivery of justice, lack of resources, and corruption, the judiciary in Pakistan continues to strive towards transparency, accountability, and fairness. Reforms are essential to strengthen the judicial system, improve efficiency, and enhance access to justice for all individuals. It is imperative for the government, judiciary, legal professionals, and civil society to work together to address these issues and build a more responsive and effective legal system. By doing so, Pakistan can promote the rule of law, protect fundamental rights, and foster trust in the judicial system among its citizens. Ultimately, a strong and independent judiciary is vital for the progress, stability, and development of any nation, including Pakistan.

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Essay: The judicial system in Pakistan

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• Subject area(s): Law essays
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• Published: 18 February 2017*
• Last Modified: 18 February 2017
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The current judicial system of Pakistan roots back to the medieval period and even before. The judicial system that we practice today has advanced over a long period of time, crossing roughly over a whole era. The system has passed through several epochs, covering the Hindu era, Muslim period including the Mughal Empire, British colonial period and post-independence chapter. Notwithstanding the successive changes i.e. one rule/dynasty substituted by the other, which naturally resulted in the socio-economic and political transformation of the Indian society, the judicial system generally maintained a steady growth and gradual advance towards consolidation and improvement/refinement, without indeed, having to undergo any major disruption or breakdown . During this process of progress and growth, the judicial system did receive encouragements and inspirations from foreign doctrines/notions and homegrown norms/practices, both in terms of organizing courts\’ structure, hierarchy, jurisdiction and adopting trial procedures/practices. Consequently, the present judicial system is not a completely foreign transplant, as is commonly assumed, but has attained a native flavor and national color. And while the system may not fully suit the prodigy of our people or meet the local conditions, its continued application and practice has made it comprehensible to the common man. The very fact that increasing number of people are resorting to the courts for the resolution of their conflicts/disputes, indicates that the system enjoys a degree of legitimacy and acceptance . The thesis is anchored on the research questions: What is affecting the dispensation of justice on the protection of fundamental human rights in Pakistan? What are the causes of delays and backlogs? 1.2 Research Aims and Objectives “Justice delayed is justice denied”. No society can exist without justice. And justice is conveyed to the people by a strong, feasible judiciary. Judiciary, being one of the significant structures of the state, plays important role in the solidity of society, as it provides quick respite to the public. But when justice is delayed, the letdown of judiciary starts. As a consequence, society drops into disorder. In case of Pakistan, this also holds true. Judiciary cannot deliver justice expeditiously to the people . The purpose of this thesis is to focus on the delay and backlogs in the judicial system of Pakistan, which results in the deferrals of fundamental human rights. Also what causes the delays, despite of various law commissions/committees constituted by the government in order to develop ways and means to meet the challenge of delayed justice? The topic “Challenge of Delayed Justice” is not a new one but has endured a subject of discussion and negotiation for well-known Jurists, Scholars and various Law Commissions/Committees established by the Government in order to change ways and means to meet the challenge of delayed justice . Though, the anticipated results could not be accomplished. Since 1956, consecutive governments have come up with a large number of Commissions and Committees on judicial reforms, the details of which are as follows :- • Commission on Marriage and Family Laws, 1956; • Law Restructuring Commission, 1958; • Law Reform Commission, 1967; • High Powered Law Reform Committee, 1974; • Law Committee for Recommending Measures for Speedy Discarding of Civil Litigation, 1978; • Secretaries’ Committee set up by the President to Examine the Recommendations of the Law Committee set up for Recommending Measures for Speedy Disposal of Civil Litigation, 1979; • Committee to Formulate Concrete Proposals for Simplifying the Present Legal Procedure In 1981, the government set up a perpetual Pakistan Law Commission (PLC). The Pakistan Law Commission has been issuing judicial figures and the Pakistan Law Digest (PLD), but it has not been very definite in shifting the nature of understanding of justice. Some of the commendations of these commissions relating to the Family Laws Decree, the formation of the Federal Judicial Academy, the Pakistan Law Commission and parting of the executive from the judiciary have been applied after a substantial delay. Substantive issues about day-to-day dispensation of justice, such as those concerning court facilities, structures, salaries of the judges, changes in procedure serving, making of witnesses, developments in examination and trial of criminal cases, implementation of rules and codes to cut down on delay and protracted inaction and prison improvements have not been implemented despite their repeated enunciation in reports . Members of civil society have also come up with thoughts for judicial reform. One such idea was to restore the judiciary through developments in inducements, organizations, infrastructure and information . The examination points out that the government’s political will to modification needs to be absorbed in a manner that will lead to incentive of judicial officials through better incentives and employing a Federal Public Service Commission, better internal and external answerability and checking by introducing measures such as the experiment by jury system and selection of a parliamentary protection of citizen’s rights, changing infrastructural limits such as delivery of professional court clerks, calculation facilities, law interns, libraries and the easing of a better quality of decision-making through proper lawful instruction and training for judges which would require enhancements in law colleges’ prospectuses . 1.3 Civil and Criminal Justice in Pakistan There is no doubt that delay in justice is not only a dare but stances a thoughtful hazard to the civil and criminal justice system in Pakistan. In spite of the fact that delay is a worldwide occurrence but in Pakistan, the place has become startling. The Pakistan Law Commission has taken knowledge of the subject and detected that “the civil and criminal justice system in Pakistan is challenged today with stern predicaments of irregular postponements . Delay in lawsuit of civil and criminal cases has become lingering and familiar. The phenomenon is not limited to Pakistan; it is rather old and universal. It is intrinsic in every judicial system which accurately pickets against any injustice being done to an individual, in a civil argument or a criminal trial. A dominant code of the criminal justice system is that a suspect is chastised only after his fault is evidenced beyond rational uncertainty. Similarly, justice stresses, that in a trial of a civil case, the argument must be definite and firmly in accordance with law and on the values of equity, justice and fair trial . Such universally documented and time-tested principles are in accord with the commands of Islam as the Holy Quran orders that Muslims must avoid unfairness, coercion, and suppression” . In Pakistan, one stern disadvantage of the management of justice is, delay. Delays always befall in the removal of civil and criminal cases. It is usual for an ordinary civil suit to dawdle on for as long as two decades, and on the conclusion of the trial, possibly additional half a decade passes by in the implementation of the verdict. In criminal cases also, the situation is quite gloomy. Rare delays occur in the discarding of cases by the courts . An example of uncommon delays is established by the fact that, conferring to a rough number, presently more than two-thirds of the jail prisoners includes of under-trial convicts. Such phenomenon corrodes the trust of the people and their sureness in the management of justice. Delays in the settlement of civil disputes, further prompt hindrance to the litigant community, also obstruct the socio-economic development of the society. It aids as a deterrent to foreign investment in our economy and disturbs our trade relations with foreign governments/multi-national companies . UN guideline for Prosecution and Prosecutors Qualifications, selection and training 1. “Persons selected as prosecutors shall be individuals of integrity and ability, with appropriate training and qualifications”. 2. States shall ensure that: (a) “Selection criteria for prosecutors embody safeguards against appointments based on partiality or prejudice, excluding any discrimination against a person on the grounds of race, colour, sex, language, religion, political or other opinion, national, social or ethnic origin, property, birth, economic or other status, except that it shall not be considered discriminatory to require a candidate for prosecutorial office to be a national of the country concerned”; (b) “Prosecutors have appropriate education and training and should be made aware of the ideals and ethical duties of their office, of the constitutional and statutory protections for the rights of the suspect and the victim, and of human rights and fundamental freedoms recognized by national and international law” . Status and conditions of service Prosecutors, as vital agents of the management of justice, shall at all times uphold the honour and dignity of their profession. States shall safeguard that prosecutors are able to do their professional functions without pressure, interference, annoyance, inappropriate intrusion or baseless exposure to civil, penal or other liability. Prosecutors and their families shall be substantially protected by the authorities when their personal safety is endangered as a result of the discharge of prosecutorial functions. Rational conditions of service of prosecutors, satisfactory compensation and, where applicable, tenure, pension and age of retirement shall be set out by law or published rules or regulations. Promotion of prosecutors, wherever such a system exists, shall be based on objective factors, in particular professional qualifications, ability, integrity and experience, and decided upon in accordance with fair and impartial procedures . 1.4 Cause of Delays and Backlogs The reasons of backlog and delays are varied and thoughtful, rising due to issues both inside and outside courts, and legal/procedural gaps/lacunae. Justice delayed is, certainly, justice denied. Therefore, it has always been the main distress of civilized societies to speak the issue of delayed justice with an understanding to find ways and means of eliminating defect/lacks in the management of justice. It would be incorrect to accept that the delinquent of backlog/delays has been totally ignored in the past . It has been acknowledged by the government from time to time. Numerous Law Reform Commissions and Committees were established with an opinion to inspect/analyze the reasons of delay as well as to propose suitable actions for improvement. Such Commissions/Committees approved out a thorough inspection of the procedural laws and rules and recommended suitable actions for improvement thereof. Some such commendations were acknowledged by the Government and applied through amendments in laws/rules. The Honorable Supreme Court and High Courts have always been studying their particular rules of procedure so as to safeguard quick and reasonable disposal of civil and criminal cases. From time to time, the High Courts have issued managerial directions to the subservient courts for prompt disposal of cases. The reform of procedural law, though, has been a continuous and interminable procedure. Laws need to be studied and transformed in keeping with the shifting times so as to manage with the developing certainties. The speedy disposal of cases is certainly a creditable objective. Though, it is not an end in itself; it is only a means to an end. That end being the facility of quick and reasonable justice. It is undeniably not delay per se which is offensive but an irrational and indefensible delay which needs to be checked. The necessities of justice demand that adequate time and passable chances should be made accessible to the complainant parties and defendant persons to state their cases and put across their defence before the court of law. In the process delays may happen, but it would be overlooked if it is in the concern of a just and fair disposal of the case. On the contrary, the propensity to hurry disposal of cases must be checked if it is likely to result in an unfair, partial or random order or result . The query of delayed justice has been inspected by numerous Commissions and Committees and references were made at different points of time but no fundamental change was suggested in the current judicial system. These endorsements can be abridged as follows:- i) Suitable alteration in the applicable laws. ii) Upsurge in the number of Judicial Officers. iii) Supplies of acceptable number of court-rooms and proper lodging to Judicial Officers. iv) Upgrading into the working of examination and trial agencies. v) Training services to Judicial Officers. vi) Development in Procedure of serving Agency. vii) Improvement in the retirement age of Judges. viii) Proposal of Challan in time, the examination branch of the Police should be reinforced, the number of Forensic Science Laboratories be amplified and the Court should take thoughtful notice of carelessness or excessive delay/default in the time of suggestion of Challan. ix) Recurrent suspension of cases should be evaded. x) Junction of the civil and criminal purposes at the level of District and Sessions Judges. xi) Systematic preparations of managements and control by the High Court over the working of secondary courts. The cases of exploitation, disorganization and in proficiency must be taken notice of and suitable punishments conferred . Delays in the dispensation of justice have become unqualifiedly bad. This system of uneven justice is not new and certainly not limited to FATA alone. In Punjab, a punchayat authorized the gang rape of a woman as a penalty for a crime supposedly committed by her brother while in Sui a female doctor who stated being raped was herself professed a Kari by her in-laws and henceforth accountable to be killed . Such oppressive and brutal systems of decree are found most commonly in the rustic vicinity where people often need the defensive arm of the law and pledge of justice, both of which are non-existent. A great level of illiteracy, a retrograde and medieval approach and the occurrence of misogynistic views among a large section of the people further multiply the problem. Also if education and applying respect for the law, the government has to safeguard the justice system that spreads rural zones so that those who live there are not left at the pity of panchayats, jirgas or ‘peace committees’. Also, as an alternative of substitute as an assistant in such transgressions, it would be better if official authorities depress all form of random and swift justice anywhere in the country . Although deliberating the question of delayed justice the essential question rises qua disintegration of the police system in place and its total incapability to retort to crimes connecting issues such as tribal and feudal pressures and domination of the informally and economically feebler sections of society, which include women. (Yes, just to give few examples of rural justice system) A woman exposed by a tribal court to gang-rape or a couple murdered as karo-kari or a plow compulsorily displaced from his land by an influential owner or a government agency have the chances loaded against them from the start. The patwari-police-feudal lords’ alliance remains to be a crippling story of rural life. In many cases, it may be difficult for a victim to risk out of his or her house to lodge a report with the police. Where access is conceivable, the victim comes up against the wall of police triviality and venality. The force has been so tarnished and daunted by continuous burden from the state mechanism, from governmentally important people and from local tribal groups to evade the law that it has mainly forgotten its accountability to the people . It is ill-fated that the magistracy and the lower judiciary are vulnerable to the same weights. It is worth remembering that it was a suo motu Supreme Court notice that caused in the registering of a report in the Mukhtaran Mai case. In this background, how the law is to be understood in a social setting boons a major predicament. Should a Judge strictly follow to the opinions of legal procedures, as he is predictable to do, or look at the whole situations surrounding an event? This is a recurrent quandary that has confronted the judiciary in every country down the ages. It has been informal to resolve in countries, where the rule of law, constitutional procedures and respect for democracy has been resolutely established; also where feudalism and the feudal attitude have been laid to rest. Regrettably, in our country, even the government is subjugated by feudal rudiments. There can be little hope of social justice unless the entire system is democratized. The state itself has to become kinder and less tyrannical. Justice, like any other purpose of state, cannot function in a void. Temporarily, the people will remain to look up to the judiciary to present an element of social justice in the system, and to act as a force for reorganization and progress . 1.5 Insufficient Number of Judges Another reason backing the delayed justice is that adequate numbers of Judges do not exist at numerous levels to manage with the uncountable number of cases before the Courts. This needs to be earnestly tackled. For years the subject has been preserved as only a talking point with no thoughtful steps taken to address the problem .Though, it must not be elapsed that although this may be partially precise neither is the condition ready for it, nor can we find the appropriate Judges to harvest the wanted outcomes. You do not hire just a Judge but form a Court and it is neither a low-cost exercise nor so simple to do. A Court to work competently needs well-organized and knowledgeable staff and also syndicates a number of other issues, fading which it will prove counterproductive. Regrettably, the idea of adding of more Judges to the present strength has been highlighted so much and so often by so many well-known people that now, it is being painstaking as the only cure of the disorder regardless of the hard reasons involved. If disorganization is added to incompetence, it will not bring efficiency: it will instead simply increase it. It may not be out of place to comment here that the backlog is not much pretentious but exploitation has amplified respectively, or much more, and the excellence and efficiency have decreased similarly . Past is full with examples of cases that have either never been decided or where the government has miscarried to implement the court’s choices. These aspects have all added to the public’s poor insight of the system and also clarify why so many turn to jirgas and panchayats to resolve disputes, notwithstanding bans on these establishments . The government has to work in partnership with Judges and lawyers to reinforce the judiciary so that it is seen as a self-governing body that brings justice promptly. The ADB sponsored “Access to Justice” program, which began in 1999, and was exposed as a technique to safeguard speedy justice, does not seem to have met with much achievement. It has been problematic to determine what, if any, of its suggestions were put in place and what were the results of those applied. If applied in letter and spirit, the program could certainly make the release of justice speedy . The wanted outcomes cannot be attained without making radical changes and improvements in the lawmaking, judicial and police departments to make the dispensation of justice swift. This is the only way which can reinstate the sureness of people in the judicial system which confidence has been corroding over the years for a number of reasons . A reasonable, easily available and well-organized judicial system will dishearten many from resorting to the similar justice system, predominant particularly in the rural area in the form of Jirga or Panchayat, which in many cases have been instruments of failure of justice. The new Police Act also needs upgrading and the imprint that everything is well at the gross root level is not right. Also that, high payment, improved working and living settings for the police and the lower judiciary needs to be applied. The physical look and feel of the police stations and courts also need to be enhanced. These are the parts which must be dealt with on an urgency basis if speedy and low-cost justice is to be made accessible to the people. The judicial reform program must be a continuing exercise across the country and economic possessions should not be a deterrent in this respect. The race for money attached with the easy probabilities of getting provisional orders from the Courts on the basis of falsification of facts and false insistences and the known delay in disposal of cases, has desirous a substantial share of the public to take up lawsuit as an occupation and advantage from the rights and properties of others. The outcome is that the number of cases is piling up every year, totaling to the preceding intolerable delay in their disposal. The current backlog of the cases and the unceasing adding to it is thus a straight result of not honest trial but of false and fake lawsuit. The backing for such lawsuit is the delay in disposal of cases. The procedure is therefore; not only grudging the honest distressed persons from relishing their properties or getting their cases disposed of prompt but is burrowing the ethical energy of the people . In other words, the predominant condition is not only inspiring but increasing what Islam wants to eliminate. Islam asserts on justice. The oddest facet of this condition is that there is in this country, not even a single person who would openly document this sad state of affairs to go on but still it is prospering. In any event, the important question is how to get rid of it and present swift and pure justice? It is certainly, a tremendously odd and complex problem but, as noted above, the failure for any reason to contend with the problem and to overwhelm it, is providing additional attractions for more dishonest people to arrive the field and reap attractive produces. One of the preparations being very deafeningly recommended now all around, mainly, by the members of judiciary and the legal profession, is to upsurge the number of Judges . 1.6 Criminal law Drawbacks Our criminal laws have the subsequent drawbacks due to which the anticipated admiration for law and swift dispensation of justice cannot be attained:- (i) Absenteeism of politico-religious permission of the punitive, local and special laws as well as nonexistence of their mass understanding by people; (ii) “Justice delayed is justice denied” is a basic principle of Islamic jurisprudence. It is hitherto to be understood in Pakistan. Faster, inexpensive, general and better-administered justice is the demand of the people of Pakistan; (iii) Deficiency of specificity of multi-dimensional laws conferring to our local needs on balanced lines by impartial and similar supplies of many laws functioned by parallel justice opportunities also confuses people; (iv) Non-adaptation of much wanted amalgamation and interpretation of laws for prevalent understanding and no availability of criminal codes in legal Urdu is another obstacle; (v) Unreasonable penal authorizations as in contradiction of set patterns of Islamic penology also puzzle people . The criminal justice system present in Pakistan was relocated by the British during their colonial rule in the last century and a half which is now the chief reason of abandonment in compensation of public complaints . There is a dire necessity of development of the lot of our judiciary to make it more self-governing with better service circumstances to deliver justice to the masses rendering to the universal values of inexpensive and quick settlement of victim’s complaints. The trial wing also desires instant strengthening after its parting from the Police with much more wired staff, better controlled organization of tasks, proper offices and housing-cum-transport facilities. The public based justice, which has a antiquity of thousands of years of our better being in this sub-continent, needs reconsidering and the system of conciliation courts needs strengthening. The swift clearance of cases with conviction of fair justice, suitable punishments to real offenders and public reaction for perfect social defence should be our nationwide precedence to build-up a crimeless Islamic state in Pakistan .  

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Balancing Justice: The Judiciary’s Crucial Role in Democracy and the Rule of Law in Pakistan

In the grand theatre of politics, democracy is the stage where every citizen is both the audience and the actor, shaping the narrative of a nation’s destiny. Democracy flourishes when the judiciary remains steadfast in its commitment to core constitutional principles, ensuring that the rule of law prevails over the transient winds of political expediency. The following article will discuss the current and historical democratic situations of Pakistan and the role judiciary has played in it. 

Over time, Pakistan has witnessed increased inter-institutional rivalry as political parties and elected bodies vie for control, particularly in a context where the military historically wielded significant influence. The superior judiciary has emerged as a pivotal player in resolving disputes among political and governmental elites. Its role in Pakistan’s political landscape is multifaceted, encompassing both support for and challenges to democratic principles. However, concerns have been raised regarding judicial actions that may have hindered democratic functions.

The preamble of Pakistan’s Constitution emphasizes the importance of democracy and the rule of law. However, historical instances suggest a departure from these principles within the judiciary. For instance, in 1953, Governor General Ghulam Muhammad dismissed Prime Minister Khawja Nazimuddin and dissolved the Constituent Assembly in 1954 , actions supported by the judiciary. This raises questions about the judiciary’s commitment to impartial and fair justice. By condoning executive overreach and subverting the constitutional order, the judiciary failed in its duty to ensure a balanced and just system, thereby undermining the very foundations of democracy it is meant to protect.

The court’s validation of the assembly’s dissolution created a regrettable precedent for Pakistan’s parliamentary history. This decision led to political unrest, which was detrimental to the advancement of democracy. Following such a ruling, the judiciary asserted itself as a barrier to democracy. 

The first Constitution of Pakistan was short-lived, abolished by Gen. Ayub Khan upon assuming office as Chief Martial Law Administrator in 1958, marking the onset of military dictatorship. The Supreme Court of Pakistan further legitimized the military coup under the Doctrine of State Necessity . This pivotal moment not only underscored the fragility of democratic institutions but also set a precedent for future military interventions. The judiciary’s endorsement established a troubling precedent, suggesting the rule of law could be subverted in the name of national emergencies. This continues to reverberate through Pakistan’s democratic journey, highlighting the enduring challenge of maintaining constitutional governance and civilian supremacy over the military.

The imposition of martial law, in 1969 by Yahya Khan- upon the resignation of Ayub- was challenged in the Constitutional Case of Miss Asma Jilani v. Government of Punjab , where the transfer of power to Yahya Khan was deemed illegal. Through the exercise of judicial review, the Dosso Case , which had previously legitimized the Doctrine of State Necessity, was overturned, and the doctrine itself was condemned. The landmark decision in the Asma Jilani case marked a pivotal moment in Pakistan’s democratic trajectory, signaling a return to constitutional governance following a prolonged period of dictatorship. However, the judiciary’s response highlights a pattern of supporting prevailing political power dynamics rather than adhering strictly to judicial and constitutional principles. These episodes highlight the complex interplay between the judiciary and political forces in Pakistan. 

In the case of Begum Nusrat Bhutto v. Chief of Army Staff , the Supreme Court dismissed Bhutto’s petition against Zia-ul-Haq’s martial law, citing the Doctrine of State Necessity. This decision prolonged military rule, showcasing challenges in fostering democratic governance amidst executive and judicial dysfunction.  From the 1990s onward, Pakistan’s courts embarked on a trajectory of increasing independence and intervention, reaching a highpoint during the confrontation between the superior judiciary and Musharraf’s regime in 2007. The Supreme Court challenged key aspects of Musharraf’s rule, such as his dual roles and attempts to dismiss Chief Justice Chaudhry. Judges’ resistance sparked a nationwide pro-democracy movement that led to Musharraf’s downfall. This defiance solidified the judiciary as a power centre, signalling a significant shift towards a stronger judiciary and bolstering democratic principles in Pakistan.

Following Musharraf’s era, Pakistan witnessed the establishment of elected civilian rule, during which judges assumed a custodial role within the political system. The Supreme Court, with its emphasis on combating political corruption and its broad interpretation of authority, notably removed two elected prime ministers, Yousuf Gilani and Nawaz Sharif. While addressing political and administrative corruption was undoubtedly necessary, the judiciary’s repeated interventions in executive and legislative domains ultimately undermined the supremacy of elected civilian institutions. 

  The period between 2017 and 2018, saw a weakening of the elected government system and paved the way for the military’s resurgence in political dominance. The Supreme Court’s vigorous anti-corruption stance primarily targeted the PPP and PML-N, often in response to petitions initiated by PTI members, leading to the disqualification of key leaders, notably Nawaz Sharif, from holding political office . Imran Khan’s popularity, complemented by the Supreme Court’s anti-corruption initiatives and the military’s intervention to tilt the electoral scales in favor of the PTI, secured the party’s victory in the 2018 elections. Meanwhile, opposition figures from the PPP and PML-N found themselves entangled in legal battles and incarceration over corruption allegations, against a backdrop where judicial impartiality came under scrutiny due to perceived executive influence .

By 2021, tensions between the military leadership and Khan had escalated, creating an opening for opposition parties to mount a challenge against the PTI government, culminating in the Parliament’s April 2022 vote of no confidence against Khan. Khan’s dissolution of the Assemblies before vote, prompted the Supreme Court to intervene, albeit in a manner perceived as highly unusual due to the timing of its action outside regular court hours raising questions about the judiciary’s eagerness to assume roles traditionally attributed to the legislature and the executive . 

Recently, the Supreme Court upheld the electoral commission’s decision to bar the PTI from using its cricket bat electoral symbol , further exacerbating tensions surrounding the elections. The party’s leaders have faced imprisonment, and many of their candidates have been denied nomination papers, fueling controversy, and raising doubts about the transparency of the electoral process. These actions, aimed at sidelining one of Pakistan’s major political parties, threaten to undermine the credibility of the electoral process and destabilize the country’s democratic institutions. In another contentious ruling, the Court lifted the lifetime ban on Sharif from contesting elections, adding to the scrutiny surrounding its impartiality and casting doubt on its ability to uphold the rule of law consistently. 

The historical and present events, as highlighted above, in Pakistan underscore the urgent need for judicial reforms, especially in the context of the country’s precarious economic situation and its struggle to uphold democratic principles. The judiciary, as the guardian of the nation’s laws and Constitution, plays a pivotal role in averting potential crises and maintaining stability. The period between 1990 and 2007 exemplifies this, as the judiciary’s impartial stance was instrumental in preserving law and order, thereby safeguarding democracy against military interventions. A fair and independent judiciary is indispensable for upholding the rule of law and ensuring that democratic processes remain robust and resilient. Without such a system, there is a risk of unchecked power, erosion of civil liberties, and the destabilization of democratic institutions. Therefore, the imperative for impartial and fair judicial reforms in Pakistan lies in their critical role in safeguarding the rule of law and democracy, thereby preventing the country from descending into chaos and turmoil.

A concerning fact is that the Rule of Law in Pakistan frequently seems to be an abstract ideal rather than a tangible reality. This is highlighted by the widespread belief that individuals in positions of authority are immune from repercussions as well as an apparent bias in the judiciary towards incumbent political leaders. This structural disparity threatens the core principles of democracy and the Rule of Law in addition to undermining public confidence in the judiciary. The perception of unequal treatment under the law is reinforced when political leaders enjoy impunity while in office, like in the case of Nawaz, Imran and other PPP/PTI/PML-N leaders, and only come under legal scrutiny after losing their positions of authority. A situation like this not only maintains a state of lawlessness but also encourages citizen pessimism and dissatisfaction which eventually erodes the foundation of democratic governance.

In order to eradicate these issues and ensure an impartial and just judiciary prevails, it is important to maintain judiciary’s independence from external influences, particularly political and military interference. Recently, certain Supreme Court judges resigned from office as their independence was being compromised, also judges of the Islamabad High Court alleged interference by the country’s intelligence agencies in judicial affairs . To curb such issues robust legal protections, transparent appointment processes, and adequate funding to reduce reliance on external sources should be introduced. 

A vital role can be played by a merit-based appointment system, currently, although not apparent, most of the judicial appointments are political based and the establishment also plays a vital role in their appointments. The legitimacy and integrity of the judiciary can be improved by reducing the impact of nepotism and favouritism through the implementation of merit-based standards for judicial appointments and promotions. To guarantee accountability and openness, impartial judicial commissions made up of representatives from civil society and legal professionals might supervise the selection procedure. Moreover, strengthening legal institutions and enhancing accessibility for marginalized groups are critical steps toward fostering trust in the justice system. International collaboration can provide valuable insights and support, but sustainable change ultimately depends on domestic commitment to upholding democratic principles and the rule of law.

The opinions expressed in this article are the author's own and do not reflect the views of LEAP Pakistan or Pakistan College of Law.

Muhammad Mustafa Arif

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