Atif Mehmood | Published July 31, 2024
The author is deeply interested in social and political issues, focusing on analyzing their impact on society and policy development. It is to be noted that the opinions articulated herein are exclusively the author’s own and do not reflect the views or stances of the author’s employer or those of Pakistan Chronicles Online. For correspondence, the author may be contacted at atif@live.ie.
The judiciary is one of the pillars of democracy and the rule of law. It is responsible for ensuring the protection of human rights, the enforcement of contracts, the resolution of disputes, and the accountability of public officials. A well-functioning judiciary is essential for the economic and social development of a country, as well as for its international reputation and credibility.
The Supreme Court of Pakistan, like many apex courts worldwide, is not immune to internal dynamics and factionalism that can influence its decision-making processes. These internal groupings within the court often reflect broader ideological, legal, and sometimes political divisions, impacting the court’s coherence and the nature of its judgments.
However, not all countries have a strong and independent judiciary. According to the World Justice Project (WJP), which publishes an annual report on the rule of law in 128 countries, Pakistan ranks 120th in the world and 25th out of 30 countries in the Asia-Pacific region in terms of the overall performance of its judicial system. The WJP report measures the rule of law based on eight factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice. Pakistan scores poorly on all these factors, especially on civil justice and criminal justice, where it ranks 127th and 126th respectively.
One of the main reasons why Pakistan's judiciary is weak and ineffective is the historical and political context of the country, which has been marked by frequent military interventions, constitutional crises, political instability, and violence. Since its independence in 1947, Pakistan has experienced four military coups, three periods of martial law, and several amendments and suspensions of its constitution. The judiciary has often been used as a tool by the military and civilian governments to legitimize their actions, suppress dissent, and manipulate the electoral process. The judiciary has also been subject to political interference, pressure, and intimidation from various actors, such as the executive, the legislature, the military, the intelligence agencies, the religious groups, and the media.
As a result, the judiciary has lost its credibility, independence, and impartiality in the eyes of the public. The judiciary has also failed to uphold the constitutional and legal framework of the country, and to protect the fundamental rights and freedoms of the citizens. The judiciary has also been unable to deliver timely and effective justice to the people, especially to the poor, the marginalized, and the vulnerable sections of the society.
The judiciary suffers from a lack of adequate financial, human, and physical resources. According to the WJP report, Pakistan spends only 0.2% of its GDP on the judiciary, which is one of the lowest in the world. The judiciary also faces a shortage of judges, lawyers, court staff, and infrastructure. The ratio of judges to population is about 1.8 per 100,000, which is far below the international standards. The judiciary also lacks modern technology, equipment, and facilities to ensure efficient and transparent case management and record keeping.
The judiciary faces challenges due to the capacity and competence of its workforce. Judges and lawyers frequently possess insufficient training, lack experience, and do not meet qualification requirements. There is often a deficiency in understanding and awareness regarding national and international legal frameworks, particularly concerning human rights, gender equality, and environmental conservation. Furthermore, there is a noticeable deficit in adherence to ethical and professional norms within the judiciary, with issues pertaining to corruption, nepotism, and biased treatment being prevalent.
The legal system is hindered by inadequate mechanisms for accountability and supervision. Judicial decisions regarding appointments, reassignments, promotions, and disciplinary actions are frequently influenced by political and personal factors rather than merit-based evaluations. Additionally, there is no efficient, autonomous process in place for addressing grievances brought forward by litigants or the general public. Furthermore, the judiciary's operations lack openness, denying public insight into its activities, verdicts, and documentation.
The people of Pakistan, especially the poor, the illiterate, the rural, and the women, lack awareness and information about their rights, duties, and remedies under the law. They also lack awareness and information about the functioning and procedures of the judicial system, and the availability and affordability of legal aid and services.
Minorities, religious sects, and ethnic groups in Pakistan have little faith in the judiciary, viewing it as biased, corrupt, and inefficient. Similarly, they distrust the formal legal system because it's complex, expensive, and disconnected from their culture. As a result, they turn to informal resolution methods like jirgas, panchayats, and tribal councils, which are rooted in patriarchal and feudal values that sometimes breach the human rights of those involved, notably women and children. Particularly for human rights advocates, journalists, attorneys, and judges, there is an absence of safety and defence against threats and assaults by violent and radical factions that reject legal order and just governance. Moreover, they face a lack of protection from coercion and bullying by dominant figures and organizations that benefit from maintaining the current state of affairs and ongoing injustice.
Pakistan's judiciary ranking is so low in the world ranking because of the historical and political context, the structural and institutional problems, and the social and cultural barriers that affect the judicial system of the country. These factors have undermined the credibility, independence, and effectiveness of the judiciary, and have impeded the access to and the quality of justice for the people of Pakistan.
However, there are also some opportunities and initiatives for improving the judicial system of Pakistan. Some of these are:
The judiciary should uphold and enforce the constitutional and legal framework of the country and resist any attempts to undermine or violate it. The judiciary should also advocate and support the constitutional and legal reforms that are necessary to strengthen the rule of law and the human rights in the country, such as the separation of powers, the devolution of authority, the electoral reforms, and the anti-corruption measures.
It is imperative for the judiciary to augment its resources, capabilities, and answerability. This could be achieved through expanding its budget, personnel, and facilities; enhancing its training, academic, and certification standards; implementing a system based on merit and performance for appointments, relocations, advancements, and disciplinary actions; and creating an efficient and autonomous mechanism for addressing complaints and grievances.
To boost awareness, trust, and security, the judiciary must engage in outreach and information campaigns, maintain impartiality and transparency, ensure accessibility, offer reasonable and high-quality legal assistance, and safeguard judges, staff, and parties involved from violence by extremist groups, as well as from coercion by powerful entities.
By implementing these reforms, the judiciary can improve its ranking in the world ranking, and more importantly, it can fulfil its role and responsibility as the guardian of the rule of law and the justice in Pakistan.
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