Judicial Corruption: A Moral, Social, and Political Rot

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EDITORIAL:

The judiciary’s integrity is essential to the functioning of a democratic society. Recent comments made by a former Supreme Court justice have highlighted the issue of corruption within the judiciary and raised questions about the appointment process.

During a panel discussion at the Karachi Literature Festival, former justice Maqbool Baqar stated that corruption in the judiciary is not limited to financial impropriety, but also includes moral, social, and political corruption. He attributed this corruption to the flawed process through which judges are selected, which he claimed is characterized by nepotism, favouritism, and the disregard of merit. Mr Baqar’s remarks have sparked a debate on the merits of seniority versus merit as criteria for elevation to the Supreme Court.

Mr Baqar emphasized that the judiciary’s independence depends on the character, courage, and calibre of those who lead it. He highlighted the importance of ensuring that only the most qualified and deserving candidates are appointed to the judiciary, regardless of their connections or seniority. He also stressed the need for greater transparency in the selection process and for accountability to be established for those who engage in corrupt practices.

The debate over who should be appointed to the judiciary is not a new one. However, it has gained increased significance in recent years due to concerns about the politicization of the judiciary and allegations of corruption. The issue has also been highlighted by the ongoing debate over the role of the judiciary in the country’s political landscape.

In the past, the judiciary has been accused of being influenced by political interests and of failing to uphold the rule of law. These accusations have led to multiple stand-offs at the Judicial Commission of Pakistan, which is responsible for appointing judges. The Commission has been criticized for its lack of transparency and for being too heavily influenced by political interests.

To address these issues, it is essential that the selection process for judges is transparent, fair, and based solely on merit. Nepotism, favouritism, and other corrupt practices must be eliminated from the process to ensure that only the most qualified and deserving candidates are appointed to the judiciary. Furthermore, mechanisms must be established to hold those who engage in corrupt practices accountable for their actions.

It is also important to ensure that the judiciary remains independent and free from political interference. The appointment of judges must be based on their ability to uphold the rule of law and to interpret the constitution impartially. The judiciary must be seen as an institution that is above politics and that is committed to serving the people of Pakistan.

The Pakistani judiciary is in the spotlight once again as former Supreme Court Justice Maqbool Baqar raises concerns about the “corruption” within the judicial system. Speaking at the Karachi Literature Festival, Mr Baqar highlighted that corruption within the judiciary is not just financial but also moral, social, and political. His remarks come at a time when the role of the judiciary is being questioned by various political quarters. Mr Baqar attributed the root cause of corruption within the judiciary to nepotism, favoritism, and a lack of merit-based selection processes.

The independence of the judiciary is ultimately dependent on the individuals who lead it, according to Mr Baqar. He emphasized the need for individuals with character, courage, and calibre to be inducted into the judiciary. Mr Baqar’s remarks have opened the door for a critical reconsideration of the appointment process for various tiers of the judicial system.

The ongoing debate over who should be considered worthy of elevation to the Supreme Court has resulted in multiple stand-offs at the Judicial Commission of Pakistan. Some argue that seniority should be the basis for elevation, while others argue for merit-based selection. Both measures have drawbacks, and the deadlock has yet to be broken through a clear-cut, rationalized process for appointment.

There is a widely held perception that lawyers who are unable to run successful practices end up in the lower judiciary, where their career may stand a better chance due to its low barriers to entry. While this may not always hold true, it is a disappointing commentary on the state of the judicial system.

If the requirements for an appointment to the judiciary were set such that only people of “character, courage, and calibre” were inducted from the very lowest tier, the dilemma of seniority versus merit would not exist. Strengthening the appointment process of judges at all tiers would not only prevent further corruption within the judicial system, but also make it simpler to make decisions about individuals’ progression without having to worry about unfit judges compromising top offices.

To address corruption within the judiciary, Pakistan needs to establish a merit-based system for the appointment of judges. The selection process must be transparent, fair, and free of nepotism and favoritism. The appointment of judges based on their qualifications and experience rather than their connections is essential to maintain the independence and integrity of the judicial system.

The appointment of judges is not the only issue affecting the judiciary in Pakistan. The lack of accountability of judges is another concern that needs to be addressed. The judiciary must be accountable for its decisions and actions, and mechanisms must be put in place to ensure that judges who engage in misconduct are held accountable.

The selection process for the appointment of judges should also take into account the diversity of the population. The judiciary should represent the diversity of Pakistan’s population to ensure that all voices are heard and all communities are represented.

In conclusion, corruption within the judiciary is a significant issue in Pakistan that needs to be addressed. The appointment of judges based on merit, transparency, and accountability is crucial to maintain the independence and integrity of the judicial system. The appointment process of judges at all tiers must be strengthened to prevent further corruption and ensure that only individuals of “character, courage, and calibre” are inducted into the judiciary. The time has come for Pakistan to break the deadlock and establish a clear-cut, rationalized process for appointment that will benefit the country’s judicial system and the nation as a whole.