Hafiz Mudasir Rizwan
Pakistan’s judicial system is grappling with deep-rooted inefficiencies, delays, and significant barriers to access to justice. These systemic issues have eroded public trust, hindering the delivery of fair and timely justice. Despite the establishment of the Law and Justice Commission of Pakistan (LJCP) with the goal of reforming the judiciary, the commission has failed to bring about substantial change. Instead, its efforts have been limited to fragmented, half-hearted initiatives that do little to address the core issues at hand.
The challenges within Pakistan’s judicial system are multifaceted. Originally modeled on the British colonial system, the judicial structure has evolved over the years but continues to suffer from a combination of political interference, inefficiency, corruption, and a backlog of cases that has only grown larger. The judiciary has struggled to keep pace with the demands of a modern, rapidly developing society, resulting in a system that is unable to efficiently serve its citizens.
The Law and Justice Commission, created to recommend reforms, has had a limited impact in addressing these issues comprehensively. The commission’s piecemeal approach has not resulted in systemic change, and its lack of focus on long-term, holistic solutions has prevented meaningful improvements.
One of the most promising avenues for judicial reform in Pakistan is the digitisation of court functions. Embracing technology in the judiciary can bring about significant improvements in several key areas. By introducing digital tools, such as e-filing platforms, case management systems, and virtual hearings, Pakistan can tackle some of the most pressing issues plaguing the system, including delays and inefficiencies.
Digitisation holds the potential to streamline case management, reduce the backlog of cases, and speed up the decision-making process. By digitising records and implementing systems for virtual hearings, citizens would have greater access to justice without the need to physically attend court sessions, making the judicial system more accessible and transparent. Additionally, maintaining accurate digital records would help prevent corruption and mishandling of case files, contributing to greater accountability within the judiciary.
Furthermore, integrating digital systems across the country’s various courts would improve coordination, making the judicial system more unified and less prone to delays due to miscommunication or inefficient practices.
However, despite these clear advantages, the LJCP has failed to take a comprehensive approach to digitisation. Rather than implementing a nationwide strategy that addresses all facets of the judicial system, its focus has been on sporadic and isolated efforts. These small-scale initiatives lack the necessary infrastructure and support to achieve sustained success. Without a cohesive plan that includes training, access to technology, and proper integration of digital tools across all court levels, Pakistan will continue to face a fragmented and inefficient judicial system.
A recent initiative by the LJCP invited public feedback on judicial reforms, aiming to engage citizens in the reform process. At first glance, this seemed to signal a willingness to involve the public in shaping the future of the judiciary. However, upon closer inspection, the initiative revealed several critical shortcomings.
While the feedback link was available on the Supreme Court’s website, there was no contact information for individuals who wished to engage further or ask questions. Moreover, there was no indication of how the feedback would be processed or how it would influence the reform process. Reportedly, those who submitted feedback received no responses or follow-up, highlighting a lack of engagement and transparency.
This lack of communication and follow-up suggests that the feedback initiative was little more than a token gesture—an attempt to give the impression of openness without delivering any tangible results. The lack of transparency and genuine involvement in the reform process is symptomatic of the LJCP’s broader failure to enact meaningful judicial reforms.
The failures of the LJCP are largely due to its piecemeal approach to judicial reform. Effective reforms require a systemic overhaul, addressing all aspects of the judicial process—from the appointment of judges to the infrastructure of courts. Unfortunately, the LJCP has focused on isolated initiatives that lack the coherence and depth necessary to address the structural challenges that underpin Pakistan’s judicial dysfunction.
Moreover, the political nature of the reforms has also impeded progress. Judicial reforms are often met with resistance from political vested interests who benefit from the inefficiencies of the system. The LJCP’s lack of independence from political pressures has further hindered its ability to bring about the necessary changes. Political interference has created an environment where the judiciary’s independence is undermined, justice is delayed, and corruption flourishes.
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This political landscape has resulted in a system that fails to meet the basic demands of justice, including the timely and accessible delivery of legal processes. The absence of clear norms aligned with Pakistan’s constitution, particularly Article 9, which guarantees access to justice, and Article 10A, which mandates timely legal processes, exacerbates the problem.
The judiciary’s failure to uphold human dignity, as outlined in Article 14, further weakens the system’s credibility. Political interference, coupled with inefficiency, fosters an environment of impunity, where justice is often delayed or denied.
The Way Forward: Comprehensive and Transparent Reforms
For Pakistan’s judicial system to regain public trust and serve the needs of its citizens effectively, it is imperative that the LJCP and the government shift their focus from piecemeal initiatives to comprehensive, systemic reform. Key steps include:
- Addressing Political Interference: The independence of the judiciary must be ensured to protect it from undue political influence. This involves both structural changes and legal reforms that guarantee the judiciary can operate free from external pressures.
- Improving Judicial Appointments: The process for appointing judges must be transparent and based on merit, rather than political affiliations or influence. This will help ensure that qualified, impartial judges are selected for the bench.
- Modernising Court Infrastructure: The introduction of digitisation is essential to streamline court processes, reduce delays, and enhance the overall efficiency of the judiciary. Digital tools such as e-filing, virtual hearings, and case management systems should be integrated across all courts to ensure a seamless, nationwide judicial infrastructure.
- Public Engagement and Transparency: The public’s involvement in judicial reforms must go beyond superficial feedback initiatives. Clear communication channels, accountability, and genuine involvement in the process are essential to ensure that reforms align with the needs of the people.
- Addressing Corruption and Accountability: A comprehensive framework for judicial accountability must be established to address corruption and improve the integrity of the judicial system. Digital record-keeping and transparency can play a pivotal role in preventing corruption and enhancing accountability.
By adopting a holistic, inclusive approach to judicial reform, Pakistan can overhaul its inefficient judicial system and restore public trust. Only through comprehensive reforms, including political independence, merit-based appointments, and digitisation, can Pakistan achieve a fair, transparent, and efficient judicial system that truly serves the needs of its citizens.