Reforming Judicial system in Pakistan?

Pakistan needs two fundamental reforms in judicial system. Firstly, the appointment of judges should be made specialized. Generalist judiciary can’t make quality decisions ranging from environment to taxation to revenue to crimes. There should be specialized judges of environment, taxation, governance, constitution, policy, crimes, land , family & all other branches of private & public life. Secondly, there should also be specialized lawyers with a third party regulator.

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Pakistan has long been grappling with issues related to its judiciary and civil and criminal justice system. The country has faced a myriad of problems, including lack of access to justice, delays in court proceedings, corruption, and the absence of effective enforcement mechanisms. To address these challenges and ensure a more functional judiciary , there are several reforms that Pakistan needs to undertake.

  1. Strengthening the institutional framework: The first and foremost judicial reform that Pakistan must undertake is to strengthen the institutional framework of the judiciary and the legal system. This involves ensuring the independence of the judiciary, increasing the transparency and accountability of the legal system, and improving the oversight mechanisms to prevent misconduct.
  2. Ensuring access to justice: Pakistan must ensure that all citizens, irrespective of their socioeconomic status, have access to justice. The country needs to establish a comprehensive legal aid system to provide free legal assistance and representation to the poor and marginalized. The existing Alternate Dispute Resolution (ADR) mechanisms that aim to provide speedy and affordable justice also need to be strengthened by engaging people.
  3. Speeding up court proceedings & reducing backlog: Delayed justice is no justice. It is imperative to speed up court proceedings and dispose of cases within a reasonable time frame. The judiciary must undertake measures to reduce the backlog of pending cases. This could include increasing the number of judges, establishing specialized courts to deal with specific categories of cases, and streamlining the court procedures.
  4. Eliminating corruption: Corruption has permeated throughout the legal system, eroding public trust and confidence. The fight against corrupt practices must be given the highest priority. To mitigate corruption, Pakistan can have a complete digitization of all records covering all aspects of the justice system focusing on land records, criminal records and court proceedings. This will eliminate the need for human intervention or physical files.
  5. Modernizing laws: Many of the laws in Pakistan, such as the Penal Code and Criminal Procedure Code, date back to the British era. It is necessary to modernize these laws to meet the requirements of the 21st century. New crimes have emerged with the changing social, economic, and political context; laws need to be revised in line with modern challenges.
  6. Enhancing judicial education and training: Judges must undergo regular training and education to enhance their knowledge and skills in various aspects of the law, including evidence collection and presentation, legal writing, and the use of technology in the courtroom.
  7. Empowering legal professionals: The Pakistani legal system needs to empower lawyers, providing them with better working conditions, security, and remuneration to improve their overall efficiency.
  8. Improving enforcement mechanisms: The legal system is meaningless without proper enforcement mechanisms. Pakistan needs to improve the implementation of its judgments and ensure compliance of all stakeholders, this can be done by digitization of records.

آن لائن رپبلک پالیسی کا میگزین پڑھنے کیلئے کلک کریں۔

To sum up, Pakistan has a long way to go before it has a functional judiciary & civil and criminal justice system. Nonetheless, embarking on these judicial reforms will significantly help Pakistan to enhance the efficiency and effectiveness of its legal system.

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