Hafiz Mudassar Rizwan
Article 37 of the Pakistani Constitution mandates the provision of inexpensive and expeditious justice to the people. Yet, despite these constitutional directives, the country has struggled to establish a functional and accessible judicial system for its citizens. The failure to implement the constitutional vision of timely and affordable justice has created widespread dissatisfaction, with people turning to political and societal organizations to seek justice where the government’s institutions have failed.
The state of Pakistan, as defined in Article 7, encompasses not only the federal and provincial governments but also local authorities authorized by law to impose taxes. The constitution further urges the decentralization of administration to ensure that justice can be delivered efficiently and in a manner that is convenient for the public. However, this ideal remains largely unachieved, as both judicial and administrative systems continue to function in ways that do not meet the needs of the populace.
The Dysfunction of the Current Justice System
The inability of the state to establish a truly inexpensive and expeditious justice system has led to widespread frustration. The structure of Pakistan’s judicial system is centralised, with the Supreme Court in Islamabad serving as the ultimate appellate court for all civil and criminal matters arising from provincial laws. This system forces litigants from far-flung regions such as Balochistan or Sindh to travel to the capital for their appeals, incurring substantial costs in travel, accommodation, and lawyer fees. This is a significant burden, especially for the poor, and often discourages people from pursuing their legal rights altogether. Many cases are abandoned, and in some tragic instances, litigants die before their cases are resolved.
Moreover, the delay and expense involved in seeking justice contribute to a feeling of alienation from the state’s legal processes. The ideal of justice as enshrined in the constitution is, for most citizens, an unattainable dream. It is this disconnect between the promise of justice and the reality faced by ordinary people that has spurred calls for reform.
Drawing Parallels with the US System
A potential solution to Pakistan’s justice system challenges can be found in the United States. In the US, the system of justice is decentralised, with each state having its own Supreme Court to handle civil and criminal appeals. For example, states like California and Texas have separate supreme courts for civil and criminal matters. This decentralisation ensures that litigants do not need to travel across the country to seek justice. It also makes the process more accessible and affordable, as local courts handle matters that pertain specifically to state laws.
In contrast, Pakistan’s judicial system operates on a centralised model, with a single Supreme Court in Islamabad. While this system might have made sense in the early years of the country’s establishment, it has now become a major impediment to access to justice. The geographical distance between the Supreme Court and litigants in the provinces exacerbates the problems of cost and delay, making it a system that is only accessible to the wealthy or those with the means to travel. This centralisation is fundamentally unfair, as it places the needs of ordinary citizens far from the centre of decision-making.
The Proposal for Provincial Supreme Courts
A more equitable and efficient model for Pakistan could involve the creation of provincial Supreme Courts, similar to the system in the United States. These courts would handle civil and criminal appeals within the province, alleviating the need for litigants to travel to Islamabad. This decentralisation of the judicial system would bring the courts closer to the people, making it easier for them to access justice in a timely manner.
Such a proposal was raised during debates over the 26th Amendment, with the Pakistan Peoples Party (PPP) suggesting the establishment of a Federal Constitutional Court. This court would handle constitutional matters, while the provincial supreme courts would manage civil and criminal appeals. This approach would not only improve access to justice but also streamline the judicial process, making it less cumbersome and more efficient.
The current system, with a single Supreme Court handling all appeals, is both expensive and inefficient. The creation of separate provincial courts would reduce the burden on the central Supreme Court, allowing it to focus on constitutional matters and other national issues, rather than being overloaded with cases that are essentially provincial in nature. Moreover, this would reduce costs for litigants, as they would no longer need to incur significant expenses to travel to Islamabad for hearings.
The Need for a Federal Constitutional Court
The creation of a Federal Constitutional Court is also an essential step in addressing the structural problems within Pakistan’s judicial system. The PPP’s proposal to establish such a court, based on equal representation from each province, would provide a clear and straightforward path for public litigants to seek resolution of constitutional matters. Under this proposal, the civil and criminal functions of the Supreme Court would become superfluous, allowing the court to focus on its constitutional role. This would further decentralise the judicial system, making it more accessible to the people and better aligned with the principles of inexpensive and expeditious justice as outlined in the Constitution.
Decentralisation of Administration
Alongside judicial decentralisation, there is also a pressing need for the decentralisation of government administration in Pakistan. The Constitution requires that the federal and provincial governments take steps to decentralise power to the district and local levels, thereby ensuring that administrative matters are handled more efficiently and in a manner that serves the needs of the public. In practice, however, much of the power remains concentrated at the provincial and federal levels, which delays decision-making and impedes the effective delivery of services.
In some regions, like Sindh, local governments have been strengthened through the enactment of the Local Government Act. However, this is not a uniform practice across the country, and many provinces still retain excessive control over local affairs. The decentralisation of government ministries, especially those relating to provincial subjects, to the provincial level is critical for improving the efficiency of governance. Moreover, local governments must be empowered not only to carry out administrative functions but also to generate their own resources through local taxes and cess. This would reduce dependence on provincial governments for financial support and enhance the autonomy and effectiveness of local administrations.
The Role of Political Consensus
The successful implementation of these reforms will require political consensus and cooperation. The recent passage of the 26th Amendment shows that it is possible to make progress on constitutional issues when there is broad support across political parties. Similarly, the creation of provincial Supreme Courts and the decentralisation of administration can only be achieved through a collaborative effort among all political stakeholders.
Pakistan’s politicians must recognise that the true measure of a nation’s success is not in its centralised power but in the effectiveness of its institutions in serving the people. By decentralising both the judicial system and government administration, Pakistan can begin to deliver the kind of justice that its Constitution promises—justice that is timely, affordable, and accessible to all citizens, regardless of their economic or geographical status.
Conclusion
The establishment of provincial Supreme Courts and the decentralisation of government administration are vital steps in addressing the current shortcomings of Pakistan’s justice system. These reforms would reduce the burden on the central government, make justice more accessible to ordinary citizens, and improve the overall efficiency of governance. While political challenges remain, there is a strong case for change that aligns with both the constitutional vision and the practical needs of the public. By embracing these reforms, Pakistan can move closer to fulfilling the promises of inexpensive and expeditious justice for all its citizens.
