Barrister Mujahid Malik

A government has three parts: the legislature, the executive and the judiciary. The judiciary is one of the most important pillars of democracy, but it also faces many challenges that affect its functioning and credibility. 

Some of the major challenges of the judiciary in Pakistan are:

• Delayed justice system and backlog of cases: The judiciary is overburdened with a huge number of pending cases, which leads to delays in delivering justice and affects the quality of judgments. According to the National Judicial Data Grid, as of December 2022, there were millions of cases pending in various courts across the country. This backlog includes inadequate judges and court staff, frequent adjournments, complex and lengthy procedures, lack of alternative dispute resolution mechanisms, and poor case management systems.
• Corruption and political interference: The judiciary is also vulnerable to corruption and political interference, which undermines its independence and integrity. There have been allegations of judicial misconduct, nepotism, favoritism, bribery, and influence-peddling in some cases. The appointment and transfer of judges, the allocation of cases, and the oversight of judicial conduct are also areas where political interference and lack of transparency can compromise the judicial process.
• Insufficient resources and infrastructure: The judiciary suffers from a lack of adequate resources and infrastructure, which affects its efficiency and accessibility. There is a shortage of judges, courtrooms, staff, and funds to meet the growing demand for justice. The judge-population ratio in Pakistan is one of the lowest in the world, with only 19 judges per million people, compared to 107 in the US and 51 in the UK. The infrastructure of courts is also poor, with many courts lacking basic facilities such as computers, internet, electricity, and sanitation.
• Shortage of legal professionals: The judiciary also faces a shortage of qualified and competent legal professionals, such as lawyers, prosecutors, and paralegals, who can provide effective legal services and representation to the litigants. There is a need to improve the quality of legal education, training, and regulation to ensure that legal professionals are well-equipped with the skills and knowledge required for the changing legal landscape.
• Complex and confusing laws and procedural complexities: The judiciary also has to deal with the challenges of complex and confusing laws and procedural complexities, which create ambiguity and uncertainty in the interpretation and application of the law. Many laws need to be updated, consistent, or contradictory, and reflect the current social and economic realities. The procedural laws are also cumbersome, rigid, and technical, and do not facilitate the speedy and fair resolution of disputes.

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To reform the judiciary in Pakistan, some of the possible measures are:

• Reduce case backlogs: To reduce the case backlogs, the judiciary needs to increase the number and capacity of judges and court staff, streamline the case flow management system, introduce alternative dispute resolution mechanisms, such as mediation and arbitration, limit the number and duration of adjournments, and enforce strict timelines for the disposal of cases.
• Improve access to justice: To improve access to justice, the judiciary needs to ensure that the courts are accessible, affordable, and responsive to the needs of the people, especially the poor, marginalized, and vulnerable groups. The judiciary also needs to provide legal aid and assistance, simplify the court procedures and language, establish mobile courts and legal awareness camps, and promote the use of local languages and customs in the administration of justice.
• Enhance judicial independence: To enhance judicial independence, the judiciary needs to ensure that the judges are appointed and transferred on the basis of merit, competence, and integrity, and that they are free from any external pressure or influence. The judiciary also needs to establish a transparent and accountable mechanism for overseeing and disciplining judicial conduct, and protect the judges from any threats or harassment.
• Strengthen accountability and integrity: To strengthen accountability and integrity, the judiciary needs to adopt and enforce a code of ethics and conduct for the judges and court staff, and establish a system of performance evaluation and feedback. The judiciary also needs to ensure that the court proceedings and decisions are open, fair, and impartial, and that they are subject to public scrutiny and review.
• Invest in technology: To invest in technology, the judiciary needs to upgrade the infrastructure and equipment of the courts, and introduce digital and online services, such as e-filing, e-payment, e-summons, e-notices, e-transcripts, e-judgments, and e-courts. The judiciary also needs to develop a centralized and integrated database and information system, and use modern forensic and biometric tools for evidence collection and verification.
• Enhance training and development: To enhance training and development, the judiciary needs to provide regular and continuous training and education to the judges and court staff, and update their knowledge and skills on the latest legal developments and best practices. The judiciary also needs to foster a culture of learning and innovation, and encourage the exchange of ideas and experiences among the judicial officers and institutions.
• Promote public awareness and participation: To promote public awareness and participation, the judiciary needs to improve the communication and outreach of the courts, and inform the public about their rights and duties, and the services and facilities available to them. The judiciary also needs to engage with the civil society, media, academia, and other stakeholders, and solicit their feedback and suggestions for the improvement of the judicial system.
• Legislative reforms: To reform the laws and procedures, the judiciary needs to work with the legislature and the executive, and propose and support the amendments and revisions of the existing laws and procedures, and the enactment of new laws and procedures, that are in line with the constitutional principles and international standards, and that reflect the current social and economic realities.
• Reforming codified and procedural laws: To reform the codified and procedural laws, the judiciary needs to simplify and rationalize the laws and procedures, and eliminate the inconsistencies and contradictions among them. The judiciary also needs to harmonize the laws and procedures with the Islamic and customary laws, and ensure that they are compatible with the human rights and fundamental freedoms of the people.
• Developing witness and evidence standards: To develop the witness and evidence standards, the judiciary needs to ensure that the witnesses and evidence are reliable, credible, and relevant, and that they are properly recorded, preserved, and presented in the court. The judiciary also needs to protect the rights and interests of the witnesses and evidence providers, and provide them with adequate security and incentives.
• Revamping bar and bench relationships: To revamp the bar and bench relationships, the judiciary needs to foster a cordial and cooperative relationship with the lawyers and the bar associations, and respect their role and contribution in the administration of justice. The judiciary also needs to support the professional development and regulation of the lawyers and the bar associations, and address their grievances and demands.

Hence, it is critical to reform the judiciary in Pakistan for a functional justice system. The governance system can not become functional unless there is a functional judicial system in Pakistan. 

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