Barrister yasir Rehman

The judiciary is the guardian and interpreter of the Constitution, which is the supreme law of the land. The judiciary ensures that the executive and legislative branches act within the limits of their constitutional powers and respect the fundamental rights and freedoms of the citizens. The judiciary also resolves constitutional disputes and conflicts between different organs and levels of government, such as the federal and provincial governments or the parliament and the president. The judiciary in Pakistan has played an active role in upholding the Constitution and challenging the unconstitutional actions of military dictators, political leaders, and state institutions.
The judiciary is the arbiter and enforcer of the law, which is the basis of social order and justice. The judiciary adjudicates civil and criminal cases and provides remedies and relief to the aggrieved parties. The judiciary also reviews and scrutinizes the legality and validity of laws, rules, regulations, policies, and decisions made by the executive and legislative branches. The judiciary in Pakistan has a complex and diverse legal system, which includes common law, Islamic law, customary law, and statutory law. The judiciary has to balance and harmonize these different sources and forms of law and ensure their consistency with the Constitution and human rights.

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The judiciary is a check and balance on the political power, which is prone to abuse and corruption. The judiciary safeguards democratic principles and values, such as free and fair elections, accountability, transparency, rule of law, separation of powers, and independence of institutions. The judiciary also protects the political rights and interests of various groups and segments of society, such as minorities, women, workers, peasants, students, journalists, etc. The judiciary in Pakistan has faced many challenges and pressures from political actors and forces, such as military coups, martial laws, emergency rules, political instability, violence, terrorism, etc. The judiciary has to maintain its impartiality and integrity in the face of these political crises and conflicts.
Hence, the judiciary is a significant branch of government that performs vital functions and roles in relation to the Constitution, law, and politics. The judiciary in Pakistan has a rich and dynamic history that reflects its struggles and achievements in fulfilling its constitutional mandate and serving the nation. However, there is also a criticism of the judiciary as an institution for not delivering justice as per the wishes of the people in Pakistan. Accordingly, there is a greater demand to reform the judiciary with administrative, judicial and technological processes with more specialized judges and human resources.

Historically, the judiciary in Pakistan has a history of validating military coups and constitutional amendments that have altered the legal and political system and undermined judicial independence. The judiciary has also failed to uphold the fundamental rights and freedoms enshrined in the Constitution, such as the right to a fair trial, the right to equality before the law, and the right to freedom of expression and religion. The judiciary needs to reform itself to restore its credibility and legitimacy as the guardian of the Constitution and the rule of law.
Accordingly, the judiciary in Pakistan is hampered by outdated and discriminatory laws that violate human rights and fuel extremism. Therefore, the legislature in Pakistan should legislate quality laws and code and re-code the laws so that the judiciary may interpret and implement them accordingly. The judiciary needs to reform the legal system to repeal or amend these laws and to ensure that they are consistent with the Constitution and international human rights standards.

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The judiciary in Pakistan needs more resources, capacity, accountability, and transparency. The judicial system is plagued by delays, backlogs, corruption, nepotism, and political interference. The judicial appointments, promotions, and removals are often influenced by the executive or by lobbies. The judiciary lacks effective mechanisms to ensure its own accountability and to address public grievances and complaints. The judiciary needs to reform its institutional structure and processes to enhance its efficiency, effectiveness, integrity, and accessibility. There is a dire need to manage and upgrade the case-management system so that decisions are made swiftly.

Lastly, the judiciary in Pakistan is in dire need of reform to address its constitutional, legal, and institutional challenges. Judicial reform is essential for strengthening democracy, human rights, peace, and stability in Pakistan.