THE judiciary holds a pivotal role in upholding the rule of law, ensuring justice and maintaining the balance of power in any democracy. In Pakistan, the judiciary is often seen as a beacon of hope, a last resort for the aggrieved and a critical pillar of state. However, recent events have raised concerns about the judiciary’s impartiality, efficiency and adherence to its constitutional mandate. Accountability is a cornerstone of any effective institution and the judiciary is no exception. In Pakistan, the lack of accountability mechanisms within the judiciary has led to a situation where some judges are perceived to be acting without sufficient checks and balances. This lack of oversight can lead to the erosion of public trust, as people begin to question the fairness and impartiality of judicial decisions.
Likewise, judges, like any other public officials, must be held accountable for their actions. This does not mean undermining their independence but ensuring that they adhere to the highest standards of integrity, fairness and impartiality. An independent body should be established to oversee the conduct of judges, investigate complaints against them and take appropriate action when necessary. This body must be free from political influence and operate transparently to ensure that the public has confidence in its decisions. One of the most pressing issues facing Pakistan’s judiciary is the enormous backlog of cases. Thousands of cases have been pending for years, leaving countless individuals in legal limbo. The delays in justice are not just a matter of inconvenience; they have severe repercussions for those awaiting verdicts, particularly for those wrongfully accused or seeking urgent redress.
A significant contributor to this backlog is the frequent vacations taken by judges. While everyone is entitled to rest, the judiciary, given its critical role in society, must prioritize its duties over extended periods of leave. Judges should limit their vacations and instead focus on clearing the backlog of cases. This would not only expedite justice but also enhance the credibility of the judiciary. To address this issue, it may be necessary to reform judicial calendar, ensuring that courts remain operational throughout the year, with judges taking staggered breaks to ensure continuity.
The judiciary’s impartiality is crucial for the proper functioning of democracy. However, there have been growing concerns in Pakistan that certain judges are biased towards particular political parties. This perception of bias can have a devastating effect on public trust in the judiciary and the broader political system. When judges are seen to be taking sides, it undermines the principle of impartiality and raises questions about the fairness of their decisions. Such bias can lead to the politicization of the judiciary, where decisions are made not based on the law and facts, but on political considerations. This not only erodes public trust but also threatens the very foundation of the judicial system.
To address this issue, it is essential to ensure that judges are insulated from political pressure and influence. Judges should be appointed based on merit, with a transparent and rigorous selection process that ensures only the most qualified and impartial individuals are appointed to the bench. Additionally, continuous training and education programs should be implemented to reinforce the importance of impartiality and the need to avoid even the appearance of bias. Another concerning trend is the judiciary’s apparent overstepping of its constitutional mandate by delivering verdicts that seem to favour particular political parties. The judiciary’s role is to interpret and apply the law, not to engage in political decision-making. When the judiciary becomes involved in political matters, it risks undermining its legitimacy and independence.
The judiciary in Pakistan is at a critical juncture, with recent developments raising concerns about its accountability, efficiency and impartiality. To restore public confidence, it is crucial that the judiciary stays within its constitutional role, avoids decisions perceived as political and focuses on legal principles. Reforms are needed to ensure accountability, reduce case backlogs, eliminate bias and prevent judicial overreach while safeguarding independence from political interference. These reforms are not just necessary for the judiciary’s credibility but also for the health of Pakistan’s democracy. An impartial, efficient and accountable judiciary is essential for ensuring justice, protecting citizens’ rights and maintaining the balance of power within the state. It is time for all stakeholders, including the judiciary itself, to take the necessary steps to reform the system and restore faith in one of the most critical institutions of the state.
—The writer is Islamabad based regular contributor.
(asadmalik2008@gmail.com)
