This post explains “Pakistan Judicial System – Its Structure, Role and Problems. The Role of Judiciary in Politics of Pakistan. What are the flaws in Pakistan Judicial System – The Broken Justice System. Pakistan judicial system. Way Forward To The Problems of Judicial System of Pakistan.”
Pakistan Judicial System – Its Structure, Role and Problems
Introduction
The judiciary is one of the three foundational pillars of the state, alongside the legislature and the executive. While the executive governs and the legislature makes laws, the judiciary ensures that these laws are applied fairly and that no institution oversteps its constitutional boundaries. It is the guardian of justice, liberty, and the rule of law. There is a famous saying of the Martin Luther King Junior
Justice delayed is justice denied
Since the establishment of Pakistan, judiciary has always played a controversial role, not only in the development of democracy in the country but also in the provision of justice. Due to this reason The World Justice Project’s (WJP) Rule of Law Index 2021 report the judiciary of Pakistan ranks 130th out of 139 nations in world.
Role Of Military in Politics Of Pakistan
Structure of the Judiciary in Pakistan
Pakistan’s judicial system is divided into three broad categories:
1. Superior Judiciary
- Supreme Court of Pakistan: The highest court, responsible for constitutional interpretation, appellate jurisdiction, and safeguarding fundamental rights.
- Federal Shariat Court: Reviews laws to ensure they conform to Islamic injunctions.
- High Courts: Each province has a High Court that supervises lower courts and hears appeals.
2. District Judiciary
- Civil Courts: Handle disputes related to property, contracts, family law, etc.
- Criminal Courts: Deal with offenses ranging from theft to murder. These courts operate under the supervision of the respective High Courts, as per Article 203 of the Constitution.
3. Administrative and Special Courts
- Tribunals: Tax, labor, and competition tribunals handle specialized matters.
- Special Courts: Anti-Terrorism Courts, Accountability Courts, and others created under specific laws to deal with particular types of cases.
The Role of Judiciary in Politics of Pakistan
In ideal democracies, the judiciary acts as a neutral referee. It interprets laws without bias and holds the executive and legislature accountable. But in Pakistan, the judiciary has often played a controversial and politicized role.
Key Issues:
- Doctrine of Necessity: Used to justify unconstitutional actions, including military coups.
- Judicial Endorsement of Dictatorship: Courts have historically validated authoritarian regimes rather than resisting them.
- Lack of Impartiality: Political and military influence has compromised judicial independence.
Instead of being a watchdog, the judiciary has sometimes acted as a facilitator of undemocratic transitions, eroding public trust and weakening democratic institutions.
Challenges In Conducting Free And Fair Elections In Pakistan
The Role of Judiciary in Democracy of Pakistan
Pakistan’s democratic journey has been turbulent. Military dictatorships have ruled for over 30 of its 75 years. The judiciary has often legitimized these takeovers:
- Zia-ul-Haq’s Martial Law (1977): Validated by the Supreme Court under the doctrine of necessity.
- Pervez Musharraf’s Emergency Rule (2007): Initially declared illegal, then later validated by a reconstituted bench.
Many believe that the judiciary has failed to protect democratic norms and has instead enabled authoritarianism. Politicians, especially from Pakistan Tehreek-e-Insaf (PTI), argue that the judiciary operates under indirect military control, lacking true autonomy.
Some of the most controversial verdicts of the Supreme Court of Pakistan (SCP)
Some of the most controversial verdicts of the Supreme Court of Pakistan, for which it is widely criticized, are listed below.
Maulvi Tamizuddin Khan Case (1955): In Molvi Tamizuddin Khan case, the Supreme Court headed by Chief Justice Mohammad Munir backed Governor General Ghulam Mohammad’s action to dissolve the first Constitutional Assembly. This judgement has always been criticized by the democratic parties of the country and is often referred to as the root cause of unstable democracy in Pakistan.
Begum Nusrat Bhutto VS Chief of The Army Staff: On November 10, 1977, the Supreme Court unanimously validated the imposition of martial law, under the doctrine of necessity. The law of necessity recognized and upheld by Pakistan’s highest judicial body has provided an honorable protection for military misadventure in civil government.
Provincial Constitution Order 2007: On 3rd November 2007, Chief of the Army Staff declared emergency in the country. The emergency suspended the constitution. A seven panel bench issued a unanimous two page order declaring the action illegal.
However on 24th November 2007, the new bench validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff.
Judge Dilawar Verdict in Toshakhana Case: On August 5 2023, The Islamabad High Court (IHC) Judge Dilawar sentenced Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to three years in jail and a fine of Rs 100,000 in the Toshakhana criminal case filed by the Election Commission of Pakistan (ECP). The verdict was highly criticized and challenged on the basis of urgency and not recording the statements of the witnesses.
Iftikhar Muhammad Chaudhry Case
Justice Iftikhar Muhammad Chaudhry was called on by the President at his Army residence in Rawalpindi on Friday, 9 March 2007. There, he was asked to explain his position on a list of charges brought against him from several quarters. He was then asked to resign, something which Justice Chaudhry refused to do and was henceforth detained for about five hours while arrangements were made elsewhere in Islamabad for speedy appointment of the Acting-Chief Justice.
The president’s orders came in the afternoon, and within minutes took the country by storm. Many in the legal fraternity were shocked by the way the country’s top adjudicator had been treated. Within hours, public in general and lawyers specifically rallied around him.
On 12 March 2007, lawyers across Pakistan began boycotting all court procedures in protest against the suspension. On 20 July 2007, the 13 judge panel from Supreme Court of Pakistan hearing on the case unanimously reinstated the Chief Justice. Iftikhar resumed his work at office on 23 July 2007.
Many analysts and lawyers believe that after assuming the charge, Iftikhar Muhammad Chaudhry decisions as the Chief Justice of Pakistan were populistic. This raised many objections on the credibility of his verdicts.
Pakistan Lawyers Movement and Bar Councils
Lawyers are expected to be defenders of the constitution. However, internal divisions and political affiliations have weakened their collective influence:
- Lack of Unity: Bar councils often split along party lines.
- Failure to Enforce Court Orders: For example, the PDM government’s refusal to hold midterm elections in Punjab and Khyber Pakhtunkhwa despite court directives went unchallenged.
This fragmentation has allowed constitutional violations to go unchecked.
Flaws in Pakistan Judicial System – The Broken Justice System
Major Problems in Pakistan’s Judicial System
1. Weak Enforcement of Court Orders
Powerful institutions, especially the military, often ignore judicial rulings without consequence.
2. Delayed Justice and Case Backlogs
Millions of cases remain unresolved for years. Victims turn to informal systems like jirgas, which often deliver harsh and unjust punishments.
3. Nepotism and Political Influence
Judicial appointments are frequently influenced by political favoritism. Allegations suggest certain judges are aligned with political parties, compromising impartiality.
4. Low Standards in Legal Education
Many students pursue law as a last resort, leading to a pool of underqualified professionals. This affects the quality of legal representation and judicial integrity.
5. Erosion of Public Trust
Repeated failures to uphold justice have led to widespread disillusionment. Citizens no longer see courts as reliable protectors of their rights.
6. Demoralized Law Enforcement
Police and security agencies complain that courts release criminals on technical grounds, undermining their efforts and morale.
Consequences of a Broken Justice System
- Rise in Vigilante Justice: People take the law into their own hands due to lack of faith in courts.
- Strengthening of Informal Systems: Jirgas and panchayats flourish, often violating human rights.
- Political Instability: Judicial bias and delayed verdicts contribute to unrest and polarization.
- Economic Impact: Investors hesitate to engage in a country where contracts and laws are not reliably enforced.
Recommendations for Reform
To restore faith and functionality in Pakistan’s judiciary, the following steps are essential:
1. Merit-Based Appointments
- Transparent selection processes for judges.
- Independent judicial commissions free from political influence.
2. Speedy Justice
- Digitization of court records.
- Introduction of fast-track courts for minor cases.
- Promotion of alternative dispute resolution mechanisms.
3. Judicial Training and Ethics
- Regular workshops on constitutional law, ethics, and human rights.
- Mandatory continuing legal education for judges and lawyers.
4. Protection of Judicial Independence
- Secure tenure for judges.
- Clear and fair procedures for disciplinary actions.
- The government must respect judicial independence and the judiciary must carry out its duty to protect and preserve the constitution.
5. Public Legal Awareness
- Campaigns to educate citizens about their rights.
- Expansion of legal aid services for underprivileged communities.
6. Restore Constitution in Original Form
- If democratic functioning is to be truly restored, constitutional and legal changes made under military rule must be reversed.
Conclusion
Pakistan’s judiciary stands at a crossroads. It can either continue down a path of politicization and inefficiency or rise to become a truly independent and respected institution. The road to reform is long but necessary. A fair, swift, and impartial judicial system is not just a dream—it is a cornerstone of any civilized society.
Tags: Pakistan Judicial System. Structure of Judiciary in Pakistan. Pakistan Judicial System. Pakistan Judicial System. Pakistan judicial system. Role of Judiciary in Democracy in Pakistan. Pakistan Judicial System. Pakistan Judicial System. Pakistan Judicial System. Pakistan Judicial System – Its Structure, Role and Problems. Pakistan Judicial System. Pakistan Judicial System. Pakistan Judicial System. Pakistan Judicial System. Pakistan Judicial System.
