Injustice within the justice system

Major issue is prolonged resolution of legal cases while the burden on the courts due to backlog is immense

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The judicial institution is a core pillar of any nation's progress, defined by its pursuit of impartial justice free from political or social pressures. Judges must uphold principles of fairness and integrity to form the backbone of an effective legal system. However, achieving this ideal in Pakistan has proven to be difficult, particularly in light of recent constitutional amendments and administrative complexities.

Pakistan's legal system suffers from a substantial backlog of cases at all levels. A major issue is the prolonged resolution of legal cases, some of which loiter for decades without resolution. The burden on the courts is immense, with both the superior and lower judiciaries facing an overwhelming backlog of 2.144 million cases. The people of Pakistan deserve a fair justice system, achievable only by alleviating this burden on the courts.

This backlog, rooted in systemic inefficiencies and legacy colonial laws, creates prolonged uncertainty and frustration for those seeking justice, ultimately undermining public trust in the judiciary's effectiveness.

Recent legislative changes, including the 26th constitutional amendment, have curtailed the judiciary's autonomy, particularly concerning its suo motu powers - the ability to initiate cases independently. Such changes may dilute judicial independence, rendering it more susceptible to political interference.

Prominent voices within the judiciary, such as the superseded senior puisne judge, Justice Syed Mansoor Ali Shah, have expressed concerns about these reforms. He pointed out that his objections stem from a fundamental injustice to a system meant to be based on merit and fairness. "The duty of a Chief Justice is to defend the judiciary's independence," Justice Shah stated, voicing disappointment in Chief Justice Qazi Faez Isa for failing to confront external influences, thereby compromising the rule of law.

Justice Shah has a commendable background, having been elevated to the Lahore High Court in 2009. After serving as Chief Justice of the Lahore High Court for almost two years, he was appointed to the Supreme Court in early 2018. He earned his law degree from the University of Cambridge in the UK, along with a Master's degree in Economics from the University of the Punjab. His areas of interest include constitutional law, human rights, climate and water justice, environmental sustainability, disability rights, criminology, digital surveillance, privacy, and proportionality. These areas of focus highlight his commitment to addressing the challenges within Pakistan's legal framework.

The implications of the recent constitutional amendment have lasting impacts on the independence of the judiciary in delivering justice. Such a transfer of authority raises concerns about political bias in judicial matters and risks prioritising political affiliations over merit, further complicating the dispensation of justice.

Pakistan's judiciary has historically faced controversies over fair decisions, often influenced by powerful individuals. The 26th amendment aggravates these challenges, as judges navigate pressures that can sway their rulings in favour of the influential. Additionally, the process of appointment of judges has been transferred to a special parliamentary committee, raising concerns about the politicisation of the judiciary.

Given this backdrop, the backlog crisis reflects administrative overload and a fundamental need for judicial reform prioritising efficiency without compromising autonomy. While the proposed amendments introduce new structures, they must be implemented cautiously to avoid further politicisation. Structural improvements, such as digitising case management and prioritising public interest cases, could help alleviate some of these pressures, thereby improving the overall efficacy of the judicial system.

For Pakistan's judiciary to maintain its credibility and impartiality, it must balance reform with preserving independence. Judicial reforms should enhance efficiency while safeguarding the judiciary's role in delivering justice without bias. Striking this balance will enable Pakistan's legal system to become a true hallmark of justice, serving the nation with integrity and fairness.