Throughout all stages of growing up, from childhood to adulthood, we have been constantly hearing, “Pakistan’s judicial system is fraught” and “Pakistan’s courts are notoriously biased and the judiciary lacks independence.” These notions are so penetrating and influential that they have hijacked our mental capacity to look for a silver lining.
Undoubtedly, there are dark patches in our judicial history, inefficiencies, and delays, but it doesn’t seem right to mourn over them.No, doubt there are challenges and complexities in the system but the problems are soluble, they just need to be addressed keenly and wisely.
Amid the judicial and political crises in the country, with a faltering economy, we can’t brush aside that the judicial system is not working at all. Of course, there are incidents as I have mentioned earlier, but the system is not entirely dysfunctional. According to the recent census in Pakistan, the population is crossing 240 million, which means that the judiciary is serving 240 million people.
We have 4,000 serving judges in Pakistan putting in efforts to deliver justice. In 2023 alone, 1.69 million cases have been decided by the courts. Still, there are 2.4 million pending cases (in both constitutional and lower courts). It means the system is working, but it’s sluggish and needs to be robust. With outgrowing crimes, rising complexities, and an alarming number of daily filed cases in courts, what Pakistan requires is a robust and expeditious judicial system. In fact, the Constitution of 1973 states expeditious and inexpensive justice should be provided.
The question now arises: how is it possible for a feeble judicial system in Pakistan where, on average, there is one lawyer for one thousand people? How can this be achieved with an outdated colonial setup where daily registers are still maintained in the 21st century? All answers point towards judicial reforms based on technology.
Artificial Intelligence and modern technology need to be introduced in courts to enhance functioning and capacity. Moreover, this should be carried out under control rooms with supervision and monitoring since technology can be disastrous without such vigilance. Such initiatives will pave the way towards the robust and efficient judicial system that Pakistan direly needs.
Corruption is another termite that is severely eating away at our justice system. Several cases can be identified where corruption in the system triggered biased decisions. This issue needs to be addressed properly to ensure the effective administration of justice. Indeed, in any institution, corruption is a killer. Moreover, there should be a well-established system to remove incompetent judges from the system, and in this regard, the Judicial Commission of Pakistan needs to play an active role. Particularly, the administration of justice needs to be improved in the district judiciary, as a vast majority of cases are handled and adjudicated by lower courts.
Apart from that, Alternative Dispute Resolution (ADR), provided by arbitration and mediation, needs to be encouraged. These methods will help to alleviate the burden on courts and provide timely and inexpensive justice, which is what individuals strive for.
The problems in the judiciary are complex, but they are surmountable. They can be resolved if effective strategies are applied and specific initiatives are taken. Pakistan needs to embrace technology in courts and make a swift shift from the traditional system to modernization in the judiciary along with ADR mechanisms. All these initiatives will only be effective if the judiciary is uncorrupted and transparent.
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The writer is currently studing at prestigious School of Law, Quaid-i-Azam University Islamabad- Pakistan. She can be reached at maryamriaz508@gmail.com
