The Pakistani Judiciary System: Its Structure, Its Obstacles, and Its Future Introduction
In interpreting the Pakistani Constitution, ensuring justice, and upholding the rule of law, Pakistan’s judicial system is crucial. It is an independent pillar of the state that is responsible for resolving disputes, upholding fundamental rights, and ensuring that the law is upheld. However, despite its significance, the system faces various challenges that hinder the timely delivery of justice.
Pakistan’s judiciary’s structure The judiciary of Pakistan is structured into multiple tiers, ensuring that justice is accessible at different levels. It is broadly divided into the Subordinate and Superior Judiciaries. 1. The Superior Court The superior judiciary consists of the Supreme Court, High Courts, and the Federal Shariat Court.
a) Supreme Court of Pakistan
The highest judicial authority in the country.
Headed by the Chief Justice of Pakistan.
possesses advisory, appellate, and original jurisdiction. Ensures the interpretation and enforcement of the Constitution of Pakistan.
b) Supreme Courts There are five High Courts, one in each province and one for the Islamabad Capital Territory (ICT).
They hear appeals from lower courts and have the power to issue writs for enforcement of fundamental rights.
They also have original jurisdiction in certain constitutional matters.
c) Federal Shariat Court (FSC)
created to make sure that laws follow the rules of Islam. Has the power to strike down laws found inconsistent with the Quran and Sunnah.

  1. Subordinate Courts The High Courts are in charge of the subordinate judiciary, which consists of: a) The Sessions and District Courts at the district level, handle civil and criminal cases. Sessions Courts deal with serious criminal offenses (e.g., murder, rape), while District Courts handle civil matters.
    b) Magistrate Courts
    Handle minor offenses and criminal case preliminary hearings. c) Special Courts and Tribunals
    To address specific legal matters, Pakistan has several special courts and tribunals, including:
    Courts Against Terrorism (ATC) Accountability Courts (for corruption cases)
    Family Courts (for marriage, divorce, and child custody disputes)
    Labor Courts (for employment-related disputes)
    Customs and Taxation Courts
    The Obstacles That the Legal System Must Overcome Despite its well-defined structure, Pakistan’s judiciary faces several hurdles that impede the effective delivery of justice:
  2. Backlog of Cases
    Thousands of cases remain pending for years, causing significant delays in justice.
    This backlog is caused by an increasing number of lawsuits and a lack of judicial resources. 2. Corruption and Political Influence
    Public trust is eroded by allegations of judicial corruption and political interference. Powerful people can sometimes use illegal means to influence verdicts. 3. Laws that aren’t being followed Law enforcement agencies frequently fail to properly implement decisions even after court rulings. The lack of coordination between judiciary and executive authorities weakens the justice system.
  3. The Right to Justice The high cost of legal proceedings makes it difficult for ordinary citizens to seek justice.
    Rural and underprivileged communities face difficulties due to lack of legal awareness and resources.
  4. Delays in Judicial Appointments
    Delays in appointing judges lead to an overburdened judiciary.
    The judicial process is slowed down by a lack of qualified judges. Proposed Reforms for a Stronger Judiciary
    Several reforms are required to boost Pakistan’s judicial system’s efficiency: 1. Speedy Trial Mechanisms
    Fast-track courts should be established to ensure swift justice.
    Modern technology, such as e-filing and virtual hearings, can speed up the process. 2. Judicial Independence
    Ensuring that the judiciary remains free from political pressure and external influences.
    Strengthening the judicial appointment process to promote merit-based selections.
  5. Strengthening Lower Courts
    Increasing the number of judges and courts to reduce caseload burden.
    Training judicial officers to enhance their expertise.
  6. Legal Aid for the Poor
    Individuals who are struggling financially should receive free legal assistance from the government. Awareness campaigns to educate people about their legal rights.
  7. The Legal System’s Digitization Implementing electronic case management systems to track case progress.
    Introducing online dispute resolution for minor cases.
    Conclusion
    The judicial system of Pakistan is a vital institution for upholding justice and democracy. While it has a strong legal framework, challenges like case backlogs, corruption, and accessibility issues hinder its efficiency. Pakistan has the potential to develop a judicial system that is both more effective and more open through structural reforms, technological advancements, and the maintenance of judicial independence. Strengthening the rule of law is essential for national progress and social stability.

Categories: law

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