In any well-functioning democracy, laws must not only be fair but they must also be timely and adaptable. As societies evolve, so too should the legal frameworks that govern them.
Unfortunately, Pakistan’s legal and policy landscape is weighed down by laws that persist long after they have lost relevance or legitimacy. Some were enacted under exceptional circumstances, others inherited from colonial rule, and many continue to shape the public sphere without review or reform. This legal stagnation compromises civil liberties, weakens democratic institutions, and erodes public trust.
A powerful solution to this problem lies in the use of sunset clauses, a legal mechanism designed to ensure that laws expire after a specified period unless they are deliberately renewed. At a time when Pakistan faces growing concerns over arbitrary laws and unchecked state powers, the introduction of sunset clauses could mark a turning point toward more accountable and responsive governance.
A sunset clause is a legal provision that sets an automatic expiry date for a law, requiring it to lapse or be reviewed before renewal. Designed to prevent crisis-era measures from becoming permanent, sunset clauses promote regular review, limit misuse and ensure lawmakers justify continued use. They introduce flexibility into the legal system and act as safeguards against unchecked executive power.
The necessity of sunset clauses becomes clear when examining how temporary laws in Pakistan have been repeatedly extended without achieving their stated goals. A prominent case is the establishment of military courts to try terrorism suspects after the 2014 Army Public School tragedy. The 21st Amendment introduced these courts with a two-year sunset clause. However, instead of strengthening civilian courts during this period, the government extended the measure in 2017. These courts remained active until 2019. The repeated renewal of temporary measures without institutional reform reflects a troubling pattern that undermines democratic norms.
The reintroduction of sunset clauses in the Anti-Terrorism Act (ATA) of 1997 in 2024 reignited debate over preventive detention and extraordinary state powers. The proposed amendments aim to grant law enforcement agencies the authority to detain suspects for extended periods without trial. While the government frames these powers as necessary for national security, critics argue that such laws are susceptible to political misuse and lack proper oversight.
When laws lack expiry or sunset clauses, they can be reactivated opportunistically, often at the expense of citizens’ rights and democratic transparency.
To restore public trust and build a dynamic legal system, Pakistan must institutionalise sunset clauses as part of its legislative process. These clauses can help guard against legal overreach, ensure emergency powers remain temporary, and force lawmakers to justify the continued need for laws that infringe on civil liberties.
All future laws dealing with national security, surveillance or civil rights should include sunset provisions by default. At the same time, outdated statutes like the Arbitration Act of 1940, the Anti-Terrorism Act of 1997 and PECA should be reviewed and retrofitted with expiry timelines. Regular legislative reviews guided by legal experts, civil society and constitutional oversight should be mandatory. Extensions must require public consultation and rigorous justification. Lawmakers and civil servants must also be trained to draft time-sensitive laws that anticipate future challenges while staying anchored in democratic principles.
Ultimately, sunset clauses make the legal system more transparent, efficient and rights-respecting – helping Pakistan shed its reliance on outdated or exceptional laws and move towards more accountable governance.
Pakistan’s legal system must evolve from a static collection of inherited rules into a living framework that responds to the needs of its people. Sunset clauses offer a practical and democratic tool to ensure that laws remain relevant, accountable and just. By setting clear time limits, encouraging review and promoting responsible lawmaking, sunset clauses can help restore public confidence in the legislative process. They do not weaken the state; instead, they strengthen the legitimacy of its laws.
In an era marked by shifting challenges from terrorism and political unrest to digital governance and human rights, the question is not whether laws should end, but when. Sometimes, letting a law expire is not a failure of governance but is its highest form.
The writer is the director of human resources at the LUMS Law and Policy Society (LPS) and as the director of marketing at the LUMS Students Policy Research Initiative.