Pakistan’s judicial system is mired with inefficiencies, delays and lack of access to justice. Over the years, these issues have undermined public trust and hindered the effective delivery of justice.
The Law and Justice Commission of Pakistan (LJCP) was established to address these systemic problems and provide recommendations for judicial reforms. However, despite its efforts, the commission has struggled to bring about meaningful change, often limiting itself to small, piecemeal initiatives that fail to address the root causes of judicial dysfunction.
Pakistan’s judicial system has evolved in a complex manner since the country’s inception. Initially modelled after the British colonial system, it has faced numerous challenges, including political interference, inefficiency, failure to adopt new technologies, corruption, and an overwhelming backlog of cases.
Digitisation and digitalisation are crucial for judicial reforms as they can significantly enhance the efficiency, accessibility, and transparency of the judicial system. By implementing digital tools, such as case management systems, e-filing platforms, and virtual hearings, the judiciary can reduce case backlogs, ensure quicker decision-making, and provide citizens with easier access to justice.
Digitisation also helps maintain accurate records, which improves accountability and reduces the chances of corruption or mishandling of case files. Digital solutions can also facilitate the integration of various courts, enabling better coordination across different levels of the judiciary.
However, the Law and Justice Commission of Pakistan (LJCP) has failed to take a comprehensive and holistic approach to digitising the judicial system. Instead of adopting a strategic, nationwide initiative to digitalise all court functions, the LJCP has focused on sporadic and isolated efforts that have lacked the necessary infrastructure and support for sustained success. This piecemeal approach has resulted in ineffective reforms, as the judicial system remains entrenched in outdated practices. A cohesive digital strategy that includes training, access to technology, and integration across all judicial levels is essential for Pakistan to overcome its judicial inefficiencies and improve the overall delivery of justice.
Recently, the LJCP launched a public feedback initiative, inviting citizens to offer their input on judicial reforms via a link on the Supreme Court’s website. At first glance, this initiative seemed promising, signalling an openness to public involvement in the reform process. However, upon closer inspection, the initiative revealed several critical flaws.
Despite the promise of public participation, there was no contact information – such as a phone number or email – provided for individuals seeking to engage further or ask questions. There was also no clear indication of how the feedback would be processed or incorporated into the reform process.
Reportedly, those who submitted feedback received no responses or further opportunities to discuss their suggestions. This lack of follow-up suggests that the public feedback initiative is merely a token gesture, one that is unlikely to lead to meaningful engagement or significant changes in the judicial system.
This failure to create an accessible, transparent feedback loop demonstrates the commission’s ongoing inability to facilitate genuine reform and shows a broader pattern of superficial measures rather than a concerted effort to involve the public in reshaping the judicial landscape.
The Law and Justice Commission’s approach has been fundamentally flawed for several reasons. First, it has failed to integrate public input into the reform process in a meaningful way. Without clear communication, transparency and follow-up, the commission’s efforts appear disconnected from the public they aim to serve. This lack of coordination has further diminished any hope for substantive change.
The piecemeal nature of reforms has ensured that they are often disjointed and ineffective. Judicial reforms require a comprehensive, cohesive strategy that tackles all aspects of the judicial system – ranging from the appointment process for judges to the infrastructure of courts and the broader legal framework. Unfortunately, the LJCP’s focus on isolated initiatives rather than systemic overhaul has led to stagnation and inefficiency.
The political nature of reforms has also impeded progress. Judicial reforms often encounter resistance from vested political interests, who benefit from the status quo. This political interference, combined with the LJCP’s lack of independence and authority, has prevented it from achieving the structural changes needed to address systemic corruption and inefficiency.
Pakistan’s judicial system has failed to uphold fundamental rights guaranteed under the constitution, particularly in ensuring free and accessible justice as mandated by Article 9. The absence of clear norms and practices in line with Article 10A further exacerbates this issue, leaving citizens without recourse to fair and timely legal processes.
Equally concerning is the judiciary’s attitude, which contradicts the spirit of Article 14, which ensures dignity and respect for individuals. This failure, compounded by political interference, weakens judicial independence, delays justice, and fosters an environment of impunity and corruption, thereby eroding public trust and destabilizing democratic governance.
The Law and Justice Commission of Pakistan’s efforts to reform the judicial system have largely been unsuccessful due to its piecemeal approach, lack of coordination, and failure to address the fundamental structural issues plaguing the judiciary. While recent initiatives, such as the public feedback program, appear promising on the surface, they ultimately fall short due to a lack of transparency and engagement with the public. For Pakistan to achieve meaningful judicial reform, the LJCP must abandon its narrow focus and address the root causes of the judiciary’s dysfunction.
The need for systemic change in Pakistan’s judicial system is clear, and it is essential that the government, along with the LJCP, take concrete steps to overhaul the judicial structure. This includes addressing political interference, improving the appointment process for judges, enhancing judicial accountability, and modernising court infrastructure. Only through a comprehensive and well-executed reform strategy can Pakistan hope to restore the public’s trust in its judicial system and ensure the fair, efficient delivery of justice.
The writer is an advocate of the high court and a former civil servant.
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