akistan has faced significant economic and political crises in recent years. Corruption, political instability and weak institutions have all contributed to the country’s woes. The judicial system is no exception. Many have called for reforms to improve the efficiency and effectiveness of the judiciary. This essay explores the potential of judicial reforms in the current economic and political climate.

One of the significant challenges facing the judicial system is the backlog of cases. According to a report, there were over two million cases pending in courts across country’s courts in July 2022. This backlog not only slows down the judicial process but also undermines the confidence of citizens in the judicial system. To address this issue, the government could consider introducing reforms that increase the capacity of the judiciary to handle cases efficiently.

One such reform could be an investment in the digitalisation of the judicial process. Digitalisation would enable the courts to handle cases more efficiently and reduce the need for physical hearings. The use of technology in the judiciary would also improve transparency and accountability by making the judicial process more accessible to citizens.

Another reform that could help reduce the backlog of cases is the introduction of alternative dispute resolution mechanisms. These mechanisms, such as mediation and arbitration, can be used to resolve disputes outside the formal court system. Alternative dispute resolution can be faster and less expensive than traditional court proceedings. It can help reduce the burden on the judiciary.

Corruption is another significant challenge facing the judicial system. Corruption undermines the integrity of the judiciary and erodes the confidence of citizens in the judicial system. To address this issue, the government should consider introducing reforms that increase transparency and accountability in the judiciary. One such reform could be the establishment of an independent oversight body to monitor the performance of the judiciary. The oversight body can be responsible for ensuring that judges are appointed based on merit and that they are held accountable for misconduct. This body could also be responsible for investigating allegations of corruption in the judiciary and taking appropriate action to address any wrongdoing.

Another reform that could help address corruption in the judiciary is the introduction of a code of ethics for judges. The code of ethics would establish clear guidelines for judges’ conduct and would help ensure that they act with integrity and impartiality. Political interference in the judiciary is also a significant challenge facing the judicial system in Pakistan. The judiciary’s independence is critical to ensuring that it can operate free from political pressure and influence.

One such reform could be the establishment of an independent commission responsible for appointing judges. The commission would be responsible for ensuring that judges are appointed based on merit and that there is no political interference in the appointment process. The commission could also be responsible for promoting diversity in the judiciary, ensuring that it reflects the diversity of Pakistani society.

The National Judicial Policy was formulated in 2009 to reduce the backlog of cases before the courts, ensure independence of the judiciary and eradicate corruption.

Another reform that could help strengthen the independence of the judiciary is the introduction of fixed terms for judges. Currently, judges serve until they reach the mandatory retirement age of 65. Introducing fixed terms would help ensure that judges are not beholden to any political party or interest group and can act independently.

The National Judicial Policy was formulated in 2009 to reduce the backlog of cases in the judiciary; to ensure its independence; and to eradicate corruption. It was devised in the aftermath of the Restoration of Judiciary Movement (2007-2009) with a view to improve the performance of the justice sector in order to enhance public trust in the administration of justice. The NJP, formulated by the National Judicial Policy Making Committee, provided measures for expeditious disposal of the cases and set time limits to decide the matters of different categories. Priority was assigned to the disposal of old cases.

The large pendency of cases is the most important failure of the justice system. According to the Law and Justice Commission of Pakistan there are more than 50,000 cases pending before the Supreme Court; more than 300,000 before the five high courts and about two million before the subordinate judiciary in the four provinces and the federal capital. A shortage of judges, lack of infrastructure, outdated laws and procedural delays have all contributed to this state of affairs. Under the NJP, several measures have been taken to address the backlog of cases. One of the key initiatives is the establishment of model courts. Model courts were introduced in 2019 to fast-track the disposal of cases pending for longer than five years. These courts were staffed by experienced judges and equipped with modern technology to improve the efficiency of the judicial process.

Another initiative under the NJP is the introduction of e-court systems. An e-court system allows judges to access case information online and reduce reliance on physical files. The introduction of e-court systems has helped reduce the time required to issue judgments.

The NJP has also introduced reforms to enhance the capacity of the judiciary. These reforms include increasing the capacity of the judiciary to handle cases efficiently, introducing alternative dispute resolution mechanisms, increasing transparency and accountability, strengthening the independence of the judiciary and promoting diversity in the judiciary.

The author, a Jang Group legal advisor, occasionally writes on legal and human rights issues, He also practices law as advocate of the Sindh High Court and has a doctorate in law from SZABUL. He can be reached at advocate.ahmed@ymail.com