The main motive behind the creation of Pakistan was that Muslims could live their lives under the religion of Islam and according to ALLAH’s will. After the creation of Pakistan in 14th August 1947, the Pakistan’s government and its judicial system was according to Indian Act 1935. Although it was an Indian Act, yet the rules and government that established in Pakistan was according to the Islam. The adoption of the Objectives Resolution in 1949 marked the first major step towards constitution-making. However, after great endeavors, the first constitution of Pakistan was prepared in 1956, which came into force on 23 March 1956.
Establishing a federal parliamentary system of government in the country, upholding the sovereignty of Allah, living according with Quran and Sunnah and providing independence to the judiciary were included in this constitution. But, this constitution was abrogated, due to lack of leadership and over-interference of bureaucracy, in 1958 by general Ayub Khan. After this, the constitution of 1962 came into the force, which was also abrogated too in 1969 by a dictator General Agha Muhammad Yahya Khan. Finally, after the first election of Pakistan, the constitution of 1973 came into the force. The present judicial system in Pakistan is according to 1973 constitution.
Judicial System of Pakistan:
According to 1973 constitution, there are two levels of judiciary in Pakistan i.e., the superior and the subordinate courts. The superior judiciary is composed of Supreme Court of Pakistan, the Federal Shariat Court and five High Courts (one in Islamabad and other four in each province: Punjab(Lahore), Baluchistan(Quetta), Khyber Pakhtunkhwa(Peshawar) and Sindh(Karachi) ), with the Supreme Court at apex. District Courts are the Subordinate Courts. Under these subordinate courts, there are several criminal, civil, administrative courts. In conclusion, the Supreme Court is the court of ultimate appeal and interpreting the law and the constitution. While, High Courts are the principal court of the province and control over the Subordinate Courts. Jammu Kashmir and Gilgit Baltistan have its own High courts i.e., AJK High Court and Supreme Appellat Court respectively.
Role of Judiciary:
According to the constitution 1973, the roles of judiciary are: Provision of Justice to all and sundry, Interpretation of law and constitution, Consultative functions and Judicial review.
Problems:
Regrettably, the Judicial system of Pakistan is facing numerous challenges and impediments, including political instability, unwarranted military interference, corruption, bribery, and numerous others. These factors are obstructing the judiciary from effectively carrying out its responsibilities.
Current Position of Judiciary:
It is disheartening to acknowledge that the judicial system in Pakistan has consistently failed to be established effectively, from Zulfiqar to Imran’s governments. Despite the clear description of roles and duties in the constitution charter, their implementation has been almost non-existent. Regrettably, the judges in Pakistan have failed to comprehend their responsibilities and have compromised their impartiality for monetary gain. In Pakistan, the powerful always seem to prevail over the weak, perpetuating a culture of corruption and bribery. The politicians prioritize their personal interests over the national interests, further exacerbating the situation.
It is evident that the justice system in Pakistan has become highly inefficient. Cases, particularly those related to family and property matters, drag on for an extensive period without reaching any resolution. Perhaps external influences play a role in this prolonged state of affairs. In a disrupted society, the justice system’s destruction leads to the inevitable collapse of that society. When the judiciary fails to provide justice to the masses. The society becomes vulnerable to various social evils such as theft, inflation, bribery, corruption, and dishonesty. Unfortunately, Pakistan is currently plagued by all of these issues due to the inefficiency of the judiciary. May we seek divine assistance in addressing these challenges! (Ameen)
