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Pakistan’s Judiciary

Judiciary is the third biggest important profession of government. One independent judiciary is responsible for providing basic rights to everyone and protecting them. The biggest court of Pakistan is Supreme Court (Adalat-e-Uzma), who runs the whole judiciary system of Pakistan under its supervision. Under its supervising, each province of Pakistan has High Courts (Adalat-e-Alia) and under the supervision of High courts, District and Local courts are establishment. This is the structure of judiciary system in Pakistan.

ROLE OF JUDICIARY:

The establishment of a self-governing and empowered judiciary is essential for the tranquility and advancement of society. As per the provisions of the 1973 constitution, the judiciary ensures its complete autonomy.

(i) Provision of Justice:

The primary responsibility of the judiciary is to ensure justice for all and sundry. The judiciary acts as a guardian and protector of the fundamental rights of individuals. Courts have the authority to punish those who have violated the law and constitution after conducting a comprehensive analysis of the cases. Additionally, higher national courts have the jurisdiction to review appeals against the rulings made by lower courts. The Supreme High Court’s verdict is final and cannot reverse or change.

(ii) Interpretation of Law:

In situations where the law does not directly apply, the judiciary is responsible for interpreting and making decisions based on the law. In cases where two governments are in conflict over power distribution, Pakistan’s highest court holds the authority to make the ultimate ruling.

(iii) Giving Advice to Government:

Sometimes the head of state has to seek some important advice from supreme court to clarify an important legal points. The judiciary, in an important consultative capacity, is not bound to do so but plays a role in providing advice to the administration.

(iv) Judicial Review:

In those states where the written constitution is in force, the Supreme Court would have power to revise the laws passed by the legislatures. If it is brought to the notice of the judiciary that this certain law passed by the Legislative Assembly is against the Islam and constitution, the judiciary can declare it null and void. This is judicial review.

CURRENT POSITION OF JUDICIARY IN PAKISTAN:

It is disheartening to acknowledge that the justice 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 integrity and 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)

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