The judiciary

Introduction

Justice is the basis of a civilized society. The British jurist Lord Bryce said that 'there is no better test of the excellence of a government than the efficiency of its judicial system'. Islam places great importance on justice ('adl), and the Quran repeatedly commands believers to judge with justice.

Functions

• Administration of justice: deciding civil and criminal cases.
• Interpretation of laws and the constitution.
• Judicial review: declaring laws and executive actions unconstitutional and void.
• Protection of fundamental rights through writs and constitutional petitions.
• Guardian of the constitution and of the federal balance between the centre and provinces.
• Advisory function: giving opinions on legal questions referred by the President (Article 186).
• Law-making through precedents: decisions of higher courts bind lower courts.
• Supervision of lower courts.

Independence of the judiciary

Judges must decide cases without fear or favour, free from pressure by the government, parliament or powerful groups. Independence is secured by:

• Transparent, merit-based appointment of judges (in Pakistan, through the Judicial Commission of Pakistan).
• Security of tenure: judges can be removed only through the Supreme Judicial Council for misconduct or incapacity.
• Adequate salaries that cannot be reduced during their term.
• Separation of the judiciary from the executive (Article 175(3)).
• Restrictions on practice after retirement and immunity for judicial decisions.

Structure of courts in Pakistan

• Supreme Court of Pakistan (Islamabad): the highest appellate court.
• Federal Constitutional Court (created by the Twenty-seventh Amendment, 2025): hears constitutional cases.
• Federal Shariat Court (1980): examines whether laws are in accordance with the injunctions of Islam.
• High Courts in each province and Islamabad: appellate courts with power to issue writs (Article 199).
• District and Sessions Courts and civil courts: try most civil and criminal cases.
• Special courts and tribunals: anti-terrorism, banking, accountability and service tribunals.

Challenges facing Pakistan's judiciary

• Huge backlog of cases and long delays ('justice delayed is justice denied').
• Expensive and complex procedures that keep the poor away.
• Conflicts with the executive and controversies over judicial activism and appointments.
• Shortage of judges and weak investigation and prosecution.

Way forward

• Appointing more judges and using technology (e-courts, case management).
• Alternative dispute resolution such as mediation and arbitration.
• Legal aid for the poor and simpler procedures.
• Judicial restraint, transparency and accountability.

Conclusion

An independent, efficient and accessible judiciary is the guardian of citizens' rights and the backbone of the rule of law and democracy.