- Pakistan’s alarming 130th position out of 142 nations in the WJP Rule of Law Index 2023 underscores a critical need for immediate and comprehensive judicial reforms.
- The absence of robust regulatory bodies, exemplified by the inert Pakistan Bar Council, contributes to legal complexities and compromises justice delivery, as evident in lawyers’ defiant actions and delayed Supreme Judicial Council proceedings.
- Urgent reforms are essential across legislative, police and prosecution, bench, and educational dimensions, emphasizing the imperative for annual practicing licenses, subject-specialist judicial appointments, and the establishment of an Independent Police Complaints Commission to enhance transparency and accountability.
In the global assessment conducted by the WJP Rule of Law Index 2023, Pakistan finds itself in the disconcerting position of 130th out of 142 nations. This ranking is a source of profound concern for both the citizens of Pakistan and those in positions of authority. It is an undeniable truth that no society can thrive without a justice system that is robust, efficient, and just.
Philosophical wisdom spanning millennia emphasizes the indispensable role of the Rule of Law. From the ancient teachings of Pythagoras, Xenophanes, Epicurus, Thales, Socrates, Plato, and Aristotle to the present day, the importance of a functioning legal system has been consistently advocated. However, the pressing issue of judicial reform remains conspicuously absent from the agendas of our political parties and is not a demand echoed by the general populace.
As Pakistan approaches impending general elections, it is imperative to question whether we are demanding comprehensive ‘judicial structural reforms’ from our anticipated legislative representatives and political entities. The need for grassroots structural reforms within Pakistan’s judicial system extends beyond mere surface adjustments. Previous attempts at reform have often proven insufficient, resulting in legal complexities and a quagmire in delivering justice.
The functionality of constitutional bodies, particularly regulatory entities, has also come under scrutiny. The Pakistan Bar Council, seemingly in a perpetual slumber, has not adequately addressed the rampant striking and court closures by lawyers. Similarly, delays in processing serious references filed with the Supreme Judicial Council (SJC) contribute to a compromised justice delivery system.
The absence of robust and effective regulatory bodies is particularly glaring. Regulatory bodies are the linchpin for maintaining discipline, ensuring compliance, and enforcing standards, while simultaneously being the reforming body for their respective sectors. The brazen disregard for traffic laws by a significant number of lawyers, who flaunt unauthorized medallions and stickers on their vehicles, raises questions about the efficacy of regulatory bodies such as the Pakistan Bar Council and its provincial counterparts.
Pakistan urgently requires profound structural reforms. Rather than reinventing the wheel, the focus should be on improvement. Drawing inspiration from the top rule-of-law countries, Pakistan can learn how to implement a fair and just judicial system tailored to its specific needs.The crucial element in this endeavor is the collective ‘will’ to bring about improvement, a commitment that no government has demonstrated thus far.
The argument for reforms encompasses various aspects, including legislative reforms, police and prosecution reforms, bench reforms, and educational reforms. To enhance the standards of the legal fraternity, Pakistan must urgently address its academic law standards, separating philosophy of law from practical law courses. Implementing an annual practicing license with mandatory Continuous Professional Development (CPD) credits, along with stringent compliance checks, is imperative.
Bench reforms demand a structural overhaul of the judicial appointment mechanism, introducing an Independent Constitutional Judicial Appoint Commission to ensure merit-based appointments of subject-specialist law professionals. Police and prosecution reforms are essential to address Pakistan’s low prosecution rates, necessitating the establishment of an Independent Police Complaints Commission (IPCC) for transparency and accountability.
Legislative reforms must prioritize quality over quantity, with a focus on repealing obsolete laws, creating new ones when necessary, consolidating related laws, and codifying legal principles. The process of legal reform should be an ongoing commitment to analyze, advocate, and implement changes that enhance justice and efficiency.
By Dr. Ahsan Rajput ~ The writer is a prominent scholar of Law (a jurist) and fellow of the University of Cambridge.
This article was Published on 16th January 2024 in THE ISLAMABAD TELEGRAPH https://theislamabadtelegraph.com/2024/01/pakistan-ranks-10th-out-of-142/
