Rule of law?

Pakistan’s modest rise from 130th to 129th in the World Justice Project’s (WJP) Rule of Law Index 2024 is a glimmer of hope for the country’s legal landscape. Yet, a closer look at the data reveals a troubling narrative. The ranking, though improved, does little to mask the stark reality: Pakistan lags severely in areas essential to a functioning society – civil and criminal justice, fundamental rights, open government, and security. Ranked fifth out of six countries in the region, Pakistan’s performance highlights how the country’s rule of law remains vulnerable, wavering in the face of political instability and institutional overreach. The decade-long history of Pakistan’s rule of law scores tells a story of promise and decline. Following the restoration of democracy in 2008, Pakistan’s indicators showed gradual improvement, with notable progress in law and order, fundamental rights, and economic stability by 2015. A post-Musharraf Pakistan saw stability emerging from the aftermath of years of military rule, the burden of terrorism, and a struggling economy. But the positive trajectory did not last. Political manipulation, institutional infighting, and short-sighted power plays unraveled the progress painstakingly built over years.

In 2018, Pakistan embarked on an experiment referred to as the ‘hybrid regime’. Ostensibly led by civilian politicians, this model leaned heavily on the support of non-representative institutions, orchestrated in an attempt to reshape the political landscape. The judiciary’s politicisation, a crackdown on dissent, and the selective application of justice became the defining features of this era. The hybrid project, under the then-ruling party, destabilised Pakistan economically, politically, and legally, as civil liberties and democratic norms steadily eroded. Politicians were stripped of legitimacy, dissenting voices in the media were silenced, and a culture of fear reigned supreme. These power struggles have left an indelible impact on Pakistan’s governance and law. With deep divisions between the executive and judiciary, coupled with institutional overreach, the country’s rule of law has become fragile, lacking the stability that democratic norms should guarantee. This chronic uncertainty has permeated civil and criminal justice, hindering any meaningful progress in combating corruption, ensuring transparency, or protecting fundamental rights.

This year’s marginal improvement in Pakistan’s global ranking underscores that even after five years of declining scores, there is potential to reclaim the path to better governance. However, the path forward requires a commitment from all institutions to function within their constitutional mandates, respecting boundaries that safeguard democratic integrity and rule of law. The recent clash between the executive and judiciary only emphasises how rule of law is contingent on institutional restraint – a restraint that has been alarmingly absent in recent years. If Pakistan is to break free from this cycle, it is imperative for all political forces to prioritise a shared vision for stability over partisan gains. The hybrid model’s failures must serve as a stark lesson: when rule of law is subordinated to political engineering, the entire nation bears the consequences. Moving forward, politicians and the judiciary alike must focus on rebuilding trust and reestablishing the pillars of justice and democracy. By doing so, Pakistan can hope not only to climb the ranks in global indices but to foster a nation where justice, transparency, and democracy are respected cornerstones rather than elusive ideals.