n recent years, Pakistan has been grappling with significant economic and political crises. Corruption, political instability and institutional weakness have all contributed to the country’s woes. Unfortunately, the judicial system is no exception, and many have called for reforms to enhance its efficiency and effectiveness. So what kind of judicial reforms are possible in Pakistan given the current economic and political climate?

One of the most significant challenges facing the judicial system is the backlog of cases. According to a report released in July 2022, there were more than two million cases pending in courts across the country. The backlog not only slows down the judicial process but also undermines citizens’ confidence in the judiciary. To tackle this issue, the government could consider introducing reforms to increase the judiciary’s capacity to handle cases efficiently.

One potential reform is to invest in the digitalisation of the judicial process. Digitalisation can enable courts to manage cases more efficiently by reducing the need for physical hearings. The use of technology in courts can also enhance accountability by making the judicial process more accessible and fairness more verifiable.

To reduce the backlog of cases, introducing alternative dispute resolution mechanisms such as mediation and arbitration can be beneficial. Such mechanisms allow for dispute resolution outside of the formal court system and can be faster and less expensive than traditional court proceedings. Additionally, implementing alternative dispute resolution can help alleviate the burden on the Judiciary.

Corruption poses a significant challenge to the judicial system, as it undermines the judiciary’s integrity and erodes citizens’ confidence in the system. To combat corruption, the government could consider implementing reforms that promote transparency and accountability in the Judiciary. One possible solution is to establish an independent oversight body responsible for monitoring the Judiciary’s performance, ensuring that judges are appointed based on merit and holding them accountable for any misconduct. This body could also investigate allegations of corruption within the Judiciary and take appropriate action to address any wrongdoing.

Promulgating a code of ethics for judges is another reform that could help address corruption in the Judiciary. A code of ethics would establish clear guidelines for judges’ conduct and ensure that they act with integrity and impartiality. Another significant challenge facing Pakistan’s judicial system is political interference, which threatens the Judiciary’s independence. To address this issue, the government could consider implementing reforms that strengthen the Judiciary’s independence and ensure that it can operate without being subject to political pressure or influence.

Overall, these reforms could enhance the capacity and efficiency of the Judiciary, making justice accessible to all citizens, even in the face of economic and political crises.

One potential reform that could enhance the independence of the Judiciary is the establishment of an independent commission tasked with appointing judges based on merit, without any political interference. This commission could also play a role in promoting diversity within the Judiciary, ensuring that it reflects the diverse makeup of Pakistani society.

Another measure that could bolster the Judiciary’s independence is the implementation of fixed terms for judges. Currently, judges serve until they reach the mandatory retirement age of 65. The introduction of fixed terms can make for greater independence.

In 2009, the National Judicial Policy was adopted to address the backlog of cases and to promote its independence and root out corruption. The policy was developed following the Movement for the Restoration of Judges (2007-2009) as a means of improving the performance of the justice sector and building public confidence in the administration of justice. The National Judicial Policy Making Committee (NJPMC) formulated the NJP, which included both short- and long-term measures to expedite case resolution and established time limits for various categories of cases, prioritising the resolution of older cases.

The number of pending cases is on the rise in Pakistan due to various factors. These include a shortage of judges, inadequate infrastructure, outdated laws and procedural delays. The number of pending cases has been increasing steadily over the years, and as of July 2022, there were over 2 million cases awaiting resolution in the country’s courts. To address this backlog of cases, the National Judicial Policy (NJP) implemented several measures, including the establishment of model courts. These specialised courts, staffed by experienced judges and equipped with modern technology, aim to fast-track the disposal of cases that have been pending for more than five years.

Another key initiative introduced under the NJP is the e-court system. It enables judges to access case information online, reducing the reliance on physical files that can be time-consuming and prone to errors. The introduction of e-court systems has also reduced the time required to issue judgments. In addition, the NJP has introduced reforms to enhance the capacity of the judiciary.

Pakistan is facing significant economic and political challenges. There is an opportunity for reforms that could enhance the efficiency and effectiveness of the Judiciary. These reforms might include increasing the capacity of the Judiciary to handle cases efficiently, introducing alternative dispute resolution mechanisms, enhancing transparency and accountability, strengthening the independence and promoting diversity in the judiciary. Implementation of such reforms can restore citizens’ confidence in the judicial and contribute to the overall stability and prosperity of the country.

The writer is an advocate of the High Court and a PhD scholar