Pakistan’s route to credible governance, legal system
ACCEPT the fact that neither the government nor the judicial institutions in Pakistan have been able to acquire the public trust. In actuality, Pakistan falls far behind in planning due to a lack of effective administration and an inability to give swift justice which leads to malpractices such as corruption and resource exploitation. Despite the fact that international and local reports have consistently revealed and alarmed various aspects of poor governance in Pakistan, the necessary attention at the top level has not been given, both on the legislative and institutional building sides and the situation has deteriorated day by day. Lack of human resources, incompetence, outdated legislation and insufficient infrastructure are all significant contributions to Pakistan’s bad administration and ineffectual judicial system, for which the country has paid a steep price for decades.
Since the country’s inception, citizens in Pakistan have constantly demanded good administration and a framework for expeditious justice, but the results have been unsatisfactory. Pakistan’s global standing in terms of social, economic, governance and justice delivery is dismal and it creates a dark picture on a daily basis which is not in Pakistan’s best interest or future. Citizens’ continual requests to the state and government are without a doubt valid and legal and Pakistan’s state and government must react to such demands.
Pakistan’s economic and governance situations, as well as residents’ quality of life, cannot be changed until an effective and credible administration, as well as an efficient judicial system, are implemented. Certain inequalities occur at various levels of government (federal, provincial and local) in the development, implementation and execution of public policy which impedes its performance and service delivery and should be identified and remedied as soon as possible. Legislators and policymakers concerned with macroeconomic and microeconomic management, political stability, public policy change, public administration and institutional capabilities should be worried about this.
Pakistan’s state and administration now have little option but to establish new legislation and quickly undertake massive capacity-building initiatives in order to increase the efficiency of governance, justice delivery and human capital in order to satisfy the demands of citizens and modern world concerns. There is also a need to re-evaluate and rethink the responsibilities and capacities of federal, provincial and municipal governments in regulating the existing governance environment and ensuring the future efficacy of public governance and the administrative justice system. It would be difficult to offer to the public on merit in the absence of sound rules and without beginning to work on adequate human and capital capability.
There is an urgent need for outmoded laws and regulations to be revised to meet society’s developing needs and trust. This includes evaluating and revising current laws, as well as adopting new legislation as needed to ensure compliance with international human rights and investment norms. There is also a need to improve the elevation process of judges in superior courts and increase the number of judges and other staff, as well as offer training and resources to judicial workers, upgrade courtrooms and equipment and use maximum information technology to speed up justice.
Transparency is critical in Pakistan for establishing good government, accountability and eradicating corruption. To foster openness and accountability, new federal and provincial government business standards as well as measures such as open data policy, public audits and access to information legislation, must be implemented. To increase public accountability, citizen engagement should be permitted and included in decision-making processes at all levels through external monitoring bodies, encourage civil society organizations and support media freedom.
There is no doubt that desired benefits of credible governance and an effective justice system cannot be realized until the country’s basic structure is modified with time-bound legislation and a better monitoring system of external public agencies, as other successful countries have done and generated results. If decision-makers do not confront and overcome the difficulties of poor governance, delayed justice, shortcomings in public service delivery and barriers to timely justice, they will continue to hurt the country in the future and would increase the frustration as well among citizens.
It is also critical that lawmakers, governments and policymakers implement governance improvements and laws on the administrative, civil, commercial, investment, dispute resolution, prosecution and criminal justice sides as soon as possible in order to better address such problems. It is also critical to implement best international practices in both governance and the judicial system, foster collaborations and hire competent people with the necessary skills in the government and justice systems, all while ensuring high-quality information is available and used in decision-making which would be a defining feature of success. This is the only way Pakistan can achieve stability, strength and prosperity.
—The writer is practicing Advocate of Supreme Court. He has earlier served as Chairman Customs, Excise and Sales Tax Appellate Tribunal, Senior Advisor Federal and Tax Ombudsman.
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