PAKISTAN’S judicial system faces several crucial challenges that demand attention to enhance its efficacy and efficiency. However, four pressing issues, if addressed urgently, would significantly increase the effectiveness of our judicial system and improve administration of justice in Pakistan. These matters can be addressed promptly without adhering to Byzantine procedures, provided there is a genuine commitment to addressing them.
Combating the Culture of Adjournments: First and foremost, there is a pressing need to move away from the entrenched culture of adjournments in our courts. This practice often leads to delays and inefficiencies, undermining public confidence in the judicial system. We must transition to a culture of professionalism and punctuality. This shift requires a commitment from both the judiciary and the legal professionals to prioritize timely hearings and expedite disposal of cases. Implementing stricter controls and accountability measures for unnecessary adjournments will help ensure that justice is delivered promptly and effectively.
Key approaches to mitigate adjournment culture could involve, implementing strict scheduling of cases, enhancing case management, pre-trial conferences and promoting Alternative Dispute Resolution. Regulating Oral Arguments: Secondly, the length of oral arguments in courtrooms has become a significant issue, often leading to interminable delays. Such delays can disproportionately favour the powerful and wealthy, who can afford prolonged legal battles, while disadvantaging ordinary citizens. It is crucial to establish clear guidelines on the duration of oral arguments to prevent unduly prolonged judicial proceedings. By establishing clear time limits, encouraging written submissions and streamlining court procedures, we can reduce the risk of judicial capture and ensure that outcomes are not influenced by the resources of the litigants but by the merits of the case. Building an Inclusive Legal Profession: Thirdly, there is a need to create a level playing field within the legal profession. First- generation lawyers, including those from marginalized communities, must be provided with equal opportunities to succeed.
Men, women and individuals from diverse backgrounds should have access to resources, mentorship and support necessary for their professional growth. Implementing measures to support these individuals, such as scholarships, training programs and mentorship opportunities, will help build a more inclusive and equitable legal profession. Additionally, promoting diversity in hiring practices and ensuring that legal institutions reflect a broad range of experiences and perspectives are crucial for fostering an environment where all lawyers can thrive. By addressing these disparities, the legal profession can better serve the public and uphold the principles of justice and equality.
Revisiting Judge Vacation Policies: Lastly, the traditional long vacation periods for judges should be re-evaluated. The current patterns of prolonged absences can lead to significant delays in the adjudication of cases, contributing to a backlog and undermining the timely delivery of justice. While vacations are important for rest and recuperation, we must explore alternative arrangements that balance personal time with the need for judicial efficiency. In consultation with the bar associations, implementing flexible working arrangements, such as flexi-time, could offer a practical solution.
This approach could help accommodate the needs of both legal professionals and the judges, ensuring that the system remains accessible, functional and responsive throughout the year. These are focused problems that can be tackled effectively through the combined efforts of the bench and the bar. Addressing these four issues promptly is crucial for strengthening Pakistan’s judicial system. These reforms will not only improve the efficacy and efficiency of the judicial system but also enhance public trust in our judicial institutions.
—The writer is a legal professional with a strong commitment to justice and reform.
