Justice System in Pakistan: Current Status / Current affairs / Essay for CSS/PMS

 Justice System in Pakistan: Current Status 

The incumbent government and its allies showed mistrust of the apex court and decided not to become part of court proceedings related to the election of the Punjab Chief Minister. The decision came when Supreme Court rejected the demand of the full court. The judiciary is entangled in a political power game compromising its credibility. The latest controversial role of the judiciary is the forthcoming system crash. The Supreme Court has declared Pervaiz Ilahi as Punjab CM during the election of Hamza Shehbaz as illegal. The ruling has roared the allied government. The Supreme Court has become a ground for political skirmishes. The conflicting parties have sought judicial intervention in their disputes. In this political crisis, it will be tough for the judiciary to satisfy both parties on sensitive political and constitutional matters. However, the new ruling has made it more controversial. The further interpretation from the court has added fuel to the fire. The extreme role of the judiciary has created an acute imbalance. The court's move to rewrite the constitution rather than its interpretation has affected the integrity of the highest court, for example, Supreme Court's decision on Article 63-A. The experts considered the Supreme Court's decision as an attempt to rewrite the constitution.

The disputed ruling has been a significant cause of controversy over the Punjab CM election. Some argue that the Supreme Court's ruling has further complicated the matter. The demand of the entire court needs to be accepted in this matter. Also, some retired judges supported this demand. Retired Justice Maqbool Baqir cautioned against the moves to rewrite the constitution. The further bad feeling is the same bench formed to hear this sensitive political and constitutional matter, raising the question about the integrity of the decisions. Criticism has also come me out within the institution. Justice Baqir has expressed concerns over forming the bench on sensitive constitutional matters while ignoring the senior judges.

Justice Qazi Faez Issa has also raised questions over the formation of the larger bench for the Presidential reference regarding the scope of Article 63-A. He wrote a letter to Chief Justice saying that senior judges are not being counseled to hear the case. He revealed the seniority number of Judges who were part of the bench as fourth, 8th and 13th, respectively. He said it was disturbing because it might lead to mistrust. Qazi Faez Issa has not shown concerns over the judicial procedures for the first time. His strict rulings have caused anger in the establishment, due to which Imran Khan's government filed a reference against him. His criticism has exposed the shortcomings in the functioning of the superior judiciary. The need of the hour is to restore the integrity of the judiciary. It is essential to mitigate the growing concerns over the biasness of the apex court for strengthening the court's authority. In constitutional matters, the increased interventions by former Chief Justices Saqib Nisar and Iftikhar Chaudhary have affected the institution's integrity. Some of their popular actions crossed the boundaries of the executive and legislature. Hasty judicial interventions had incapacitated the executive to deliver the people. It has broadened the power imbalance among the three pillars of the state. Power must be exercised rationally for the smooth working of the system. These are the dark times for all institutions. The judiciary must bear the pressure built for vested political interests. Any surrender to the pressure will damage the rule of law and the democratic process in the country. Political leadership must resolve issues on elected forums rather than dragging the judiciary to politics.