Courts are meant to provide justice to the public. As per words of Justice Mansoor Ali Shah at the Asma Jahangir Conference we need a dramatic overhaul to ensure justice is truly accessible and efficient.
The honourable justice made the point that the founding principle of an independent judiciary, enshrined in our constitution, seems distant. Data speaks volume of the court efficiency as a backlog of 2.4 million cases for a nation of 231 million does not serve justice. This translates to a mere 13 judges per million people, far below the global average of 90.
The backlog has severe consequence: it erodes trust and force citizens to endure financial hardship. No one speaks about the plight of those who sell livestock to afford legal representation. This is not “cheap justice” as envisioned by the constitution.
One major rescue for judiciary is technology. Justice Shah also asked for the need for an IT revolution within the system. Streamlining case management and record-keeping can significantly reduce backlogs and improve transparency.
One technology will not do justice. Accountability is crucial. Justice Shah is in favour of zero tolerance against corruption and a merit-based system for appointing judges. Performance evaluations, not recommendations, should determine a judge’s career path.
Lawyers are an integral part of the justice system. While there is need for more lawyers, their conduct must be above reproach. Delays caused by unnecessary adjournments further burden a struggling system.
Among so many issues, the lack of diversity within the judiciary is yet another pressing issue. How many women judges do we have? They are woefully underrepresented amongst judges. Investing in training programs for female lawyers and judges is essential for a more inclusive system.
Our judicial system needs to draw inspiration from international models. Brazil prioritizes judicial spending, recognizing its vital role in national development. Similarly, the UK’s high lawyer-to-citizen ratio offers insights into efficient legal representation. Pakistan can learn from these examples. Developing specialized commercial courts can expedite economic disputes, fostering a more robust business environment.
