Justice Delivery Flaws in Pakistan and the Need for Structural Reforms

Justice is the backbone of any civilized society, yet in Pakistan, the delivery of justice faces serious and deep-rooted flaws. Delays in court proceedings are rampant, with cases sometimes dragging on for decades. Ordinary citizens, especially the poor and marginalized, find it almost impossible to access timely and affordable justice.

Corruption within lower courts, political interference, lack of accountability, and outdated legal procedures further weaken public trust. Victims often suffer in silence while the powerful manipulate the system in their favor. Additionally, the overburdened judiciary, limited number of judges, and lack of modern legal technology contribute to inefficiency and injustice.

One major structural flaw is the direct appointment of lawyers as High Court judges under Article 193 of the Constitution. While Article 193 allows advocates with ten years of experience to be appointed directly as judges, in practice, this has led to serious problems. Many lawyers appointed through this method lack the necessary judicial background, training, and temperament required to manage court proceedings and deliver fair decisions. Without experience as judicial officers at the lower courts, these appointees are often disconnected from the ground realities of justice delivery. It is strongly recommended that the quota system for appointing lawyers directly as judges be suspended, and that only those who have served as judicial officers and proven their capability over time be elevated to the High Court. This will ensure that the judiciary is filled with individuals who are trained, tested, and familiar with judicial discipline.

Another major issue is the centralized power structure within the judiciary, particularly in the High Courts. Presently, the Chief Justice of a High Court holds almost unchecked authority, making critical administrative and judicial decisions without meaningful oversight. This concentration of power discourages transparency and can lead to arbitrary use of authority. A proper chain of command system must be introduced, where powers and responsibilities are distributed among multiple senior judges through committees or administrative councils. This would promote collective decision-making, accountability, and prevent the misuse of power.

Furthermore, another serious flaw contributing to the slow and often unjust delivery of justice is the lack of proper investigation. Investigating authorities often fail to conduct honest and thorough investigations due to corruption, external pressures, or personal gain. It is essential that investigation officers and concerned authorities are held to strict standards of professionalism and integrity. Mechanisms must be put in place to monitor and punish misconduct, ensuring that investigations are based on evidence and not influenced by money or power. Only when investigations are reliable and impartial can courts deliver true justice.

In conclusion, Pakistan’s justice system needs urgent and meaningful reforms. Without addressing these foundational issues — flawed appointment systems, centralized judicial authority, and poor investigation standards — the promise of justice will remain out of reach for the common citizen.