In a significant attempt to tackle the mounting backlog of legal cases in Pakistan, the Senate Standing Committee on Law and Justice has endorsed a bill to expand the number of Supreme Court judges from 17 to 25. However, this decision has sparked considerable dissent, particularly from the Pakistan Tehreek-e-Insaf (PTI) and Jamiat Ulema-e-Islam (JUI), who caution that this measure may amount to little more than a superficial remedy for the deep-rooted issues plaguing the nation’s judicial framework.
The urgency of this bill cannot be overstated; the Supreme Court is grappling with a staggering backlog of nearly 60,000 pending cases, while lower courts contend with millions more. This immense accumulation of unresolved legal matters often results in years—sometimes decades—of delay, perpetuating the unfortunate reality that for many, “justice delayed is justice denied.” Such systemic inefficiencies not only hinder individual litigants but also erode public confidence in the justice system as a whole, leading to a pervasive sense of disenfranchisement among the populace.
While the government’s proposal to enhance the Supreme Court’s capacity is a pragmatic response to this judicial crisis, it has drawn fire from opposition parties who raise valid concerns about potential political manipulation and the proposal’s long-term effectiveness. Their critique underscores a crucial aspect of the legislative process: if the opposition harbors genuine alternative solutions to the judicial backlog, they would do well to articulate these proposals openly, rather than solely opposing the government’s initiative. If their resistance stems from mere partisanship, it may ultimately undermine not only the pursuit of justice but also their credibility with constituents who yearn for tangible improvements.
Senator Hamid Khan of PTI has suggested a more expansive reform, advocating for an increase in judges within the High Courts as well. This broader approach could address systemic bottlenecks not only at the apex of the judiciary but throughout its structure, promoting a more efficient judicial process. Additionally, prioritizing the filling of existing vacancies in both High and Lower Courts is essential for providing immediate relief to the beleaguered justice system. A concerted effort to appoint judges at all levels—especially to long-unfilled positions—could significantly reduce delays and enhance access to timely justice for countless individuals waiting for their day in court.
Moreover, the recent adjustments following the 26th Constitutional Amendment to the judge appointment process aim to foster a more streamlined and transparent hiring framework. It is imperative that these appointments reflect a commitment to consensus and are shielded from political bias, as the success of any reform hinges on the integrity of those who uphold the law.
While the decision to increase the Supreme Court’s capacity is undoubtedly a step in the right direction, it is essential to recognize that meaningful judicial reform necessitates a comprehensive overhaul of the entire justice system. Such a holistic approach is critical if Pakistan’s citizens are to have faith in a judiciary that not only upholds the law but also delivers justice in practice, rather than merely in name. Only through concerted and inclusive efforts can the nation aspire to a legal system that serves all its people equitably and effectively.
