Role and Responsibility of Judiciary in Pakistan's

Your Blog Post Title

The judiciary plays a pivotal role in upholding justice, protecting fundamental rights, and ensuring the smooth functioning of a nation's legal system. In Pakistan, like in many other countries, the judiciary faces challenges in balancing adaptability and toughness while maintaining its integrity. Over the last 15 years, some controversial practices and decisions have raised questions about the judiciary's commitment to justice and impartiality.

Judiciary and Social Media

In the age of social media, judges have ventured into the digital world, seeking popularity and public adoration. While adaptability is crucial, judges must be cautious not to compromise their impartiality by engaging in partisan behavior on social media platforms. The judiciary's primary function is to interpret the law and dispense justice, and any attempts to sway public opinion undermine this fundamental role.

The Art of Jurisprudence

Jurisprudence is often regarded as an art form or craft, shaping a country's legal and constitutional history. The constitution acts as a unifying force, holding a nation together. In Pakistan, recent discussions within and outside courtrooms have given rise to controversies, shedding light on the judiciary's evolving role.

Judicial Review: A Double-Edged Sword

In many countries, judicial review is a tool reserved for exceptional cases where fundamental rights are under threat. However, in Pakistan, three legal devices—contempt of court, judicial reviews, and suo motu notices—have been used extensively, sometimes to assert authority and at other times, questionably.

Contempt of Court: An Accountability Tool

Contempt of court serves as a valuable tool to hold officials accountable for violating court orders. When a judge issues an order, it is binding, and all concerned parties must adhere to it. Failure to do so can lead to a breakdown of the judicial system. However, in Pakistan, contempt of court has occasionally been employed to settle personal scores or target specific individuals, deviating from its intended purpose.

Judicial Review: Protection of Fundamental Rights

Judicial review is essential to safeguard fundamental and human rights when legislative or executive actions threaten these rights. Ideally, it should focus on the well-being of the people, ensuring that their rights are protected. For a judicial review to be valid, it must meet specific criteria, including the involvement of fundamental rights and the engagement of a full bench of judges.

Suo Motu Notices: A Controversial Power

The power of suo motu notices, where the court takes up a case on its own initiative, has become contentious. In recent years, such notices have been issued without clear justifications, potentially trivializing jurisprudence at the highest level. To maintain its dignity and respect, the judiciary must exercise this power judiciously, refraining from intervening in trivial or politically motivated matters.

The judiciary's role in Pakistan is crucial for maintaining the rule of law and protecting citizens' rights. While tools like contempt of court, judicial review, and suo motu notices are essential for upholding justice and ensuring the implementation of verdicts, they must be used judiciously and in the interest of public welfare, rather than for personal agendas or political motives. Upholding impartiality and fairness is paramount for the judiciary to retain its credibility and respect in the eyes of the public.

Auto Refresh Page

Socail Media Point Youtube Channel

Blog Topics