In recent years, Pakistan has witnessed debates and discussions around the composition of its judiciary, specifically the number of judges serving in its Supreme Court. The issue of increasing the number of judges has gained significant attention, sparking a national conversation about the efficiency, independence, and potential politicization of the country’s highest court.
Historical Context and the Current Structure
The Supreme Court of Pakistan, established under the Constitution of 1973, initially had a Chief Justice and a number of judges, which was set to be determined by the president of Pakistan in consultation with the Chief Justice. The Court, however, has historically been small, often functioning with only a handful of judges, making it difficult to handle an ever-increasing caseload.
Over time, the number of judges has fluctuated, often in response to political pressure and changing demands on the legal system. In recent decades, the number of judges in the Supreme Court has varied between 15 and 17, though this number has often been a matter of debate.
In 2021, Pakistan’s parliament passed legislation to increase the number of judges from the existing 17 to a possible 25, signaling the government’s intent to reform the judiciary and address longstanding concerns about delays in the legal system.
Mounting Caseload: One of the primary reasons for increasing the number of judges in the Supreme Court is the overwhelming caseload faced by the Court. Pakistan has seen a sharp increase in litigation over the past several years, ranging from constitutional challenges to public interest cases, human rights issues, and political disputes. With limited judicial resources, the backlog of cases has resulted in long delays, with some cases taking years to reach a final verdict. Increasing the number of judges could alleviate these delays and ensure that justice is delivered more efficiently.
Judicial Independence and Efficiency: Proponents of increasing the number of judges argue that a larger bench would lead to greater specialization and expertise. A larger pool of judges could allow for more focused attention on complex cases, which in turn could improve the overall functioning and transparency of the judiciary. Supporters argue that the quality of justice would benefit from a diversified group of judges, each with specific areas of expertise.
Judicial Reforms and Modernization: Pakistan has long struggled with a slow and outdated judicial system. Reforming the judiciary, including increasing the number of judges, is seen as a step toward modernizing the legal process. This could involve improving court management, utilizing technology, and reforming procedural laws to keep up with the growing demand for justice.
Enhancing Access to Justice: In a country as large and diverse as Pakistan, access to justice remains a major issue, particularly in rural and underserved areas. By expanding the bench, the Supreme Court may be able to more effectively hear cases from across the country, making it easier for citizens to seek justice. This could help address the geographic and socio-economic disparities that often limit access to the courts.
Public Reaction and the Role of the Media
Public opinion on the issue of increasing the number of judges is divided. On one hand, there is support for the move as a necessary step toward clearing the judicial backlog and ensuring justice is more accessible to all citizens. On the other hand, there are concerns about the potential for political manipulation, especially in a country with a history of judicial-political tension.
The media plays an important role in shaping public opinion on this matter. While some outlets have highlighted the need for judicial reforms, others have raised concerns about the integrity of the process. Media coverage often reflects the broader political divide, with different political factions offering contrasting views on whether expanding the judiciary would benefit or harm the country’s legal system.
Conclusion
The proposal to increase the number of Supreme Court judges in Pakistan is a reflection of the ongoing need for judicial reform in the country. While the move may help alleviate the growing caseload and improve access to justice, it also raises important questions about the independence and integrity of the judiciary.
As Pakistan’s political and judicial systems continue to evolve, it is essential that any reforms to the judiciary are undertaken with a clear commitment to maintaining the independence of the courts and ensuring that the process is transparent and free from political interference. Whether this increase in the number of judges will lead to lasting change or simply serve as a political tool remains to be seen.