A people-centric judiciary

The legacy of colonialism casts a long shadow over many aspects of life in former colonies, not least of which is the judicial system. Inherited from a time and ideology that prioritized control over justice, these systems often remain encased in archaic practices, terminologies, and hierarchies that are at odds with the democratic and egalitarian ideals many of these nations now strive to embody.

The call for radical change in the judicial system extends beyond the necessary technological advancements such as modernization, automation, digitization, and digitalization. It also demands a profound transformation in the system’s relationship with the people it serves.

1- The need for a paradigm shift

The colonial judicial systems were designed to enforce the laws of an occupying power, often with little regard for local customs, values, or the well-being of the indigenous population.

The system was hierarchical and alien, designed to consolidate power rather than dispense justice. In the post-colonial context, the retention of such systems, complete with their colonial-era titles and attitudes, perpetuates a disconnect between the judiciary and the people.

The titles like “Lords” for judges, emblematic of a bygone era of elitism and subjugation, are incongruent with the principles of equality and democracy. These relics of colonialism should be relegated to the “backyard of history,” replaced by a judiciary that embodies the values and aspirations of its people.

2- The Constitution of Pakistan encapsulates a profound principle that the sovereignty belongs to Almighty Allah, and His supreme authority is entrusted to the people as a sacred duty. This foundational concept is not just a symbolic acknowledgment but serves as the bedrock for the governance structure of Pakistan, mandating a democratic framework where power is exercised directly by the people or through their elected representatives. It establishes an essential truth that no branch of the government, including the judiciary, holds primacy over the populace.

Instead, these institutions exist to serve the people, acting as stewards of the authority bestowed upon them. This principle demands a re-evaluation and recalibration of the roles and functions of administrative and judicial systems within the country.

A) The sovereignty of the people

At the heart of this constitutional declaration is the principle of the sovereignty of the people. This concept emphasizes that all power and authority within the state emanate from the citizens themselves. The government and its various institutions, including the judiciary, are merely representatives and executors of the people’s will. This perspective shifts the traditional view of governance and legal authority from a top-down approach to a more participatory and inclusive model.

B) Judicial system as a servant of the people

The judicial system, in this context, is envisioned not as an entity that stands above the populace but as one that serves at their behest. This service-oriented approach requires that the judiciary operates with transparency, accountability, and a deep commitment to justice for all. The courts must ensure that their procedures and judgments are accessible, understandable, and fair, reflecting the moral and ethical values of the society they serve. This implies a judiciary that is empathetic, responsive to societal needs, and vigilant in protecting the rights and freedoms of the individuals.

C) Implications for governance and administration

This constitutional ethos necessitates a governance model where administrative institutions function with humility and a sense of duty towards the citizenry. It implies a departure from autocratic or elitist governance models towards a more egalitarian and democratic system. Administrative institutions must prioritize the welfare and interests of the people, ensuring that their policies, decisions, and actions are aligned with the broader goals of social justice, equity, and public service.

D) Empowerment and participation of the citizenry

Acknowledging Allah’s sovereignty and the sacred trust vested in the people calls for active participation and empowerment of the citizenry in the governance process. It requires mechanisms that facilitate public engagement, consultation, and feedback in policy formulation, judicial reforms, and administrative decisions. This democratic ethos encourages a culture of accountability, where officials and institutions are responsive to the needs, grievances, and aspirations of the people they serve.

E) A vision for a people-centric governance

The constitutional principle that sovereignty belongs to Almighty Allah and is entrusted to the people as a sacred duty offers a transformative vision for governance and judicial administration in Pakistan. It calls for a systemic overhaul where every institution, including the judiciary, functions as a servant of the people, guided by principles of justice, equity, and compassion. By realigning the roles and operations of these institutions to serve the public good, Pakistan can foster a more inclusive, democratic, and just society. This vision not only adheres to the constitutional mandate but also resonates with the universal values of human dignity, freedom, and the collective well-being of the community.

3) Serving the people: The judiciary’s primary role

The primary role of the judiciary is to serve the people by providing fair, accessible, and timely justice. This service-oriented approach necessitates a judiciary that is not only efficient and technologically adept but also empathetic and responsive to the needs of the citizenry.

The judges, as public servants, must view themselves as functionaries with a solemn duty to dispense justice impartially and respectfully.

The transformation of the judiciary into a body that genuinely serves the people requires both structural and cultural changes that empower citizens, particularly the marginalized and the working class, recognizing them as the true “lords” of a democratic society.

4) Empowering the working people

The working people, often the most affected by the inefficiencies and inequities of the judicial system, must be placed at the heart of judicial reforms.

This entails not only making the system more accessible and understandable to the layperson but also ensuring that the judiciary reflects the society it serves, both in composition and in ethos. Legal processes should be demystified, and legal information made readily available, to empower individuals to assert their rights and navigate the judicial system with confidence.

5) Implementing technological and cultural reforms

The adoption of modern technologies can significantly enhance the efficiency and accessibility of the judiciary. However, technology alone is not sufficient to bridge the gap between the judiciary and the people. A cultural shift within the judiciary, away from colonial-era elitism towards a more inclusive and service-oriented model, is imperative.

This shift involves reevaluating the language used within the legal system, the procedures that govern court interactions, and the training and evaluation of judges and court staff.

Conclusion: A call for radical, inclusive reforms

The clarion call for sweeping reforms in the judicial system underscores the urgency of establishing a framework that resonates with the lived realities and pressing needs of the populace it aims to serve.

However, recent evaluations of Justice Qazi Faiz Esa’s tenure as the head of the Law & Justice Commission of Pakistan, as well as the performance of the commission’s other members, have revealed a troubling scenario characterized by stagnation and inefficacy, especially in embracing contemporary technological advancements. Despite the passage of over five months, the commission’s digital footprint remains disappointingly minimal, indicative of a significant disconnection from the imperative demands of the digital era.

This failure to adapt not only casts a shadow over the commission’s capacity for evolution but also highlights a squandered opportunity to harness technology in order to enhance the efficiency of judicial procedures. This negligence stands out starkly in an era where digitization and blockchain technology are transforming the landscapes of governance and justice administration.

In light of these challenges, the Law & Justice Commission of Pakistan must seek the expertise of the United Nations Development Programme (UNDP), renowned for its extensive experience and successful digital transformation of the Chief Court of Gilgit-Baltistan.

This collaboration is pivotal, promising the infusion of much-needed technological acumen and innovation into Pakistan’s judicial framework.

It is fervently anticipated that Justice Qazi Faiz Esa and his team will recognise the urgency of this transformative endeavor and respond with the requisite diligence and commitment. In an epoch defined by the rapid evolution of generative artificial intelligence, it is imperative that the leadership does not falter in their mission nor fail the expectations of the Pakistani populace.

The time for decisive action and groundbreaking reform is now, and it is hoped that the commission will rise to meet this historic opportunity with unwavering resolve and visionary leadership.

Copyright Business Recorder, 2024