This is apropos a letter to the Editor carried by this newspaper yesterday. To further analyse the issue, let us compare Pakistan’s performance with that of its immediate neighbor, India, which highlights the disparities and challenges. In the Rule of Law Index, India ranks 79th out of 139 countries, while Pakistan ranks 129th.
On the Corruption Perceptions Index, India holds the 85th position out of 180 countries, whereas Pakistan is ranked 133rd. India’s superior rankings in economic freedom (121st out of 178, compared to Pakistan’s 147th), human development (132nd out of 189, compared to Pakistan’s 154th), and business environment (63rd out of 190, compared to Pakistan’s 147th) further illustrate the disparity between the two countries.
Now we are in a better position to dilate upon internal and external factors which are responsible for the low ranking of judiciary. The low international ranking of Pakistan’s judiciary is driven by both internal and external factors. The internal accounts for 45% of the impact including Corruption (20%), inefficient judicial processes (10%), insufficient training for judges and court staff (10%) leads to subpar judicial decisions. Barriers to accessing justice (5%), such as high legal fees and complex procedures, also prevent many individuals from seeking legal recourse.
External factors, political interference (15%) compromises judicial independence. Inadequate resources and outdated infrastructure (10%) hinder efficient operations. Political instability (10%) and economic conditions (8%) that limit government support for the judiciary.
Security concerns (5%), such as ongoing threats and internal conflicts, divert attention and resources away from necessary reforms and compromise judicial independence. Cultural and social attitudes towards corruption and the role of law (5%). Additionally, negative international perceptions and rankings (2%) impact foreign aid and investment, indirectly affecting judicial performance and reforms.
This comparison clearly reflects that the judiciary is responsible for 45% and the legislature and executive are responsible for another 45% of the low ranking of the judiciary. This implies that if external factors are addressed, the ranking could improve significantly, potentially improving from 129 to 69, which would be slightly better than India’s ranking of 79.
Let us dig deeper and try to understand the parameters used by the World Justice Project to judge countries’ performance in judiciary and peruse the ranking secured by our judiciary on each of the rankings. The score of Pakistan for “Constraints on Government Powers” stands at 0.38, placing Pakistan at 124th out of 140 countries. This indicates considerable limitations in the ability of the judiciary to check government authority. (External Factor).
Qamar Bashir
Copyright Business Recorder, 2024
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