Is Pakistan's Judiciary Political? (session 11)

In the reading related to The Judiciary, Heywood mentions that some political systems do not claim to judicial neutrality. There fore, in orthodox communist regimes the judges interpret law in accordance with Marxism-Leninism subject to the ideological authority of the states of the state’s communist party.

In other political systems however, judges are to observe strict neutrality. Even though in most cases this is not the case. The judged maybe political in one of the two ways as they be may be subject to eternal bias or internal bias.

Similarly, Pakistan’s judiciary can be accused of being subject to external bias ie the influence that political bodies, such as parties, the assembly or the government, are able to exert on the judiciary, as judges of the Provincial High Courts are appointed by the President after consultation with the Chief Justice of the Supreme Court, as well as the Governor of the Province and the respective Chief Justice of the High Courts to which the appointment is being made.

Furthermore, There is also a Federal Shariat Court comprising eight Muslim Judges, including a Chief Justice appointed by the President. If the judges are selected by the president than its clear that there will be an element of external bias within the judiciary.

Leaving the external or internal bias aside, the Pakistani judiciary is far worse. It is corrupt and incompetent and often blamed for nepotism. There is no clear guide line as to what is the standard for the appointment of the judge. The story of judicial accountability is no different.

According to the Law Commission, there were 1,559,803 cases pending across Pakistan on Jan 1, 2013. The number had gone up to 1,709,345 by Jan 31, 2013. On Dec 31, 2013, 1,193 out of 2,365 sanctioned posts in Punjab’s district judiciary, 81 out of 446 in Sindh, 112 out of 450 in KP, 89 out of 273 in Balochistan and 48 out of 101 in Islamabad lay vacant. We have overworked judges hearing cases into the evening in Islamabad High Court. But three out of seven posts in the court are still vacant. Is the executive to blame for these damning statistics? (http://www.dawn.com/news/1144955)

It is really about time this issue be resolved as much of Pakistan’s greater problems stem from this issue.