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Judiciary and Politics

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Adil Bazai

Judiciary and politics are the fundamental elements of a country. They both work as a cornerstone of a country. Judiciary and politics are really different in nature if we look in a broad sense. What is the judiciary? The judicial branch of government refers to a country’s court system. Judiciaries are responsible for interpreting and applying a country’s laws in particular cases. While the judiciary is the same as other institutions of government which have to enforce the law. Judiciary contains the hierarchy of courts, it was established under article 175 of the 1973 constitution of Pakistan. Here the question arises, what is politics? The guidance of rights for the public and makings laws for their betterment. Political leaders are elected from all corners of Pakistan from different political parties. The principal job of parliament is job is legislation for the betterment of people and the country.

To move toward an in-depth relationship between the judiciary and politics. It is essential to have a quick glance at the judiciary of Pakistan. Why judiciary seems to be a failure in Pakistan? According to the world justice project (WJP), Pakistan’s judiciary ranked 120 out of 128 in the world. Why it is like that there are many arduous reasons on ground level which must be fixed. The judicial commission is mainly composed of retired and serving judges while chief justice of Pakistan is main actor. How can they resist the status quo that benefits himself and the structure of the judiciary?In United State, judges are recommended by parliament which is the sole representative of the people, but here it is not like that, and according to the report of the National judicial policy-making committee 2.18 million cases are pending in courts. The courts’ justice is delayed due to which people usually didn’t trust the process and in most of the cases go for Jigra in Balochistan, Khyber PakhtunKhawa and FATA, and Panchiayat in Punjab and Sindh.

Judiciary has been a very keen player in political dynamics of Pakistan. The politics of Pakistan are uncertain due to which political parties relay upon judiciary and establishment. Superior judiciary has been seen as mutual partner of establishment, providing the military political action along with legal cover. In Zulfiqar Ali Bhutto era, we have witnessed the biased judiciary and establishment not providing the fair trail, due to which Bhutto was sentenced death. The apex court have dismissed two sitting prime minister of the country Yousaf Raza Gillani and Nawaz Sharif.

Constitutional articles and judicial innovation have empowered the judiciary to intervene in the action of other branches of government by taking suo moto. Therefore it was need of hour for political parties to shape their future accordingly. Lawyers’ movement 2007 and separation of judiciary from executive and taking control of judicial appointments from executive have dominated chief justice of Pakistan. Supreme courts directly involved in parliamentary affairs, bureaucracy affairs which isn’t their domain due to which there is much chaos in the country.

In the near past, we have experienced a political crisis in the country. It is not the first time but it has been from time to time, starting from the dissolution of the 1st constituent assembly, due to which Pakistan has made its constitution in 1956 after nine years while India 1949 have completed work on its constitution and have been implemented in 1950. The politics of Pakistan are uncertain in a sense, that we have seen Imran khan not letting vote of No-confidence against him. The ruling of deputy speaker in National assembly while dismissing vote of No-confidence because of foreign involvement. The political vacuum and crisis in Punjab while dismissing Buzdar from chief minister seat. The revival for the throne between Hamza Shahbaz and Chaudhary Pervaiz Ellahi. The opening of courts at 2400 hours, three bench judgments of Punjab assembly election for chief minister, judicial commission of chief justice Atta Bandial rejection by 5-4 for judges in Supreme Court of Pakistan, will be dark part of our history.

Judiciary and politics both are essential for the country which both leads the country to development and progress. Judiciary should work under its own jurisdiction without involving in parliamentary matters until it’s a matter of fundamental rights. At the same time, all the parliamentary and political parties should go for the character of democracy because it is the need of the hour to avoid an economic and political crisis for the future in Pakistan, and sets a good precedent for the rest of the generation.

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