Consolidated Judicial system and its implications

The independence of any judicial system assurances impartial and transparent court proceedings. It is true that there are many judicial challenges worldwide as well as in Pakistan.

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The judicial system in any country is a multifaceted system comprising of judges, lawyers, enforcement officers, courts of different levels and other related things. It is said to be the 3rd pillar of a state. An effective justice system is a fundamental right of citizens, as well creates an environment of trust where everyone feels safe. For instance, it enables entrepreneurs to protect their rights, settle their contracts, and recover their debts, which is vital for enterprise, investment, innovation and fair competition. A well-functioning judicial system in a way positively effects the economic development within a society. Confidence in justice creates a climate of certainty and reliability that enables forward business planning and hence a thriving private sector. All around the world there is a mutual understanding and trust that the quality, independence and efficiency of judicial system is essential for development of a country. A strong judicial system heads the society by taking control over it. A strong justice system is of the furthest importance for a country. It serves the safety and enforcement of rights, ensures the principle of legal certainty and social peace. The independence of any judicial system assurances impartial and transparent court proceedings. It is true that there are many judicial challenges worldwide as well as in Pakistan. Before strengthening the quality of any system, there is, need to understand its performance – its strengths, stress points and blockages. The peace of a society is chiefly due to the laws interpreted by the judiciary system and passed and implemented by the legislative body. Together the peace of the society is restored and all the evils are kept in check. The system runs a country remarkably by looking over the disputes, solving the serious, threatening cases and making sure that the people living in different communities abide by the laws of the country. Either small or large, the benefits of a good judiciary are experienced by every country. The rulers, landlords and politicians often consider it their right to treat the society in the way they want. Most of them are of the view that the law doesn’t apply to them. Mentioning that, the positive impact of a good judiciary can only be seen if such cases are controlled well. Justice should be served in any situation. It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law. When carrying out their judicial function they must be free of any unfitting influence. Such influence could come from any number of sources. It could rise from improper pressure by the executive or the legislature, by individual litigants, particular pressure groups, the media, self-interest. Whilst an independent and impartial judiciary is one of the cornerstones of a democracy, the practical ways in which this is given effect are often treated with suspicion. Once we talk about building effective judicial institutions, the aim should be to establish courts that decide cases cheaply, quickly, and fairly, while maximizing access. For instance, when judicial performance is very slow, improvements in speed can be made without compromising fairness. Access to the judicial system, comparatively by the poorer members of society, can be limited by factors such as procedural complexity, whether legal representation is required, and high financial costs. Judicial reforms that aims to advance the quality and integrity of judicial decisions should be focused on creating politically independent judiciary. Creating a system of checks and balances also improves fairness and integrity. For this, judicial independence needs to be coupled with a system of social accountability. The channels for such accountability can be the free media and civil society organizations, or accountability can be built into the judicial system itself.

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