Does the Bureaucracy’s Incompetence and Dishonesty Collapse on the Judiciary Like an Earthquake?
By: Sahibzada Mian Muhammad Ashraf Asmi Advocate
Chairman, Human Rights Front International
Dear Readers,
In today’s column, I specifically want to bring to the attention of those in power and those with influence that in our country, no opportunity is missed to tarnish the reputation of the judiciary. In reality, the judiciary’s defamation is a result of the dishonesty and incompetence of governmental institutions. The subordinate judiciary serves as the foundation of any legal system, playing a central role in the swift and effective delivery of justice. However, in Pakistan, the subordinate judiciary faces several issues, including corruption, delays in decision-making, excessive caseloads, and lack of judicial training. To understand and address these issues, we must analyze them from both a philosophical and legal perspective.
The Greek philosophers Plato and Aristotle regarded justice as a fundamental principle of human society. According to Plato, justice is a state in which every individual performs their role according to their abilities. In contrast, Aristotle linked justice to equality and legal fairness. If we apply these theories to Pakistan’s subordinate judiciary, it becomes evident that the true implementation of justice is only possible when all judicial institutions perform their responsibilities effectively. The shortage of judges, the complexity of the judicial system, and delays in verdicts contradict the principles of justice.
Muslim thinkers like Al-Farabi and Ibn Khaldun have extensively discussed the judiciary's role. Al-Farabi believed that an ideal society is one where justice is given utmost importance. He advocated for a judicial system where integrity and competence among judges were the foremost requirements. Ibn Khaldun identified the weakness of state institutions and judicial irregularities as major reasons for the decline of states. Examining Pakistan’s subordinate judiciary under these principles reveals that the failure to provide justice negatively impacts society, and a corrupt or ineffective judicial system weakens the state.
During the Golden Age of Islam, the judicial system in Spain (Andalusia) was highly robust. Ibn Rushd (Averroes), a great Muslim philosopher and judge, combined law with philosophy. According to him, legal interpretation and application must be based on rational principles. Similarly, European thinkers like Maria de Molina emphasized the stability of law. If Pakistan’s subordinate judiciary ensures accurate legal interpretation and effective implementation of laws, judicial issues can be resolved.
The French philosopher Montesquieu introduced the theory of separation of powers, which states that the judiciary should be independent and autonomous to make decisions free from government pressure. Rousseau, through his Social Contract Theory, emphasized a judicial system based on public interest. The challenges faced by Pakistan’s subordinate judiciary include a lack of judicial independence and public trust. If the judicial system is strengthened in light of Montesquieu and Rousseau’s theories, judicial autonomy and reforms can be enhanced. If Pakistan’s subordinate judiciary adopts these principles of justice, public trust can be restored, ensuring the provision of justice.
One of the major reasons for the increasing burden on the judiciary in Pakistan is the incompetence and ineffective conduct of government institutions. Bureaucratic sluggishness, flawed investigations, ineffective policymaking, and the failure of government institutions to resolve public issues lead to millions of cases being filed in courts. Various government departments fail to address citizens’ problems, forcing people to approach courts even for minor issues. Unnecessary complexities in matters such as land records, government jobs, pensions, and other basic affairs result in an increase in lawsuits.
Law enforcement and investigative agencies conduct substandard and flawed investigations, causing cases to drag on for years, ultimately benefiting the accused. As a result, innocent individuals get entangled in lawsuits, and valuable judicial time is wasted. Irregularities in land records alone lead to thousands of lawsuits. If the Revenue Department adopts modern technology and ensures transparency, the burden on the judiciary can be reduced. Civil cases in Pakistan often last for years or even decades. The primary reasons for this are lack of legal reforms and government negligence. If alternative dispute resolution (ADR) methods are promoted, judicial pressure can be alleviated.
Government institutions frequently ignore judicial orders, leading to the filing of even more lawsuits. If government agencies implement court rulings on time, the workload on the judiciary can be significantly reduced. Following the principles of Montesquieu and Murtaza Mutahhari, the judiciary must be free from administrative influence. In light of Ibn Rushd and Al-Farabi’s theories, judges should receive continuous training to enhance their legal interpretation skills. Ibn Khaldun's analysis emphasizes that corruption must be strictly eliminated to maintain the strength of state institutions. Reforms should be introduced to expedite judicial cases, following Rousseau and Aristotle’s principles. By adopting Spain’s judicial model, the legal system can be digitized to enhance transparency and efficiency.
To implement judicial reforms, it is essential to reduce the judiciary's workload while also incorporating modern technology, such as artificial intelligence (AI), to make judicial processes more transparent and effective. Without reforming the subordinate judiciary, the establishment of true justice in Pakistan is impossible.





























