1. Responsibility for Justice:
- The primary responsibility for ensuring inexpensive and expeditious justice lies with the State, as defined in Article 7 of the Constitution, which includes the federal and provincial governments, legislative bodies, and other authorities.
- The judiciary, while playing a crucial role, cannot function effectively without the support of the legislature and the executive. The judiciary’s role is to decide cases in accordance with the Constitution and law, but if the law itself is flawed or unfair, it becomes challenging for the courts to protect the rights of the people.
2. Role of the Legislature:
- The legislature is responsible for enacting laws that are fair and represent the interests of the common people. However, there is criticism that lawmakers often fail to consider the impact of laws on the common populace, particularly marginalized groups like women.
- The lack of amendments to the Constitution aimed at advancing the rights of ordinary people is highlighted, with most amendments serving other interests.
3. Role of the Executive:
- The executive’s support is vital for the judiciary to fulfill its role. The judiciary is under-resourced, with a low judge-to-population ratio and inadequate budget allocation, which hampers the delivery of justice.
- The text argues for increased financial resources for the judiciary to enhance the capacity and quality of the lower courts, which handle the majority of cases.
4. Judicial Activism:
- Judicial activism is discussed as a tool for the judiciary to address socio-economic issues and protect the rights of people, especially when the legislature and executive fail to do so.
- The interpretation of Article 9 (right to life) by the Supreme Court in the Shehla Zia case is presented as a landmark example of judicial activism, where the Court expanded the scope of the right to life to include socio-economic rights.
- The role of Public Interest Litigation (PIL) is emphasized as a means for the judiciary to address public grievances and ensure the enforcement of fundamental rights.
5. Challenges and Recommendations:
- Despite judicial activism, the socio-economic conditions of the common people in Pakistan have not improved significantly. Issues like pollution, poverty, illiteracy, and poor law enforcement persist.
- The judiciary is encouraged to continue using judicial activism and innovative interpretations to bring about positive changes. However, it is acknowledged that the judiciary is not a substitute for the legislature or executive and should work in tandem with these branches to ensure justice.
6. Conclusion:
- The judiciary must not overstep its role but should hold the legislature and executive accountable for fulfilling their constitutional duties. The text calls for a more proactive judiciary that can address the needs of the people while ensuring that the other branches of government also meet their obligations.
The document is a compelling argument for a more robust judicial role in ensuring justice and protecting fundamental rights, especially in the context of Pakistan’s socio-political environment.