Daily Times

The Senate Standing Committee on Law and Justice recently approved a bill to increase the number of Supreme Court judges from 17 to 25. The government has proposed this as a solution to alleviate the mounting backlog in the Supreme Court, where nearly 60,000 cases await resolution. High courts and lower courts across Pakistan are similarly overloaded, with cases dragging on for years, often spanning generations. While the bill has gained support from the government, opposition parties like PTI and JUI have raised concerns. Yet the larger question remains: will increasing the number of judges solve the core issue, or is a more systemic approach needed?

The case backlog in Pakistan’s judiciary is indeed concerning, but the solution does not lie in simply appointing more judges. Rather, addressing root causes could prevent excessive case accumulation. The judicial system must adopt a multi-pronged approach, including discouraging frivolous litigation, which clogs the system with avoidable cases. Often, minor grievances escalate to the courts, leading to an unnecessary burden. By instituting stricter requirements and penalties for frivolous cases, the courts could significantly reduce the volume of pending cases.

Another major factor contributing to delays is the frequent adjournment of hearings requested by lawyers, who sometimes use deferments as a tactic rather than a necessity. This approach not only wastes judicial time but also delays justice for parties who are left in limbo. Judges should be empowered to limit deferments, allowing only genuine requests for rescheduling and penalising unwarranted delays. Swift and efficient scheduling of cases would also help expedite the judicial process without necessarily expanding the number of judges. Steps must be taken to fill existing vacancies at all court levels, ensuring that the judiciary functions at full capacity. Improving the infrastructure for high courts and lower courts, as well as filling all vacant positions promptly, would prevent congestion from escalating to the Supreme Court. Since the recent 26th Constitutional Amendment has restructured the judge appointment process, authorities should ensure that the relevant committee is in consensus, appointing only the most capable judges who can address case backlogs efficiently.

Instead of focusing on sheer numbers, Pakistan’s judicial system needs procedural reforms to increase efficiency and accountability. It’s not the quantity but the quality of justice that matters. The judiciary and legislature should prioritise comprehensive reforms that tackle root issues rather than relying on short-term solutions like increasing judge numbers, which may ultimately prove ineffective in addressing Pakistan’s deep-seated judicial challenges. *