EVEN though questions about the independence of the present judiciary continue to linger, Chief Justice Yahya Afridi’s plans to empower Pakistan’s district judiciary may be a promising step.

Speaking at a July 26 symposium, Justice Afridi described district courts as the “most precious jewel” of Pakistan’s judiciary. As the grassroots level of the justice system, they are often the first point of contact for citizens. This also means that they are the most overburdened component of the system. Perhaps this is why it was encouraging to see district courts being prioritised in the chief justice’s reform vision.

Recognising the emotional, psychological and institutional pressures faced by judges, particularly at the district level, the chief justice said he wished to place their well-being at the centre of his reform initiatives. At the same time, he spelt out the conduct he expected from district judges. They ought to be “diligent, disciplined, respectful, polite, humble and empathetic” towards citizens, so that “an aggrieved citizen may walk confidently into the court of a magistrate or a civil court in his own local town instead of being burdened to approach the high court or the Supreme Court for seeking redressal of his grievances”.

With respect to the superior judiciary, the chief justice seemed concerned about the allegations of extraneous pressure that have dogged the courts for the past many years. He said guidelines to protect judges from external pressures were being formulated for the higher courts, with the expectation that similar guidelines would also be introduced by the high courts at the district level.

He also proposed that the office of the chief justice of Pakistan should be involved in the response mechanism for “strong and unified institutional support”. These reform proposals seem well-intentioned, and the need for judicial independence has never been clearer. However, one would be amiss in not acknowledging the shadow of the 26th Amendment and the consequences it has entailed for the justice system.

At the moment, public faith in the judiciary appears to have hit a new low. The widespread perception is that the courts are unable to dispense justice without fear or favour. Every chief justice has, in recent years, attempted to reform their institution, but these efforts have failed to deliver a robust justice system for ordinary citizens.

While Chief Justice Afridi’s guidelines to counter extraneous influences are commendable, their success hinges on vigorous enforcement against powerful actors — a challenge past chief justices, too, could not fully surmount. Systemic issues like underfunding and staffing shortages also require government support, which seems to have turned increasingly conditional amid political tensions.

Therefore, while the chief justice’s vision to enable access to justice is laudable, without addressing deep-rooted flaws, its scalability remains uncertain.

Published in Dawn, July 28th, 2025