Leadership For Pakistan
III. Rule Of Law
Introduction & Background.
Supremacy of the law is a fundamental concept in a constitutional democratic order. The rule of law is the underlying framework of rules and rights that make prosperous and fair societies possible. The rule of law is a system in which no one, including government, is above the law; where laws protect fundamental rights; and where justice is accessible to all. The rule of law presupposes the absence of wide discretionary authority in the rulers, so that they cannot make their own laws but must govern according to the established laws. Those laws ought not to be too easily changeable. Stable laws are a prerequisite of the certainty and confidence which form an essential part of individual freedom and security.
The rule of law is extremely weak in Pakistan The Pakistan justice system suffers from a many pitfalls with widespread prevailing corruption, inefficiency, political influences, inordinate delays, costly and prolonged litigation, frivolous law suits, critical loop holes enabling criminals and terrorists to escape from the hands of the law. Further to this the laws of the prevailing legal framework coined pre-partition by the English rulers to subjugate the ruled, do not comply with the current socio-political, economic and legal entities of the present independent and sovereign Pakistan and need urgent reforms.
The current situation in Pakistan is troublesome and most probably the worst in the 65 year´s history of the country. Domestic security is unfortunately deteriorating and the state is challenged by growing militancy and terrorism, which has already caused hundreds and thousands of casualties. This grave scenario is further intensified by an economic crises with higher cost of living and shortages of foods and basic necessities of life including increasing energy shortages.
While the rule of law covers many issues , some typical requirements under the rule of law in context to the complexity of problems that the nation faces today ,include assess to intelligible, clear and predictable laws and justice system. All laws should be equitable, easily accessible, fair, without inordinate delay and prohibiting costs, providing protection of fundamental human rights. Public representatives and Public servants must exercise restrainant and balanced power, and in good faith. Adjudicative state procedures should be fair and the state must comply its obligations to international law. The paramount of all is the necessity of a sustained and empowered independent Judiciary which is extremely important issue and a matter of survival for keeping Pakistan’s societal structure intact. If addressed properly, many of Pakistan’s other problems will also be resolved simultaneously.
The absence of rule of law has often been cited as key hurdle for good governance in Pakistan. It is a fundamental notion for a democratic process and development, though its advocacy and enforcement is not merely and exclusively the responsibility of the state. In fact all segments, institutions of the state and society need to come together to ensure as well as respect this essential dictum for upholding order, stability, tranquility and governance