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Revisiting role of the Supreme court in the dispensation of Justice

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By Sardar Khan Niazi

There is a widely shared conception of justice that is universally recognized: that every individual should receive what is rightfully due. Yet in our civilizational tradition, justice carries a deeper meaning. It is not merely about the distribution of rights. Justice is achieved when everything is placed where it belongs and when institutions function within their proper sphere. When things remain in their rightful order, there is justice. When that order is disturbed, injustice follows.Seen in this light, one could argue that Pakistan’s Supreme Court has finally begun returning to its proper place. That, in itself, is a form of justice.At first sight, the creation of a Constitutional Court may appear to have reduced the powers of the Supreme Court. In reality, the opposite is true. To mistake the distribution of responsibilities for a loss of authority is to misunderstand the purpose of institutional reform. What has taken place is an administrative and structural adjustment that allows the Supreme Court to concentrate more fully on the responsibilities for which it was originally designed.In this regard, Chief Justice of Pakistan Justice Mr. Justice Yahya Afridi deserves considerable credit. He chose to place the institution above the office and the future above the present. Rather than focusing on the immediate powers attached to his position, he looked to the long term needs of Pakistan’s justice system. He did not seek to maximize authority in his own hands. Instead, he recognized that a balanced, durable, and efficient judicial structure would serve the country far beyond the tenure of any individual office holder.That kind of thinking is rare. It requires the ability to rise above personal considerations and think in terms of institutions, the nation, and the state. Honorable Justice Yahya Afridi has demonstrated precisely that quality. He has shown a willingness to think beyond himself and focus on what is best for the judiciary and the country as a whole.For years, the Supreme Court carried an enormous burden. Political disputes, constitutional petitions, criminal appeals, public interest matters, and a host of other cases converged on a single institution. Inevitably, a significant portion of the Court’s time and energy was consumed by political controversies and constitutional crises.The new arrangement offers the Supreme Court an opportunity to focus more directly on matters that affect the everyday lives of citizens. This is where judicial reform acquires real meaning. Courts fulfill their highest purpose not when they dominate political headlines, but when they provide timely and effective justice to ordinary people.Today, things appear to be falling back into place. The Supreme Court is no longer at the center of daily political drama. Instead of generating headlines, it is increasingly associated with judgments and the administration of justice. Those who understand institutions will appreciate the significance of that distinction.Judicial activism has always carried its own complications. Bringing it back within defined constitutional and institutional boundaries was never going to be easy. It required vision, restraint, and a willingness to prioritize the long term credibility of the institution over short term considerations.The average Pakistani is not concerned with constitutional disputes between political parties. What matters is access to timely justice. Land disputes, commercial disagreements, employment matters, criminal cases, and countless other legal issues affect the daily lives of millions. When the Supreme Court is able to devote greater attention to such matters, the principal beneficiary is the ordinary citizen.Another positive consequence of the new arrangement is the reduction of political pressure on the Supreme Court. In the past, almost every political crisis eventually landed before the Court. Politicians routinely shifted their battles from parliament and the public arena into the courtroom, placing the judiciary at the center of political debate. The Court can now perform its duties with greater institutional calm, something essential for the credibility and dignity of any apex court.Across the world, the strength of a supreme court is not measured by the concentration of power in its hands. It is measured by institutional stability, legal expertise, and public confidence. The Supreme Court’s true role is to develop legal principles, guide the judicial system, and ensure the effective delivery of justice. The current arrangement has made that role clearer and more focused.The relevance and effectiveness of any institution are not determined by how many powers it possesses. They are determined by how wisely and effectively those powers are exercised. Pakistan’s Supreme Court appears to be moving in that direction. If this continues, history may remember this period not as an era of divided powers, but as a moment when Pakistan’s justice system was reorganized, institutional balance was restored, and the judiciary entered a more mature phase of its evolution.

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Revisiting role of the Supreme court in the dispensation of Justice

Link copied!

By Sardar Khan Niazi

There is a widely shared conception of justice that is universally recognized: that every individual should receive what is rightfully due. Yet in our civilizational tradition, justice carries a deeper meaning. It is not merely about the distribution of rights. Justice is achieved when everything is placed where it belongs and when institutions function within their proper sphere. When things remain in their rightful order, there is justice. When that order is disturbed, injustice follows.Seen in this light, one could argue that Pakistan’s Supreme Court has finally begun returning to its proper place. That, in itself, is a form of justice.At first sight, the creation of a Constitutional Court may appear to have reduced the powers of the Supreme Court. In reality, the opposite is true. To mistake the distribution of responsibilities for a loss of authority is to misunderstand the purpose of institutional reform. What has taken place is an administrative and structural adjustment that allows the Supreme Court to concentrate more fully on the responsibilities for which it was originally designed.In this regard, Chief Justice of Pakistan Justice Mr. Justice Yahya Afridi deserves considerable credit. He chose to place the institution above the office and the future above the present. Rather than focusing on the immediate powers attached to his position, he looked to the long term needs of Pakistan’s justice system. He did not seek to maximize authority in his own hands. Instead, he recognized that a balanced, durable, and efficient judicial structure would serve the country far beyond the tenure of any individual office holder.That kind of thinking is rare. It requires the ability to rise above personal considerations and think in terms of institutions, the nation, and the state. Honorable Justice Yahya Afridi has demonstrated precisely that quality. He has shown a willingness to think beyond himself and focus on what is best for the judiciary and the country as a whole.For years, the Supreme Court carried an enormous burden. Political disputes, constitutional petitions, criminal appeals, public interest matters, and a host of other cases converged on a single institution. Inevitably, a significant portion of the Court’s time and energy was consumed by political controversies and constitutional crises.The new arrangement offers the Supreme Court an opportunity to focus more directly on matters that affect the everyday lives of citizens. This is where judicial reform acquires real meaning. Courts fulfill their highest purpose not when they dominate political headlines, but when they provide timely and effective justice to ordinary people.Today, things appear to be falling back into place. The Supreme Court is no longer at the center of daily political drama. Instead of generating headlines, it is increasingly associated with judgments and the administration of justice. Those who understand institutions will appreciate the significance of that distinction.Judicial activism has always carried its own complications. Bringing it back within defined constitutional and institutional boundaries was never going to be easy. It required vision, restraint, and a willingness to prioritize the long term credibility of the institution over short term considerations.The average Pakistani is not concerned with constitutional disputes between political parties. What matters is access to timely justice. Land disputes, commercial disagreements, employment matters, criminal cases, and countless other legal issues affect the daily lives of millions. When the Supreme Court is able to devote greater attention to such matters, the principal beneficiary is the ordinary citizen.Another positive consequence of the new arrangement is the reduction of political pressure on the Supreme Court. In the past, almost every political crisis eventually landed before the Court. Politicians routinely shifted their battles from parliament and the public arena into the courtroom, placing the judiciary at the center of political debate. The Court can now perform its duties with greater institutional calm, something essential for the credibility and dignity of any apex court.Across the world, the strength of a supreme court is not measured by the concentration of power in its hands. It is measured by institutional stability, legal expertise, and public confidence. The Supreme Court’s true role is to develop legal principles, guide the judicial system, and ensure the effective delivery of justice. The current arrangement has made that role clearer and more focused.The relevance and effectiveness of any institution are not determined by how many powers it possesses. They are determined by how wisely and effectively those powers are exercised. Pakistan’s Supreme Court appears to be moving in that direction. If this continues, history may remember this period not as an era of divided powers, but as a moment when Pakistan’s justice system was reorganized, institutional balance was restored, and the judiciary entered a more mature phase of its evolution.

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Your email address will not be published. Required fields are marked *