Internal and External Judicial Accountability Machanism in Pakistan: A Balanced Approch

Abstract

In Pakistan, judicial accountability is one of the main issues of concern, especially because there is a need to reconcile judicial independence with the requirements of judicial transparency and the confidence of the public. This study will evaluate the framework of judicial accountability in Pakistan with particular attention given to the relationship between the internal disciplinary mechanisms of the courts and the demands for external supervision. Through an evaluation of the constitutional and legal bases of the superior and lower judiciary, including the Supreme Judicial Council (SJC) and the disciplinary systems controlled by the high courts, this study demonstrates that the prevailing national and international criticism of judicial accountability in Pakistan does not adequately consider Pakistan's constitutional sprit and the doctrine of separation of powers. Although it acknowledges several procedural shortcomings in the internal accountability processes of the judicial system such as the lack of clarity in these processes and the time taken in order to complete them, the study shows that external oversight of the judicial system in addition to stronger accountability may lead to the politicalization of the court and a loss of its independence. As a result of this research, it recommends that reforms should be made to the internal accountability processes of the judicial system in addition to the implementation of external control oversight upon the judicial system so as to provide a balanced form of accountability while preserving the constitutional autonomy of the judicial branch.