Paper Justice vs. Real Justice: A Critical Inquiry into the Gap Between Law on the Books and Law in Practice in Pakistan

Abstract

The divide between “paper justice” and “real justice” represents one of the most enduring challenges within Pakistan’s judicial landscape. Although the Constitution of Pakistan guarantees fundamental rights, due process, equality before law and access to justice, the lived reality for most litigants remains shaped by institutional delays, procedural rigidity, systematic bottlenecks and socio-economic inequalities. This article critically examines the structural, procedural and socio-political factors that contribute to widening the gap between the normative legal framework and practical justice delivery in Pakistan. Employing doctrinal analysis and drawing upon judicial statistics, academic research and criminological perspectives, the study highlights how the justice system, while robust in its constitutional architecture, often fails to translate these ideas into meaningful outcomes for ordinary citizens. The inquiry explores systematic delay, judicial overload, policing inefficiencies, outdated procedural laws, lack of forensic capacity, barriers to legal aid and the entrenched influence of power and privilege. It also analyzes the disconnect between statutory promises and ground realities in criminal investigations, bail practices, women’s access to justice, juvenile justice and constitutional litigation. The paper argues that justice reforms in Pakistan remain largely cosmetic and rhetoric-driven, perpetuating a culture of “paper compliance” rather than genuine institutional transformation. To bridge the gap, the article proposes a multi-layered reform framework grounded in judicial modernization, evidence-based policy making, enhanced accountability, community-based justice mechanisms, and technological integration. The study concludes that real justice cannot emerge unless institutions internalize constitutional values and implement an enforceable, citizen-centered justice model.