Functions of judiciary

Major functions of judiciary are: decision of disputes, interpretation of laws, protection of fundamental rights of the citizens, protection of the Constitution and so on. Many a time the courts perform the role of legislature. If the law is not clear or it does not cover the case, the judge decides the meaning of the law or creates new law. He adds flesh and blood to the dry bones of laws by his interpretations ar. judgments. In this way flaws are removed and gaps of the original Constitution are filled. Common sense does play an important role and helps a judge to reach a decision correctly. Such decisions become precedents for other judges. These precedents are judge-made laws.

Judiciary also performs advisory functions. The legislature can seek the judiciary’s advice when framing laws. Very recently a suggestion has been made to the President to seek expert advice from the Supreme Court regarding the legislation. It will not be wrong to say that where the executive fails, the judiciary makes the mare go. The judiciary has taken on itself a new role and that is it directs the executive to do this thing and not to do that thing. Things that influence day- to-day life of the citizens have attracted the attention of the judiciary. This has certainly laid extra burden on the courts. All this has made the independence of the judiciary all the more essential. The Court has started giving warnings to the executive either to do this thing in the welfare of the people or face consequences. Recently, the Lahore High Court series notice of forced kidney transplantation. Some people call it Judicial Activism. But this activism has proved that independence of judiciary can do anything. It can make the nation and its absence can mar it no alternative.

The noted jurist and former Attorney General opines that democracy was not heading in the right direction in Pakistan and if it were not for an independent judiciary it would have disappeared a long time ago. Isn’t it sufficient to tell the importance of an independent judiciary? Appointment of the judges would be on the basis of merit. For a civilized living independent judiciary is all essential.