Pakistan’s rule of law and justice system faces unique challenges on the global stage. This article dives into Pakistan's standing in international rankings, examining ongoing reforms and obstacles.
The World Justice Project (WJP) is a globally recognized non-profit organization dedicated to advancing the rule of law worldwide. The organization annually publishes the Rule of Law Index, which provides a comprehensive assessment of the state of the rule of law in countries around the world. The 2024 Rule of Law Index evaluates countries based on factors like constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
Although Pakistan has achieved a nominal, i.e. only one rank, progress in the global ranking of the Rule of Law, unfortunately with the 129th rank in 142 countries, Pakistan has fallen far behind the world nations this year too.
The top Five Countries in the 2024 Rule of Law Index are Denmark, Norway, Finland, Sweden, and the Netherlands. The Five Lowest-Ranked Countries in the 2024 Rule of Law Index are Venezuela, Cambodia, Afghanistan, Haiti, and Myanmar (Burma).
In the South Asia region Sri Lanka has secured the top position with 75th rank in the 2024 Rule of Law Index. India standing79th, whereas Pakistan Ranked 129th and Afghanistan 140th across 142 Countries.
Overview of Pakistan
Let’s see what is the position of Pakistan in the global scale of the rule of law and justice.
According to the WJP Rule of Law Index 2024, out of a total of 142 countries, Pakistan’s global ranking is 129th. In 2023, Pakistan was ranked 130th. The ranking of 2024 shows that Pakistan has improved by one point, but it is ranked fifth out of six countries in the South Asia region.
In terms of law and order and security, Pakistan is the third worst country out of 142 countries as its global position is 140th out of 142 countries. In the region, Pakistan is the worst country in terms of law and order as it ranks 6th out of 6 countries in the region. Pakistan’s global position in the field of fundamental rights is 125th among 142 countries in 2024. Compared to other countries in the South Asia, Pakistan ranks fourth.
In terms of the absence of corruption, Pakistan stands at number 124 out of 142 countries.
In South Asia Pakistan is 2nd most corrupt nation. On the basis of the absence of corruption, the index shows that out of the 6 countries in the region, Pakistan is at the fifth position.
Pakistan is ranked 103rd in the global ranking in terms of constraints on the powers of the government and fourth compared to other countries in the region.
In the field of open government, Pakistan is ranked 106th in the world and fourth in the region.
In the field of criminal justice, Pakistan is ranked 98th out of 142 countries in 2024, while it is ranked 4th out of 6 countries in the region. Pakistan’s global position in providing civil justice is 128th and fourth in the region.
In the field of regulatory enforcement, Pakistan ranks 127th globally and 5th in the region.
According to the WJP Rule Of Law Index 2024, although a majority of countries (57%) experienced a weakening in the rule of law, there is a positive shift as the number of countries where rule of law is eroding has decreased for the third consecutive year. Particularly noteworthy is the improvement seen in the Absence of Corruption factor, with more countries showing progress rather than regression for the first time in five years. This year also saw a decrease in corruption levels in almost three-fifths (59%) of the countries assessed.
Furthermore, many countries have enhanced their criminal justice systems. Although civil justice declines have eased since the peak of the global pandemic, challenges in delivering prompt and impartial civil justice persist.
On the downside, authoritarianism is rising across various nations, resulting in setbacks in upholding human rights and democracy. The Rule of Law Index by WJP is a reputable source of unbiased data on the state of the rule of law internationally, utilizing meticulous methodologies that encompass expert opinions and public surveys from 142 countries and jurisdictions, representing 95% of the global population.
Countries like Myanmar, El Salvador, and Nicaragua exhibited significant declines in the rule of law, whereas Poland, Vietnam, and Sri Lanka demonstrated the most improvement in their scores from 2023 to 2024.
Rule of Law Situation in Pakistan
Pakistan has experienced challenges in upholding the rule of law, with concerns about judicial independence and government influence. The judiciary has faced pressure and restrictions from the government, impacting its ability to function effectively and impartially. The recent 26th amendment to the constitution has raised further concerns about the independence and authority of the Pakistani judiciary, potentially undermining its role as a check on government power.
Comparison with other South Asian Countries
Compared to other South Asian countries, Pakistan’s rule of law situation is mixed. While there have been efforts to improve judicial processes and legal frameworks, challenges remain in ensuring the independence of the judiciary, combating corruption, and protecting fundamental rights. India, Sri Lanka, and Bhutan have made strides in promoting the rule of law, while Afghanistan and Bangladesh face significant challenges in this area.
Reasons for Deterioration in Pakistan’s Rule of Law
The deterioration of the rule of law in Pakistan can be attributed to factors such as political interference in the judiciary, lack of accountability for corruption, limited access to justice for marginalized communities, and a slow and overburdened legal system.
Steps for Establishing Rule of Law
All of the stakeholders, legislators, judiciary, lawyers’ organizations, and politicians must work together to strengthen the rule of law and provide justice to the citizens of Pakistan. This can be achieved through reforms to increase judicial independence, enhance transparency and accountability, ensure access to justice for all, and strengthen the legal system to expedite the resolution of cases.
In conclusion, establishing a strong rule of law is crucial for upholding democracy, protecting human rights, and ensuring equal access to justice. It requires a collective effort from all segments of society to promote transparency, accountability, and the independence of the judiciary to build a just and fair society for all citizens.
(The author – Ghulam Mustafa Syed is a Karachi-based journalist)