Impact of Power Unification and Simultaneous Interpretation by Superior Judiciary: A Critical Analysis

Abstract

The dearth of specialized constitutional court(s) in Azad Jammu and Kashmir and Pakistan places an unnecessary strain on the superior judiciary in both the regions. The interpretation of statutes and constitutional interpretation constitute two distinct processes with various considerations and approaches. However, the judges of superior courts of Pakistan and AJ&K have to interpret both statutes and the constitution which makes their work more difficult and reduces the effectiveness of the courts. Besides, conflicts of interest arise from judges' dual responsibilities in supreme judicial councils, thereby rendering it challenging to impartially implement judicial conduct standards. Moreover, the natural justice notion has been compromised by the manner in which contempt of court proceedings are handled because the judges of the superior courts serve as both prosecutors and complainants, in matters related to the contempt. The constitutions of both regions provide the superior judiciaries with considerable amounts of authority which imposes more responsibility and more pressure on judges. Thereby, this research is dynamic considering a descriptive and analytical approach to examine the powers of superior courts in both areas. This work also suggests the establishment of separate constitutional court(s) to deal only with constitutional and ancillary matters to it, while offering an overall framework for improving fairness and effectiveness in the higher judiciary of Pakistan and AJ&K.