By Faizan Rawat 

The establishment of constitutional courts has become a pressing need in Pakistan. In the current political and constitutional context, these courts can provide legal, political, and institutional stability.

Many countries have strengthened their judicial systems through constitutional courts, and Pakistan must learn from their examples. These courts will promote transparency, protect human rights, and ensure the supremacy of the Constitution. The Need for Constitutional Courts - Resolving Political and Constitutional Crises: - Pakistan often faces political and constitutional disputes between government institutions. These courts will offer quick and impartial resolutions to prevent crises from escalating.

- Reducing Burden on the Judiciary: - The Supreme Court and high courts are overburdened with cases. Constitutional courts will distribute the workload, ensuring timely decisions. - Strengthening Democracy and Power Balance: - These courts will maintain a balance between the legislature, judiciary, and executive, preventing institutions from exceeding their constitutional limits. Benefits of Constitutional Courts - Protection of the Constitution: - Constitutional courts will ensure that all laws and government actions align with the principles of the Constitution. - Judicial Review: - These courts will have the authority to review government policies and laws, ensuring unconstitutional actions are invalidated. - Resolving Federal and Provincial Disputes: - They will efficiently address disputes between the federal and provincial governments, ensuring provincial autonomy. - Transparency and Impartiality: - Transparent court operations and non-partisan judicial appointments will restore public trust in the judiciary. Human Rights Protection: - These courts will safeguard citizens’ fundamental rights and provide quick justice against any violation. Transparent Appointment and Operations - Appointment through a Neutral Commission: - Judges must be appointed by an independent commission consisting of legal experts and senior judges to avoid political influence. - Freedom from Political and Institutional Interference: -

Judicial appointments must be free from political and institutional involvement to ensure the courts’ impartiality. Jurisdiction at the Federal and Provincial Levels: - Federal constitutional courts will handle national-level issues, while provincial courts will resolve regional constitutional matters. Timely Decisions: - Deadlines should be enforced for resolving cases to avoid delays in justice delivery. Building Public Trust and Awareness: - Public awareness campaigns will highlight the importance of these courts and increase citizens’ confidence in the judicial system. Successful Examples of Constitutional Courts Worldwide Germany: The Federal Constitutional Court ensures the supremacy of the Constitution and resolves complex legal disputes effectively. South Korea: South Korea’s constitutional court has been instrumental in protecting human rights and strengthening democracy. Turkey: Turkey’s constitutional court ensures that state institutions adhere to constitutional boundaries. Italy: Italy’s constitutional court reviews the constitutionality of laws and government actions, ensuring accountability. Conclusion: The establishment of constitutional courts in Pakistan is essential for stability, democracy, and the rule of law. Learning from global examples, Pakistan needs to implement a transparent, impartial, and independent judicial system.

With timely decisions, non-partisan appointments, and freedom from political influence, these courts will restore public trust in the judiciary and set Pakistan on a path toward economic, legal, and political stability.