Exploring the Evolution of Public Interest Litigation in Pakistan: From Origins to Present-day Challenges through Critical Legal Theory
Abstract
Public Interest Litigation (PIL) stands as a legal remedy initiated in a court of law to ad-15 dress matters influencing public or communal rights and liabilities. PIL ensures fair and impartial 16 access to justice for all citizens, facilitating the protection and enforcement of fundamental human 17 rights. The origins of public interest litigation in Pakistan can be traced back to the late 1980s, 18 prompted by widespread infringements on fundamental rights by public authorities, compelling 19 the courts to take an active role under Articles 8-28, 184(3), 199, and 187(1) of the Constitution of 20 1973 of the Islamic Republic of Pakistan. This intervention was intended to protect the ordinary 21 citizens of Pakistan from inefficient, corrupt, inept, and ineffective public officials but the existing 22 backlogs of cases within the legal system presents a substantial challenge in ensuring PIL matters. 23 This impedes timely justice delivery and hampers the effectiveness of PIL in addressing urgent so-24 cietal concerns. Therefore, this study is designed to examines the historical trajectory, current status, 25 and potential evolution of PIL within the legal framework of Pakistan in addressing public concerns. 26 It scrutinizes past experiences that have influenced the course of PIL in the country, emphasizing 27 pivotal cases and legal developments. The findings of this study shown both the significance and 28 challenges of Public Interest Litigation within Pakistan's legal landscape. In the past legal frame-29 work, the empowerment of ordinary citizens to hold public authorities accountable was impeded 30 by potential political and administrative interference in PIL cases. Despite its significance, the pre-31 sent status also underscores concerns regarding judicial backlogs, delays, and resource limitations, 32 which adversely impact the expeditious resolution of PIL cases. Therefore, addressing these issues 33 is crucial for further enhancement and the improved effectiveness of PIL.
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