For a For a democratic nation like Pakistan, legal education and the constitution are the key pillars to protect the fundamental rights of the citizens.
In line with the international law standards, the Constitution of 1973 ensures access to justice in Pakistan at both public and private levels. Whereas legal institutions like the judiciary and PBC promote a legal education for justice that strengthens the rule of law.
This article delves into the importance of ”legal education and the constitution for justice in Pakistan.” We will examine 5 key ways they contribute to justice and identify the gap between their application and the reforms needed to improve the social mechanisms.
Importance of Legal Education in Strengthening the Rule of Law
Legal education in Pakistan plays a pivotal role in shaping the justice system of the country. The quality of knowledge has an ultimate effect on the judiciary and courts.
Legal literacy empowers the future advocates and civil society actors to promote justice, especially in rural areas. It helps them understand real-world scenarios, training them for courts and clinics.
Unfortunately, the Supreme Court of Pakistan (SC) has observed a lack of quality in legal education in Pakistan and its negative impact on access to justice. It has emphasized the need for strict educational policies in legal institutions to build authority in legal professionals.
As a solution, Pakistan Bar Council (PBC) has updated the rules of legal education for justice and provides a well-structured curriculum that enshrines both theory and practice. Such initiatives align legal education and the constitution for justice in Pakistan.
Embedding the Role of Constitution in Justice
The third constitution of Pakistan was passed in 1973, which defines the national legal standards of the country. It applies the principles of democracy and the rule of law that safeguard the basic rights of life.
Below is an organized overview of articles under the constitution of Pakistan that highlight the role of constitution in justice:
- Article 9, Right to Security: This article guarantees the right to liberty, emphasizing that no person can be deprived of their life under the law.
- Article 10A, right to fair trial: For the determination of civil rights, a person who has any criminal charges against him is accountable for a fair trial within a due time period.
- Article 11, Under-age employment: No child under 14 years should be legally allowed to be involved in hazardous jobs like factory or mine work.
- Article 15, Freedom of movement: Every citizen has a right to settle or move to any part of the country, unless a reasonable restriction is imposed by the law.
- Article 16, Freedom of assembly: Individuals are free to organize public gatherings or assemblies to perform any social activity.
- Article 17, Freedom of association: Citizens have the right to form a political party or association, unless they do not harm the integrity and morality of the law.
- Article 19, Freedom of speech: Citizens have the freedom to hold opinions and express them openly while maintaining decent boundaries.
- Article 20, Freedom of Religion: Individuals have the right to practice their religions, and discrimination based on religion is prohibited.
- Article 25, Equality for all: Under Article 25, all citizens are equal before the law, with no discrimination of gender, caste, or religion.
- Article 25-A, Right to Education: This right guarantees the free and compulsory provision of education to all children aged 5-16 years.
- Article 36: Rights of Minorities: Non-Muslims are free to practice their religious activities and maintain their places of worship.
Training Legal Professionals to Defend Human Rights
Legal education is a significant factor in producing capable advocates for protecting human rights in Pakistan.
The current education system, nevertheless, focuses on theory rather than practice, which creates a visible gap between legal standards and the application of law. Most law courses do not train graduates for court procedures, client handling, and trial advocacy.
In order to fill this gap, the Higher Education Commission (HEC) and the Pakistan Bar Council (PBC) must include clinical legal education, internships, and moot court programs for real-time experiences.
This approach reinforces legal education and the constitution for justice in Pakistan as the foundation of a fair legal system.
Providing a Legal Framework for Accountability
A strong legal framework depends on the combined strength of the constitution and a legal education system. They complement each other to provide checks and balances in institutions such as the judiciary, and parliament.
The constitution sets the stage for accountability, defining the functions and boundaries for state institutions. The judiciary ensures that no institution exercises its powers beyond the constitutional provisions. And to make the whole system work, legal education in Pakistan holds significant value in training the lawyers to uphold constitutional ideals.
The two most important institutes oversee this system. The Higher Education Commission (HEC) ensures that our legal studies meet the national and international standards. The Pakistan Bar Council (PBC), under the Bar Councils Acts (1973), implements the standards for legal education and human rights. For instance, the PBC Legal Education Rules in 2015 extended the duration for a law degree to 5 years to have an extensive training period.
By enhancing the legal education and the constitution for justice in Pakistan, we can move toward a more equitable society.
Driving Reforms for a More Just Society
Justice is not only a constitutional right in Pakistan, but it is also a religious and moral duty. The Holy Quran teaches its firm believers to protect justice, even if it is against their family and relatives (Verse 135). In Pakistan’s law, this duty is enshrined in both constitutional provisions and legal educational reforms.
Constitutional Reforms for Justice
Major reforms of the 1973 Constitution of Pakistan should strengthen the constitutional safeguards for human rights.
- Separation of powers—a balance between the powers of the executive, legislature, and judiciary to ensure that no institution overpowers the others.
- Judicial Review—checks governmental actions and enables courts to overturn unconstitutional laws that no longer support the system.
- Access to Justice—inexpensive access to justice for those individuals unable to afford legal representation.
Legal Education Reforms
New Supreme Court rulings have raised the standards of legal education for justice.
For instance, the Pakistan Bar Council, under the Bar Council Acts (2015), made a 5-year law degree mandatory to pursue the legal profession. Such reforms aim to produce better advocates, who protect human rights by ensuring fair trials.
Together with targeted legal education reforms and constitutional safeguards for human rights enshrined in law, the path to an open, accountable, and fair society is laid.
Conclusion
Legal education and the constitution for justice in Pakistan are relevant not only for lawyers but also for political leaders, human rights activists, and jurists. Both of them work hand-in-hand to guarantee equal rights for all citizens in all aspects of life.
However, these assurances mean little without effective implementation. A long-term commitment from the bar and policymakers would strengthen the Supreme Court’s initiatives for reform.
