The rule of law simply means supremacy of law, equity before law, and predominance of the legal spirit. Every successful country is only based on its administration of the rule of law. The country, with its absence or inadequate rule of law, bears the economic and other crises. As Pakistan is the worst country in the South Asian region in terms of implementation of the rule of law, according to the World Justice Project’s (WJP) rule of law index, Pakistan ranked 129 out of 140 in 2021 surveys, and in the recent index, it fell further to 137, which is much comparatively low compared to its neighbour India, which ranked 77 out of 140.[1]<\/sup><\/a><\/p>\n According to Professor A.V. Dicey The rule of law is the absolute supremacy or superiority of the regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness.<\/p>\n The rule of law has been derived from the French phrase “le principe de legalite,” i.e., government based on the principles of law. No one is above the law.<\/p>\n Incompetent people in power are the big challenge to keeping the rule of law administered properly. Since independence until now, Pakistan has faced leadership crises, proper reforms in laws, and their implementation. Lack of legal education and public legal awareness among the citizens becomes the major challenge to the rule of law in India and Pakistan. Due to a lack of these elements, Pakistan ranks 137 out of 140 countries. On the other hand, India faced challenges in protecting the rights of minorities and raising public awareness regarding their fundamental rights provided by the constitution.<\/p>\n Pakistan does not meet most of the requirements of the rule of law; things may be improving, but at a very slow pace. Pakistan does not meet the following requirements:<\/p>\n The law must be accessible and, as far as possible, understandable, clear, and predictable. Unfortunately, this rule of law requirement is not met in Pakistan. The laws in Pakistan lack clarity. They are still couched in the colonial English system, and their sentence structure is hard to grasp even for a lawyer.<\/p>\n Another requirement of the rule of law is that there should be an independent judiciary. When people talk about an independent judiciary, they often refer to the higher judiciary, i.e. the High Courts and the Supreme Court. However, our analysis will also include the lower judiciary. I believe, and statistics and social experiments also tell us, that there is no independent judiciary in Pakistan. Montesquieu says that any punishment that does not arise from absolute necessity is tyrannical. Unfortunately, our courts have become instruments of tyranny instead of guardians of the rights of the weak against the powerful.<\/p>\n Another aspect of the rule of law is that means must be provided for resolution without undue cost or delay. All case reduction principles, i.e., case management, cost award, ADR, etc., exist only on paper and not in practice, so I will end this paragraph with a common expression prevalent among litigants in our culture, which is: \u201cGod save us from two things: courts and hospitals.”<\/p>\n Yes, the rule of law is quite better in India than Pakistan. According to the 2021 World Justice Project Index report, Pakistan ranks 129 out of 140 countries in rule of law, while India ranks 79. In the recent WJP report, Pakistan performs badly in protecting the rule of law and ranks 137, while India makes progress and stands at 77. Recent events such as the illegal detention of Senator Azam Sawati, MNA Shahbaz Gill, and other senior journalists became the main reason for the downfall of Pakistan’s rule of law worldwide. Another reason is the following:<\/p>\n The rule of law is the foundation on which the United Nations is built. It is the basis of peace and stability on the international stage. All states in the General Assembly have an obligation to comply with the Charter of the United Nations and the wider body of international law. All member states are expected to be subject to these laws, apply them in their international relations, and be equal before them. The work to ensure this basic principle is the essence of our work to promote the rule of law at the international level.<\/p>\n The United Nations also promotes the rule of law in member states by supporting the development of norms, social practices, and institutions that ensure the independence of the main administrative institutions. This strengthens the decision-making processes to which political leaders are subject by limiting the arbitrary exercise of political power. This is particularly important in post-conflict situations to consolidate and build on a political settlement.<\/p>\n It is also important to consider how the rule of law reaches far beyond laws and courts. By enforcing the rule of law, which is equally applicable to all without discrimination, the rule of law provides political and economic opportunities for all members of society. It empowers people by giving them the right to access public services, thereby holding state entities accountable for providing those services. The rule of law also strengthens mechanisms that promote and protect universal human rights. As such, strengthening the rule of law creates both opportunity and justice and ultimately helps create better conditions for broader state and UN accountability.<\/p>\n As a result of our detailed analysis, we concluded that no country can progress through ignorance of the rule of law. The rule of law provides equal opportunities for all members of society. The rule of law has great importance at the international level. The United Nations (UN) is only successful in keeping the rule of law. But Pakistan is performing badly in abiding by the rule of law. The challenges that Pakistan is facing, i.e., incompetent people in power, lack of proper reforms in the law, slow and prolonged trials, lack of legal awareness among the public, and absence of transparency in justice, become the main reasons for the absence of the rule of law. On the other hand, India and other neighbours perform well in ensuring transparency in the rule of law, which is why they are good at international ranking.<\/p>\n https:\/\/storyofpakistan.com\/rule-of-law\/<\/a><\/p>\n https:\/\/courtingthelaw.com\/2017\/09\/12\/commentary\/the-concept-of-rule-of-law-and-whether-pakistan-fulfills-its-requirements\/<\/a><\/p>\n https:\/\/www.britannica.com\/topic\/rule-of-law\/Challenges-to-the-rule-of-law<\/a><\/p>\n https:\/\/www.ijlmh.com\/paper\/rule-of-law-a-comparative-analysis-of-india-and-pakistan\/#<\/a><\/p>\n [1]<\/sup><\/a> https:\/\/worldjusticeproject.org\/rule-of-law-index\/country\/2022\/Pakistan\/Order%20and%20Security\/<\/a><\/p>\n [2]<\/sup><\/a> https:\/\/blog.ipleaders.in\/rule-of-law-2\/#Rule_of_law_in_India<\/a><\/p>\n [3]<\/sup><\/a> https:\/\/byjus.com\/free-ias-prep\/rule-of-law-upsc-notes\/<\/a><\/p>\n [4]<\/sup><\/a> https:\/\/worldjusticeproject.org\/our-work\/wjp-rule-law-index\/special-reports\/rule-law-pakistan<\/a><\/p>\nWhat is rule of law<\/strong><\/h2>\n
Origin and background history<\/strong><\/h3>\n
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Exception to rule of law<\/strong><\/h3>\n<\/li>\n<\/ul>\n
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Challenges to the rule of law in India and Pakistan<\/strong><\/h2>\n
Does Pakistan meet the rule of law requirement?<\/strong><\/h2>\n
i) Availability and clarity of law<\/strong><\/h3>\n
ii) Independent Judiciary<\/strong><\/h3>\n
iii) Civil law solution without prohibited costs<\/strong><\/h3>\n
Is rule of law better in India than Pakistan?<\/strong><\/h2>\n
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Importance of rule of law on international level<\/strong><\/h2>\n
Conclusion <\/strong><\/h2>\n
References\u00a0\u00a0\u00a0 <\/strong><\/h3>\n