JUDICIARY AND GOOD GOVERNANCE

The Executive, Legislature, and Judiciary are the three organs of the State. The
Executive executes the Laws, Legislature makes the laws and the Judiciary plays the
vital role to interpret the law as well as in adjudication. Keeping an eye as a check tool
over the entire system of administration, especially when a law enacted by Executive
should not be taken away the fundamental rights bestowed upon the citizens.
As the executive authority take the decision and make a law and implement it for good
governance.
There is no settlement on the characterization of good governance. All the definitions,
however, have some common rudiments which make it possible for us to make a
structure of good governance.
UNDP has defined governance as under: "Governance is viewed as the exercise of
economic, political and administrative authority to manage a country's affairs at all
levels. It comprises mechanisms, processes and institutions through which citizens and
groups articulate their interests, exercise their legal rights, meet their obligations and
mediate their differences".
In the words of the World Bank, the governance is defined as the method in which the
power is exercised in management of a country's economic and social resources. The
World Bank has identified three aspects of governance:
(i)

Form of political regime;

(ii)
The process by which the authority is exercised in the management of a
country's resources for development;
(iii)

The capacity of government to formulate and implement policies.

The term Judicial Activism has been defined differently by legal scholars. In order to
arrive at a conclusion it would be significant to refer different legal sources. In the
Harper Collins Dictionary of American Government and Politics, the term Judicial
Activism has been defined as the making of new public policies through the decision of
judges.
Blacks Law Dictionary defines it as a philosophy of judicial decision making whereby
the judges allow their personal views about public policy, among other factors, to guide
their decisions....
1.
The theory of good governance, which includes rule of law, accountability, human
rights, sustainable economic and social development have developed over a period of

time and illustrate heavily on the Islamic teachings, the thoughts of the Greek
philosophers as well as the growth of the British judicial system.

2.
Judiciary has played a very important role in the growth of this concept and need
of good governance.
3.
In Pakistan the superior judiciary notwithstanding having faced some patches of
complex periods has upheld the principles of good governance. In landmark judgments
the Supreme Court have pronounced that every act of executive authority had to be
judged on the touch stone of legality and decorum and also that the jurisdiction to
decide wrongly simply did not exist.
4.
Steps are called for towards eliminating the perceptions of corruption in lower
level judiciary and delays in going through all levels of judiciary.
5.
That superior judiciary in Pakistan has a signal contribution in ensuring
faithfulness to rule of law, respect for fundamental rights, merit, curbing maladministration and for these reasons warrants a vote of thanks by all the participants.
Despite a Constitutional form of government which stands for rule of law and protects
the rights of citizens the Pakistani democracy has not been competent to remove the
exploitation and favouritism against the poor. Although there have been several
legislative efforts but due to their poor implementation they couldn't produce the
required results. The government has not been able to ensure the economic and social
well-being of its citizens. The poorer economic conditions have led to economic
exploitation of poorest elements of Pakistani people. The people are forced to work at
low wages, employ their children to increase their income and engage in bonded labour.
Millions are denied survival wages despite the minimum wage act on the Statute.
Children still work, in carpet weaving or .glass factories and serve as domestic help
despite laws against child labour.
Perhaps the most important one, because it underlies all the others - is good
governance. Not just effective or efficient governance, but good governance: that
system of rules, rule-making, and rule-enforcement that regulates the performance of
people and standard of society, upholds the law, and delivers timely justice to all equally and fairly.
Many factors contribute to building and maintaining good governance. These include,
among others, a Government that follows the rules and makes no exceptions; a
legislature that focus on its core mandate of adopting wise laws; regulators that are not
swayed by special interests; independent auditors that properly review public accounts;

a bureaucracy that proudly and professionally serves the public, and private sector that
respects and obeys the law.
Of many factors, a judiciary that holds the law above everything ... and everyone ... is
indispensable. Good, consistent jurisprudence based on law, as well as predictable and
time-efficient resolution procedures are necessary for that sense of predictability,
transparency, and accountability.
At a very fundamental level, people need to know their individual rights will be upheld
even against the most powerful authorities. An independent judiciary with integrity can
do this; apply the law fairly and dispassionately, without regard to the personalities or
powers involved. A strong judiciary, with the power to review acts of Government, can
protect the citizenry from unlawful acts of Government and hold government officials
accountable for their graft, corruption, and abuse of power; and do so in a timely
manner. For the poor and powerless, especially, procedures can spell the difference
between 7 years of life lost to incarceration for a crime not committed, and 7 years of
building a solid career or watching a child grow up. Thus, we need to approach reforms
with an eye to improving access to justice for the poor.
We recognize that these challenges can be more effectively met when there are
constitutional and operational guarantees of judicial independence; when sufficient
financial resources are predictably and transparently provided to the judiciary; when
competent judges are transparently appointed, assured security of tenure and provided
a living wage; when judgments can be rendered, enforced, and reviewed without danger
to the person, family, or property of the judges; and when discipline within the bench
itself is subject to the rules of due process.
Under this philosophy, judiciary looks an active role in addressing the human rights
issues. In a number of noteworthy cases, the courts set precedents which heralded new
role of judiciary in social policy-an area that was earlier considered to be the sole
domain of Executive and the Legislature.
The judicial activism may also reflect issues of regime, or at least governmental
legitimacy, where the political class is seen as being too mired in unacceptable levels of
corruption and graft.
In the face of democratic deficit of representative government the law and invocation of
the law through judicial institutions can become an instrument of civil society
empowerment. Courts act as an equalizing institution through which social grievances
can be addressed which otherwise do not have access to political channels of
representation.

The Supreme Court of Pakistan played no less important role in the empowerment of
civil society organizations. As a result dozens of NGO's have crept up each specializing
in different areas such as human rights, minority rights, environmental issues etc. As
soon as these organizations observe that a wrong has been committed, they bring it to
the attention of Supreme Court through petition. In view of their interest and involvement
the matter comes promptly before Supreme Court for scrutiny, Judicial Activism has
produced a positive impact on Israeli society. It has made government more responsive
to the needs of the people. It has discouraged Executive and Legislature from enacting
laws which severely impair human rights. It has empowered civil society and made
security forces accountable. It has contributed significantly in setting better standards of
governance.
CONCLUSION
Through Judicial Activism judiciary fills the gap created by a failed political practice.
Through the exercise and use of judicial review and public interest litigation the judiciary
acts as a protector of rule of law. It strives to make sure that other branches of
government do not step beyond their legal authorization and the citizens get their due
share in governance. By assuming an active role the judiciary seeks to check the
executive, empower civil society and secure the political, economic and civic rights of all
citizens. All of this is not possible with passivity but only through what is known as
Judicial Activism.
Although through its meddling, the judiciary came to the save of a large number of
people but still its impact on the working of government departments and quality of
governance in general has been limited. There is a need to take out a study so as to
find ways and means for effective implementation of the decisions of the superior
courts. There is also a need to raise awareness that good governance can't be achieved
unless the executive and legislature also respond to the needs of the people. The civil
society working together with other groups and the citizens may consider forcing the
executive and legislature to do their part and work for the economic and social wellbeing
of their people.