Judicial Accountability and Immunity in Pakistan: Achieving Equilibrium to Reinforce Judicial Independence

Abstract

In Pakistan, the three primary branches of government, the legislature, executive and judiciary fulfill distinct yet interdependent functions of lawmaking, law enforcement and adjudication, respectively. The judiciary, recognized as an independent institution and a fundamental pillar of the state, must uphold principles of fairness, impartiality and adherence to constitutional and legal frameworks. Judicial accountability and immunity are essential for maintaining judicial independence while ensuring integrity and public trust. These principles are not mutually exclusive but rather complementary; excessive judicial isolation may result in unchecked judicial discretion, whereas overly stringent oversight mechanisms could undermine judicial impartiality. This study critically examines the existing legal and institutional mechanisms governing judicial accountability and immunity in Pakistan. Study utilized a qualitative methodology to examine the structuring of these mechanisms that preserve judicial independence while ensuring accountability. Following the ethical standards, data is collected through open-ended interviews with ten participants associated with distinctive legal professions. It concludes that a nuanced understanding of these concepts is imperative for strengthening the judiciary, promoting justice and upholding the rule of law in Pakistan.