JUSTICE DENIED: HOW POLITICAL PATRONAGE AND NON-MERIT APPOINTMENTS UNDERMINE THE RIGHTS OF PAKISTAN BAR ADVOCATES

Abstract

The integrity of Pakistan’s justice system depends on transparent, merit-based judicial appointments, yet the persistent influence of political patronage continues to undermine both institutional credibility and the professional rights of Pakistan Bar advocates. This study examines how non-merit appointments, driven by political loyalty, personal networks, and informal power structures, distort pathways of professional advancement within the legal community. Drawing on historical developments, constitutional provisions, and contemporary evidence from bar associations, the analysis highlights how patronage-based selections weaken judicial independence, erode equal opportunity, and create an uneven playing field for advocates who rely on competence and experience as the foundation of their careers. The research argues that such practices not only marginalize capable legal professionals but also compromise the delivery of justice, diminishing public trust and weakening democratic institutions. Through comparative insights from jurisdictions with stronger merit-based systems, the study identifies structural gaps in Pakistan’s appointment framework and outlines the broader human rights implications for practicing advocates. It concludes by proposing reforms aimed at strengthening transparency, enhancing oversight by bar councils, and reaffirming merit as the central criterion in judicial elevation. Restoring credibility in judicial appointments is presented as essential for protecting advocates’ rights, improving legal outcomes, and rebuilding confidence in the rule of law.