The elevation of Justice Yahya Afridi as the Chief Justice of Pakistan has brought in challenges which need an almost immediate addressal by him. These include Judicial-legal challenges, political and administrative challenges, amongst others. The new Chief Justice of Pakistan (CJP) was sworn in on Saturday, 26th October. What is to be seen is whether the CJP will enhance the judicial processes in Pakistan by tackling these challenges efficiently and in due time.

The selection of Justice Yahya Afridi debunked the established Principle of Seniority for the selection of the chief judge of the apex court, attracting critics from both the Judicial as well as the legal fraternity. Following his appointment notification, several legal analysts were seen on media expressing their feelings of dismay over the sidelining of the aforementioned legal principle. Members of the civil society also did not back off from expressing their disappointment over this. Disapproval over the mode of selection of CJP can also be seen from other similar examples, like in a recent talk show on a local channel, a legal expert termed the 26th constitutional amendment as unconstitutional. It is this very amendment which worked as the skateboard for the appointment of Justice Yahya Afridi.

Disagreement over the nomination of Justice Yahya, amongst the different Bar Associations is another legal/Judicial challenge faced by the CJP. Lahore High Court Bar Association and Baluchistan Bar did not welcome this appointment. The Karachi Bar Association criticised ignorance towards the Principle of Seniority while nominating the chief Justice. KBA did however, praise J. Yahya for his competence and judicial calibre. It must be noted here that the ‘sidelined Judge’ wrote a letter against the outgoing CJP, criticising him for not protecting judicial independence. Apart from this another challenge facing J. Afridi is determining the constitution and working methodology of the newly formed constitutional benches

The political and administrative challenges faced by the new chief of the top court are of differing nature. Firstly, the political parties are not united in their response towards this appointment. The opposition heavily criticised this selection. There is also a need to reform the legal system of Pakistan. Reforming the legal system requires a multi-faceted approach that addresses efficiency, transparency, and accessibility. To do so, there is a need to implement continuous training programs for judges and court staff to enhance their skills in case management, technology use, and legal updates. Another way to reform this system is to promote ‘Alternative Dispute Resolution’ ADR methods, such as mediation and arbitration, to alleviate pressure on courts and provide quicker resolutions for disputes. Tackling corruption within the judiciary and the broader legal system is essential for restoring public trust and it also what J. Yahya has to deal with. To do so independent bodies can be empowered to investigate allegations of corruption within the judiciary, ensuring impartial oversight and accountability. Justice Yahya Afridi must ensure that the judiciary has adequate resources including funding and personnel, to operate effectively. Furthermore, integrating technology into the judicial process in Pakistan can significantly enhance accessibility, efficiency, and transparency.

The challenge list is quite a comprehensive one, case backlog, decaying public perception of the judiciary and human rights issues are other hurdles to the smooth tenure of Justice Yahya Afridi. According to the recent statistics presented by the registrar Supreme Court there are 59,191 pending cases in the Supreme Court of Pakistan. Also managing the public’s perception of the judiciary, especially amid political controversies, requires careful communication and outreach, which is a task for the new CJP. Navigating human rights concerns, including cases related to freedom of expression, gender rights, and minority protections, remains a critical challenge.

On Monday, the 28th of October the CJP adopted the Case Management Plan 2023 which is a brainchild of Justice Mansoor Ali Shah to address the case backlog issue. All eyes are on the new chief Judge of the Supreme Court to check his response to the challenges that he is facing. J. Afridi is to tackle these problems efficiently to restore public confidence in the legal system as the indifference towards the principle of seniority and the creation of new constitutional benches through a political committee has eroded public confidence in the Judiciary. The methodology of appointment of the new justice has also put questions on the respect for the independence of the three pillars of the state of Pakistan. The efficiency with which Chief Justice Yahya Afridi resolves the challenges facing him, will help restore this slowly weathering confidence in the impartiality of the Judiciary.