How do courts manage during national emergencies?

 Child Custody Laws in Pakistan National emergencies—such as wars, natural disasters, pandemics, or political crises—pose significant challenges to the functioning of state institutions, including the judiciary. During such periods, courts must strike a delicate balance between maintaining justice and adapting to extraordinary circumstances. In Pakistan, as in many other countries, the judiciary has developed both formal and informal mechanisms to continue operating during emergencies, while ensuring that basic rights are not entirely suspended.

This essay explores how courts in Pakistan manage during national emergencies, focusing on constitutional powers, administrative adaptations, technology use, and preservation of fundamental rights.

1. Constitutional and Legal Framework

The Constitution of Pakistan provides a framework for dealing with national emergencies. Article 232 allows the President to declare a Proclamation of Emergency when the security of Pakistan is threatened by war, external aggression, or internal disturbance. During such a proclamation, certain fundamental rights—such as freedom of movement, assembly, and speech—can be restricted.

However, the judiciary retains an essential role in interpreting the legality of emergency measures. Even in emergencies, the superior courts (High Courts and Supreme Court) continue to operate, often deciding public interest litigation (PILs), human rights petitions, and challenges to emergency laws or executive actions.

2. Suspension vs. Continuity of Judicial Functions

Contrary to popular belief, courts in Pakistan are rarely fully suspended during emergencies. Instead, they function under restricted conditions, prioritizing:

  • Urgent criminal matters

  • Bail hearings

  • Habeas corpus petitions

  • Fundamental rights enforcement

During martial law periods (e.g., 1958, 1977, and 1999), courts continued to function, although under pressure. While civil liberties were curtailed, the judiciary often played a controversial role, sometimes legitimizing military takeovers under the "doctrine of necessity" (as in the Zafar Ali Shah case, 2000). However, in more recent history, especially after the Lawyers’ Movement of 2007–2009, the judiciary has shown increased resistance to unconstitutional measures.

3. Court Administration During Emergencies

During emergencies such as pandemics or natural disasters, the judiciary adapts administratively. A prominent example is the COVID-19 pandemic, during which courts in Pakistan adopted the following measures:

  • Suspension of regular hearings: Courts limited regular proceedings to urgent cases only.

  • Virtual hearings: The Supreme Court and several High Courts introduced video conferencing systems to conduct remote hearings.

  • Court staff rotations: To reduce health risks, courts operated with limited staff on a rotational basis.

  • Sanitization and social distancing: Physical spaces were adapted for safety.

Despite limitations, courts ensured that access to justice was not entirely disrupted, especially for detainees, minors, and vulnerable individuals.

4. Role of Superior Courts During National Crises

The Supreme Court of Pakistan often takes suo motu notice during emergencies. This enables the Court to initiate proceedings without a formal petition when public interest or fundamental rights are at stake.

For instance:

  • During the COVID-19 pandemic, the Supreme Court took suo motu notice regarding the state of quarantine facilities and medical supplies.

  • In the aftermath of floods or earthquakes, courts have intervened to monitor the distribution of relief funds and government accountability.

High Courts also maintain jurisdiction over human rights violations, even under emergency conditions, reinforcing the principle that judicial oversight does not cease in times of crisis.

5. Use of Technology and Remote Access

Emergencies often accelerate judicial reforms. The COVID-19 era pushed courts in Pakistan toward digitization, with notable steps including:

  • Online case listings

  • E-filing of petitions

  • Email notices and judgments

  • Video link hearings (especially for incarcerated individuals)

These innovations not only helped during the pandemic but have laid the groundwork for a more accessible and efficient judicial system moving forward.

6. Challenges Faced by the Judiciary

 Child Custody Laws in Lahore Despite best efforts, the judiciary faces multiple challenges during emergencies:

  • Backlog of cases: Suspension or delay of hearings results in an increased backlog.

  • Limited resources: Not all courts have equal access to technology or training for remote hearings.

  • Executive interference: In politically volatile situations, there is often pressure on the judiciary to endorse or avoid questioning government measures.

  • Inequality in access: Litigants from rural or underserved areas may face digital divides and find it harder to access remote courts.

Nonetheless, the judiciary is expected to uphold constitutional principles and ensure that emergency measures are lawful and proportionate.

7. Safeguarding Fundamental Rights

Even in emergencies, courts in Pakistan have reaffirmed that certain rights are non-derogable, such as:

  • Right to life and dignity (Article 9 and 14)

  • Protection from torture (Article 14)

  • Right to fair trial (Article 10A)

Courts have repeatedly held that emergencies do not give a blank cheque to the executive, and judicial review remains a cornerstone of democratic governance.

Conclusion

Courts in Pakistan play a vital stabilizing role during national emergencies. While they may face logistical, constitutional, and political challenges, they continue to function—often in adapted forms—to safeguard justice and fundamental rights. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. Whether through remote hearings, public interest litigation, or emergency oversight, the judiciary remains a key institution in ensuring that the rule of law is upheld even in times of crisis. By evolving with the demands of the situation, courts demonstrate both resilience and relevance in protecting democracy and legal order.

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