Pakistan’s vulnerability to climate change has long been overlooked, culminating in devastating weather catastrophes. From the 2010 “super floods” to the unprecedented 2022 floods that caused damages worth an estimated US$40 billion, the country’s climate crisis has become impossible to ignore. Ranked among the most affected nations by the Global Climate Risk Index, Pakistan faces immense pressure to develop robust environmental policies.
Historically, environmental concerns have been peripheral to development debates. Yet, the judiciary’s activism—especially through the newly enshrined Article 9A, which guarantees the right to a “clean, healthy, and sustainable environment”—has brought climate litigation to the forefront. The question, however, remains: does Article 9A represent a legal revolution in Pakistan’s constitutional order, or is it merely symbolic hope?
Article 9A: Constitutional Recognition of Environmental Rights
Introduced through the 26th Amendment in October 2024, Article 9A declares:
“Every person shall be entitled to a clean, healthy and sustainable environment.”
Though simple in language, courts have interpreted it expansively. Building on earlier jurisprudence, particularly the “right to life” under Article 9, Pakistani courts now explicitly recognize environmental protection as a constitutional guarantee.
Judicial activism has pressured the government to tackle deforestation, regulate pollution, and entertain environmental petitions as matters of public interest litigation (PIL). Yet, with Pakistan ranking 31st in the 2025 Climate Change Performance Index (CCPI)—struggling with greenhouse gas emissions, poor climate policies, and weak renewable energy adoption—the country’s environmental governance remains far from ideal.
Climate Litigation in Pakistan: Key Cases
The foundation of environmental rights litigation in Pakistan was laid in Shehla Zia v. WAPDA (PLD 1994 SC 693). The Supreme Court broadened the definition of “life” to include the right to a clean and safe environment, establishing a precedent that directly influenced Article 9A.
In the more recent case of Mehar Badshah v. Government of Khyber Pakhtunkhwa, the Supreme Court held that illegal deforestation violated Articles 9 and 9A, marking the first explicit application of the constitutional provision. This ruling not only clarified the responsibilities of state institutions in safeguarding natural resources but also set the stage for future PILs on environmental rights.
Comparative Perspectives
Globally, Pakistan’s model of environmental constitutionalism remains distinctive but limited.
- India: Through Article 21 and the National Green Tribunal (NGT), India provides an institutionalized forum for environmental litigation, making its framework more proactive and structured compared to Pakistan’s court-driven approach.
- Netherlands: In Urgenda Foundation v. Netherlands (2019), courts compelled the government to cut emissions by 25%—a landmark case demonstrating the effectiveness of strong judicial enforcement paired with government compliance.
Pakistan’s judiciary exhibits progressive activism, but the absence of specialized environmental courts, legislative mandates, and political will hinders meaningful implementation.
Symbolic Hope or Legal Revolution?
Opinions on Article 9A remain divided. Advocates hail it as a turning point in Pakistan’s constitutional landscape, while critics dismiss it as largely symbolic due to weak enforcement mechanisms.
Even as Article 9A inspired new policies such as Pakistan’s National Carbon Market Policy (2024), institutional resistance and governance failures continue to overshadow its promise. Without administrative and legislative support, the provision risks being reduced to rhetoric rather than becoming a transformative instrument of climate justice.
Challenges and the Road Ahead
Several structural and institutional barriers impede the effectiveness of Article 9A:
- Weak legislative backing: Outdated laws like the Pakistan Environmental Protection Act (1997) remain insufficient.
- Bureaucratic inertia: Delays and fragmented authority undermine implementation.
- Corporate resistance: Industrial polluters remain largely unaccountable.
- Limited civic engagement: Climate litigation remains elite-driven, with marginalized communities underrepresented.
Crucially, unlike India’s Constitution (Article 51A), Pakistan’s framework lacks explicit duties for citizens regarding environmental stewardship—creating a rights-without-duties gap.
To bridge this, Pakistan must update environmental laws, empower specialized institutions, and expand grassroots access to climate justice.
To sum it up,
Article 9A has undeniably elevated environmental justice within Pakistan’s constitutional framework, linking it to human dignity and the right to life. Yet, its transformative potential remains constrained by poor execution, political disinterest, and legislative inertia.
In essence, Article 9A represents more than symbolic hope but falls short of a full legal revolution. Whether it evolves into a genuine turning point depends on three factors: institutional reform, consistent implementation, and sustained public participation. Without them, Pakistan’s environmental crisis will remain unresolved, and the promise of Article 9A will fade into constitutional symbolism.
