Constitutionalizing Environmental Rights in Pakistan: Article 9A, Provincial Governance, and the Implementation Challenge

Abstract

With the adoption of Article 9A through the Pakistan's Constitution (Twenty-Sixth Amendment) Act, 2024, Pakistan's environmental constitutionalism has reached a new milestone by explicitly stating the right to a clean, healthy and sustainable environment for every person. The present research study focuses on the possibility of addressing the implementation gap between the environmental laws and implementation of those laws in Pakistan, especially under a decentralized provincial government, through the process of constitutionalization of environmental protection. The research is doctrinal in nature and a qualitative approach has been used to analyze the constitutional provisions, environmental legislation, judicial interpretation and institutional structures relating to the protection of environment from Shehla Zia v. WAPDA to Article 9A. The results show that Article 9A bolstered the moral and legal basis for environmental protection by making environmental quality a constitutional right and, possibly, increasing the liability of judges and government. Its transformative capacity is, however, limited by institutional fragmentation, limited resources, poor institutional enforcement, low technical capacity and inconsistent behavior of regulators across provinces. The issues are stark in Punjab's industry regulatory stress, failures in implementation in Sindh, and institutional and resource limitations in Balochistan. Constitutional recognition is not sufficient to address Pakistan's environmental governance deficit, the study finds. Improved environmental institutions with greater autonomy and capacity, sufficient fiscal and technical resources, better federal–provincial coordination, more transparent enforcement and judicious oversight are essential to the implementation of Article 9A.