Article 9A and Environmental Rights in Pakistan: A Legal and Jurisprudential Analysis

Abstract

As natural catastrophes continue to devastate communities and livelihoods across Pakistan, the country finds itself in an existential struggle against the escalating ramifications of climate change. The introduction of Article 9A through the Twenty-Sixth Constitutional Amendment signals Pakistan’s growing commitment to confronting this climate crisis through legal and constitutional means. This paper explores the trajectory of Pakistan’s evolving environmental jurisprudence and legislative developments that culminated in the recognition of the right to a clean, healthy, and sustainable environment as a fundamental right. It argues that Article 9A represents a pivotal shift in embedding environmental rights within the constitutional framework. The paper concludes by recommending several legal maxims and governing principles that can strengthen the implementation of Article 9A while enhancing Pakistan’s legal framework with regard to climate-related litigation and environmental governance.