Dr. Mazhar Hayat
In a landmark move, Pakistan has officially recognized the right to a clean, healthy, and sustainable environment as a fundamental constitutional right. The Constitution (Twenty-sixth Amendment) Act, 2024, passed by the Parliament of Pakistan on October 21, 2024, reflects the country’s growing commitment to addressing climate change and environmental challenges.
The amendment introduces Article 9A in the Constitution of the Islamic Republic of Pakistan, stating:
2. Insertion of new Article 9A of the Constitution.—In the Constitution of the Islamic Republic of Pakistan, hereinafter called the Constitution, after Article 9, the following new Article 9A shall be inserted, namely:
“9A. Clean and healthy environment.—Every person shall be entitled to a clean, healthy, and sustainable environment.”
The amendment establishes a “Green Constitution,” creating a robust foundation for environmental rights in Pakistan. This change positions Pakistan among the few countries globally that have embedded environmental rights within their constitutions, providing a stronger legal framework to address environmental degradation and promote sustainable development. As nations around the world grapple with the impacts of climate change, Pakistan’s decision sets a significant precedent, encouraging other countries to take similar steps.
This constitutional amendment responds to the increasing global awareness about environmental protection. The United Nations General Assembly (UNGA) had earlier passed a resolution in July 2022 affirming that a clean, healthy, and sustainable environment is a human right. The resolution urged nations to incorporate this right into their legal systems. Pakistan’s adoption of the 26th Amendment aligns with these international calls, reinforcing its adherence to global environmental agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement.
Over the years, the Supreme Court of Pakistan took proactive measures to interpret the “right to life” under Article 9 as encompassing environmental rights. This judicial activism, highlighted by cases such as Shehla Zia (1994), created a precedent that paved the way for the recent amendment. The new Article 9A consolidates these efforts, providing a constitutional mandate to safeguard environmental standards across the country.
In addition to judicial interpretations, Pakistan’s environmental legal framework includes key federal laws such as the Pakistan Environmental Protection Act (PEPA) 1997 and the Climate Change Act 2017. These laws provide a regulatory basis for pollution control, resource management, and climate action. Following the Constitution (Eighteenth Amendment) Act, 2010, the subject of ‘environment’ was devolved to provinces, leading to the creation of provincial laws and policies. This decentralized framework, now backed by the new constitutional amendment, strengthens enforcement and compliance across both federal and provincial levels.
The legal implications of the amendment are significant. It empowers individuals to pursue judicial remedies for environmental harm, fostering accountability among government institutions and private entities. It is anticipated that this legislative move will lead to the formulation of stricter laws addressing issues from industrial emissions to waste management. Article 9A is also expected to act as a catalyst for more decisive climate action.
The passage of the 26th Amendment marks a significant turning point in Pakistan’s environmental law landscape, reinforcing the right to a clean and healthy environment as a fundamental human right. Article 9A serves as a key driver for greening the constitution, embedding environmental priorities at its core. This “Green Constitution” is expected to drive forward comprehensive climate action plans and enhance environmental justice, ensuring that all citizens can enjoy a safe and sustainable environment.
The author is a civil servant involved in the realm of climate policy.
