Pakistan, ranked among the world’s most climate-vulnerable nations, faces escalating environmental challenges, including severe air pollution, deforestation, and the impacts of climate change. In response, a growing trend of environmental litigation has emerged, with citizens and activists leveraging legal avenues to address these issues. Here the focus is on examining the evolving role of Pakistan’s judiciary in interpreting environmental laws, enforcing accountability, and the limitations of these efforts.
Legal Foundations and Judicial Activism
Pakistan’s legal framework for environmental protection is grounded in the Constitution, particularly in Articles 184(3) and 199, which allow citizens to seek redress from the courts for violations of fundamental rights, including environmental rights. The seminal case of Shehla Zia v. WAPDA (1994) established the right to a clean and healthy environment as part of the fundamental right to life. Over time, the judiciary has expanded its role, interpreting constitutional provisions to safeguard the environment.
In the landmark case of Asghar Leghari v. Federation of Pakistan (2015), the Lahore High Court directed the government to implement the National Climate Change Policy and establish a Climate Change Commission to address climate impacts. These cases demonstrate the judiciary’s growing role in environmental protection, with courts intervening to ensure the state fulfills its environmental responsibilities.
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Judicial activism has been central to Pakistan’s environmental litigation landscape, with the Supreme Court often taking suo motu actions to address pollution, deforestation, and climate inaction. These proactive steps reflect the judiciary’s increasing involvement in environmental issues, often pushing the executive branch to take corrective action when there is state inaction.
Public Interest Litigation as a Tool for Environmental Justice
Public Interest Litigation (PIL) has become a vital instrument for citizens and activists to challenge environmental degradation. Through PILs, courts have addressed issues ranging from air pollution in urban centers like Lahore to the unsanctioned use of residential properties for commercial purposes. The inquisitorial nature of PIL proceedings allows courts to engage actively with stakeholders, ensuring that environmental concerns are adequately addressed.
Notably, the D.G. Khan Cement Company v. Government of Punjab (2021) case upheld a government notification barring the construction of new cement plants in environmentally sensitive areas, emphasizing the precautionary principle and the right to a healthy environment.
The Judiciary’s Role in Enforcing Accountability
The Judiciary’s role in enforcing accountability is central to the success of environmental litigation in Pakistan. Through judicial interventions, courts have held both state and non-state actors accountable for their environmental impacts. The expansion of environmental rights through constitutional interpretation has created a legal framework that requires both government and industry to follow environmental standards. However, the effective enforcement of these rulings remains challenging due to inadequate implementation mechanisms. Courts can only issue directives, but their ability to compel long-term compliance often depends on the willingness and capability of the relevant authorities.
Source: Dawn
In 2025, Mehar Badshah vs. Government of Khyber Pakhtunkhwa, the Supreme Court made a historic interpretation of the newly incorporated Article 9A of the Constitution, which explicitly guarantees the “Right to a Healthy Environment” as a fundamental right independent from the broader “right to life” under Article 9. The Court condemned government negligence and illegal timber operations as violations of constitutional environmental rights, linking ecological harm directly to citizens’ fundamental rights. This case is the first direct judicial application of Article 9A and signals a powerful judicial mandate for stricter environmental governance and accountability at the state level.
Source: Courtingthelaw
Limitations and Challenges in Environmental Litigation
While the judiciary in Pakistan has increasingly taken on an active role in environmental protection, several challenges hinder the effectiveness of this approach. One significant issue is resource constraints. Environmental cases often require specialized technical knowledge, which the judiciary lacks. Without access to expert resources, the courts are sometimes unable to fully grasp the complexities of issues like pollution or climate change, limiting the effectiveness of their rulings.
Another challenge is the implementation gap. Although courts issue environmental directives, the enforcement of these orders by government agencies is often inconsistent. Bureaucratic inefficiencies, limited resources, and lack of political will contribute to delays or non-implementation, rendering judicial decisions less impactful.
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Political resistance also plays a major role. Political actors or powerful industrial lobbies often resist judicial interventions, especially when they conflict with short-term economic interests. This resistance can delay or even reverse decisions, undermining the judiciary’s efforts to protect the environment.
Lastly, there is a lack of public awareness about environmental rights and legal mechanisms available for enforcement. Many citizens remain unaware of their ability to challenge environmental violations in court, limiting the use of Public Interest Litigation (PIL) and reducing pressure on authorities to act on judicial orders.
How to Address These Challenges
To overcome these challenges, several steps can be taken. First, investing in capacity-building for the judiciary to improve access to scientific expertise would help courts better understand complex environmental issues. Strengthening enforcement mechanisms through improved coordination between courts and government agencies is crucial for ensuring that judicial orders are effectively implemented. Combating political resistance can be achieved by raising public awareness and creating coalitions of environmental advocates, policymakers, and the judiciary. Finally, increasing public education about environmental rights and legal tools will empower citizens to participate more actively in protecting their environment and holding the authorities accountable.
Conclusion
Pakistan’s experience with environmental litigation highlights the critical role of the judiciary in advancing environmental justice. While significant strides have been made through PILs and judicial activism, addressing the ecological crisis requires a collaborative effort involving the judiciary, legislature, executive, and civil society. Strengthening institutional capacities, enhancing public awareness, and ensuring the effective implementation of judicial directives are essential steps toward achieving sustainable environmental governance in Pakistan.
