Environmental Federalism after the 18th Amendment in Pakistan

                      By Taimor Murtaza

The 18th Amendment to the Constitution of Pakistan, enacted in 2010, represents a defining moment in the country’s constitutional and administrative evolution. By significantly enhancing provincial autonomy, the amendment reshaped governance structures across multiple sectors, including environmental protection. Environmental federalism—understood as the distribution of environmental responsibilities among federal, provincial, and local governments—emerged as a central feature of this new framework. While the devolution of powers created opportunities for more localized and responsive governance, it also introduced a range of structural, institutional, and coordination challenges that continue to shape Pakistan’s environmental landscape.

Prior to the 18th Amendment, environmental governance in Pakistan was predominantly centralized. The Pakistan Environmental Protection Act (PEPA) 1997 served as the principal legal instrument, providing a unified framework for environmental regulation. The federal government, through the Pakistan Environmental Protection Agency (Pak-EPA), exercised significant authority over environmental policy, standard-setting, and enforcement. Although provincial EPAs existed, their functions were largely subordinate to federal oversight. This centralized system ensured a degree of uniformity in environmental standards but often lacked sensitivity to regional ecological variations and local socio-economic contexts.

The abolition of the Concurrent Legislative List under the 18th Amendment marked a decisive shift. Environmental matters, previously shared between federal and provincial jurisdictions, were transferred almost entirely to the provinces. This transition effectively placed the responsibility for environmental legislation, policy implementation, and regulatory enforcement in the hands of provincial governments. The rationale behind this shift was rooted in the principle that local governments are better positioned to understand and address the environmental challenges specific to their regions.

In theory, environmental federalism offers several advantages. Pakistan’s provinces differ significantly in terms of geography, climate, natural resources, and patterns of economic activity. Punjab faces acute air pollution and industrial waste issues; Sindh contends with coastal degradation, waterlogging, and urban pollution; Khyber Pakhtunkhwa deals with deforestation, biodiversity loss, and climate-induced disasters; and Balochistan faces desertification and water scarcity. A decentralized governance model allows each province to design and implement policies tailored to its unique environmental challenges, thereby enhancing policy relevance and effectiveness.

Moreover, environmental federalism can promote policy innovation and experimentation. Provinces can develop and test different regulatory approaches, institutional arrangements, and technological solutions. Successful initiatives can be adapted and replicated in other regions, creating a dynamic and evolving governance system. This “learning by doing” approach is particularly valuable in a developing country context, where environmental challenges are complex and rapidly changing.

Despite these theoretical advantages, the practical implementation of environmental federalism in Pakistan has revealed significant shortcomings. One of the most critical issues is the uneven institutional capacity across provinces. While some provinces have made progress in strengthening their environmental institutions, others continue to struggle with limited technical expertise, inadequate staffing, and insufficient financial resources. This disparity has resulted in inconsistent enforcement of environmental laws and varying levels of regulatory effectiveness.

The Environmental Impact Assessment (EIA) process illustrates these challenges. Although EIAs are a mandatory requirement for major development projects, their quality and effectiveness vary considerably across provinces. In some cases, EIAs are conducted with limited data, insufficient fieldwork, and minimal public consultation. Approval processes may lack transparency, and monitoring mechanisms are often weak. As a result, projects with significant environmental risks may proceed without adequate safeguards, undermining the purpose of environmental regulation.

Another major challenge is the fragmentation of environmental governance. With provinces developing their own laws, standards, and procedures, inconsistencies have emerged that complicate compliance and enforcement. Industries operating across provincial boundaries may face different regulatory requirements, creating administrative burdens and opportunities for regulatory evasion. More importantly, environmental issues such as air pollution, water resource management, and climate change are inherently transboundary. Smog originating in one province can affect neighboring regions; rivers flow across provincial borders; and climate impacts are felt nationwide. Addressing these challenges requires coordinated action, which is difficult in a fragmented system.

In this context, the role of the federal government remains essential, albeit redefined. While legislative authority has largely shifted to the provinces, the federal government continues to play a গুরুত্বপূর্ণ role in areas such as international environmental commitments, national policy frameworks, and inter-provincial coordination. The Ministry of Climate Change, for example, is responsible for formulating national strategies on climate adaptation and mitigation, as well as representing Pakistan in global environmental negotiations.

Inter-governmental coordination mechanisms, particularly the Council of Common Interests (CCI), have gained increased importance in the post-18th Amendment framework. The CCI serves as a platform for resolving disputes and ensuring policy coherence across provinces. However, its effectiveness depends on regular engagement, political consensus, and institutional support. In practice, coordination remains limited, and environmental governance often suffers from a lack of integrated planning.

Climate change has emerged as one of the most pressing environmental challenges for Pakistan, highlighting both the potential and the limitations of environmental federalism. The country is highly vulnerable to climate-related risks, including floods, droughts, heatwaves, and glacial melting. While provinces are responsible for implementing adaptation measures, the federal government must provide strategic direction, mobilize resources, and ensure compliance with international obligations. The absence of a clear and coordinated framework can hinder effective responses to climate threats.

The judiciary has also played a significant role in shaping environmental governance in Pakistan. Courts have increasingly recognized the right to a clean and healthy environment as part of the fundamental right to life. Through public interest litigation, the judiciary has addressed issues such as deforestation, pollution, and urban planning. While judicial intervention has contributed to environmental protection, it also underscores the ضعف of regulatory institutions. Sustainable governance requires strong administrative systems rather than reliance on judicial activism.

Public participation is a cornerstone of effective environmental federalism. Decentralization creates opportunities for greater involvement of local communities, civil society organizations, and the media in environmental decision-making. However, meaningful participation requires access to information, transparency, and institutional mechanisms for engagement. In many cases, these conditions are not fully met, limiting the impact of public involvement. Strengthening participatory processes is essential for enhancing accountability and ensuring that environmental policies reflect local needs and priorities.

Financial constraints represent another significant barrier. Environmental regulation requires substantial investment in monitoring systems, enforcement mechanisms, research, and capacity-building. Provincial governments often face budgetary limitations, which restrict their ability to implement environmental policies effectively. Innovative financing solutions, including public-private partnerships, environmental taxes, and international climate funding, are needed to address these gaps.

The integration of environmental considerations into broader development planning remains a critical challenge. Economic growth, infrastructure development, and energy expansion are often prioritized without adequate attention to environmental impacts. Environmental federalism can only be effective if sustainability is mainstreamed across all sectors, including agriculture, industry, urban development, and transportation. This requires a shift in policy thinking, recognizing that environmental protection and economic development are mutually reinforcing rather than mutually exclusive.

Technological advancements offer new opportunities for strengthening environmental governance. Digital monitoring systems, satellite imagery, and data analytics can enhance regulatory oversight and improve decision-making. Provinces can leverage these tools to track pollution levels, monitor resource use, and enforce compliance more effectively. However, the adoption of such technologies requires investment, technical expertise, and institutional readiness.

Education and awareness also play a crucial role in promoting environmental sustainability. Public understanding of environmental issues can drive behavioral change and create demand for stronger regulation. Educational institutions, media outlets, and civil society organizations have an role in raising awareness and fostering a culture of environmental responsibility.

In recent years, there have been encouraging signs of progress. Provincial governments have enacted environmental laws, established regulatory institutions, and initiated programs related to renewable energy, afforestation, and waste management. These efforts demonstrate a growing recognition of the importance of environmental protection. However, much remains to be done to translate these initiatives into tangible and sustained outcomes.

Strengthening environmental federalism in Pakistan requires a comprehensive and coordinated approach. Capacity-building at the provincial level is essential to enhance institutional effectiveness. Standard-setting at the national level can help ensure consistency while preserving provincial flexibility. Inter-governmental coordination mechanisms must be strengthened to address transboundary issues and align policies. Financial resources must be mobilized and allocated efficiently to support environmental initiatives. Finally, public participation and transparency must be enhanced to ensure accountability and inclusiveness.

Conclusion
Environmental federalism after the 18th Amendment has redefined environmental governance in Pakistan by granting greater authority to provinces. While this decentralization has enabled more region-specific policymaking, it has also created challenges related to coordination, capacity, and uniformity of standards. For this system to function effectively, a balance between provincial autonomy and federal oversight is essential. Strengthening institutions, improving inter-provincial coordination, and integrating environmental priorities into development policies are key to ensuring sustainable progress. Ultimately, effective environmental federalism can play a crucial role in protecting Pakistan’s environment while supporting long-term economic stability.