Law of Torts

By Muhammad Tayyab

Green Constitutionalism in Pakistan: Embedding SGDs into Judicial Interpretation

Green Constitutionalism in Pakistan has emerged as a robust judicial approach that embeds environmental sustainability—closely aligned with the UN Sustainable Development Goals (SDGs)—into the core of human rights law. Through proactive “judicial activism,” Pakistan’s higher courts, particularly the Supreme Court and Lahore High Court, have transformed the Constitution into a tool for environmental governance, elevating the right to a clean, healthy environment to a fundamental right.

The judiciary has traditionally interpreted Article 9 (Right to Life) and Article 14 (Right to Dignity) to encompass the right to a healthy environment.

Shella Zia vs. WAPDA (1994) is the foundational case, which established that environmental degradation constitutes a violation of the right to life. Asghar Leghari vs. Federation of Pakistan (2015) reaffirmed this by enforcing climate policy, while Imran Tawana vs. Province of Punjab (2016) tackled urban environmental planning.

The 26th Amendment introduced Article 9A, which formally enshrines the right to a clean, healthy, and sustainable environment directly into the Constitution, solidifying environmental protection as a constitutional obligation rather than mere policy.

The judiciary aligns its rulings with international obligations, particularly SDGs related to climate action (SDG 13), clean water (SDG 6), and sustainable cities (SDG 11).

Courts have adopted the doctrine that state resources (water, air, forests) are held in trust for the public, preventing their misuse.

Implemented in cases like Shehla Zia, the judiciary insists on preventive action rather than waiting for absolute scientific certainty regarding environmental harm.

Green benches have been established in the Supreme Court and high courts to expedite environmental cases, frequently dealing with issues like Smog in Lahore and water pollution in Karachi.

The courts have recently focused on climate justice, requiring the state to act upon its climate adaptation policies and addressing the disproportionate impacts on vulnerable, disadvantaged populations.

Judicial activism in this field is sometimes criticized for transgressing the separation of powers between the judiciary and the executive. Despite progressive judgments, the enforcement of orders by the executive branch remains weak.

There is a need to build capacity in subordinate courts to handle complex environmental law cases, shifting from relying only on “green judges” in superior courts.

The legal developments in Pakistan have established that “environmental rights and international environmental principles are an integral part of our constitutional values,” effectively making sustainability a cornerstone of Pakistani law.