THE LEGAL FRAMEWORK OF ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT IN PAKISTAN

Abstract

Pakistan’s legal framework for environmental protection and sustainable development has evolved from fragmented colonial-era resource management laws to a comprehensive, rights-based regime anchored in the Constitution and supported by federal and provincial statutes. Landmark judicial activism, exemplified by Shehla Zia v. WAPDA (1994), interpreted the right to life under Article 9 to encompass a clean and healthy environment, establishing the precautionary principle and climate justice. The 18th Constitutional Amendment (2010) devolved environmental governance to provinces, leading to tailored provincial acts, while the 26th Amendment (2024) explicitly enshrined Article 9A, guaranteeing every citizen the right to a clean, healthy, and sustainable environment. The Pakistan Environmental Protection Act (PEPA) 1997 remains the federal cornerstone, mandating National Environmental Quality Standards (NEQS), Environmental Impact Assessments (EIA/IEE), and enforcement through Environmental Tribunals. The Pakistan Climate Change Act 2017 and alignment with the Sustainable Development Goals (SDGs) further institutionalize climate action. Despite progressive legislation and judicial innovation, challenges persist, including weak enforcement, inter-jurisdictional friction post-devolution, industrial non-compliance, and gaps in funding and technical capacity. This framework reflects Pakistan’s commitment to balancing development with ecological sustainability amid heightened climate vulnerability, yet effective implementation requires stronger coordination, capacity building, and integration of rights-based approaches with practical governance mechanisms.