Review of the 26th Amendment to the Constitution of Pakistan and the Fundamental Right of a Clean and Healthy Environment: A Case Study of New Article 9A

Abstract

The 26th Amendment introduces Article 9A into Pakistan's Constitution, addressing the right to a clean and healthy environment. This case note contemplates the importance, consequences, and compliance of Article 9A with international environmental norms and constitutional practices. According to the UN conventions and leading judgments, this note evaluates the legal background and the possibility of judicial activism to implement environmental rights in Pakistan. Internationally, Pakistan can influence Article 9A to enhance its international climate change obligations under the Paris Agreement and to present itself as a champion of climate justice. The country can improve its climate change coping mechanisms by advocating for higher shares of international climate funding and affordable green technologies.