The Paradigm Shift and Milestone for Environmental Justice: A Legal Analysis of Article 9A of the Constitution of Pakistan after 26th Amendment

Abstract

The concept of sustainable development and management has gained significant importance in developing countries such as Pakistan. This study examines innovation in Pakistan's constitutional human rights regime by analyzing the 26th Constitutional Amendment (Article 9A), with a particular focus on environmental rights as a form of justice. The paper critically evaluates the 26th Constitutional Amendment (Article 9A) from a legal perspective, arguing that it aligns with international environmental standards and has the potential to bridge recognized gaps in environmental law jurisprudence. This research scrutinizes case law, legislative advancements, and the perspectives of CiTM stakeholders to contend that Article 9A empowers citizens and ensures accountability from both public and private entities. The paper also evaluates the challenges encountered in implementing the strategy, such as a lack of awareness and institutional capacity to implement measures that promote environmental justice. This analysis marks a step forward in Pakistan’s legal dispensation in that it shows the country is moving in the right direction in terms of championing environmental protection for generations to come.