JUDICIAL ACTIVISM AND CLIMATE GOVERNANCE IN PAKISTAN
Abstract
This study critically analyzes the changing role of judicial activism in climate governance in Pakistan within the context of national constitutional law and international climate litigation. Pakistan, one of the most vulnerable nations to climate change, faces floods, glacial melting, high heat, and smog issues that threaten human and economic safety (Kreft et al., 2016; Mustafa, 2023). Despite laws like the Pakistan Environmental Protection Act (1997) and the Climate Change Act (2017), institutional fragmentation, financial constraints, and political instability hinder governance (Rafay, 2021). Judicial activism is a remedy. Shehla Zia v. WAPDA (1994) and Asghar Leghari v. Federation (2015, 2018) established environmental rights under Articles 9 and 14, incorporating global principles like sustainable development, the precautionary principle, intergenerational equity, and the public trust doctrine. Public interest litigation and Suo motu jurisdiction have allowed higher courts to order executive compliance, create policy commissions, and promote environmental justice. According to empirical evidence, judicial bodies like the Smog Commission and Climate Change Commission have identified technical deficiencies. Enforcement, financial, and tribunal capacity issues threaten long-term sustainability (Cheema & Gilani, 2015).
Comparative lessons from India, the Netherlands, South Africa, and the US illustrate that judicial activism has revolutionary potential and pitfalls. Singapore's governance approach allows for institutional accountability and integrated planning change (Peel & Osofsky, 2020; Kotzé, 2022; Tan, 2020). The study found that judicial activism has stimulated reform but cannot replace systemic governance. To ensure resilience, justice, and sustainability for current and future generations, Pakistan must move from judicial declarations to administrative compliance and integrate climate justice within strong institutional frameworks (Hunter, 2021; Boyd, 2024).
Keywords: Judicial Activism, Climate Governance in Pakistan, Environmental Constitutionalism, Public Interest Litigation (PIL), Comparative Climate Jurisprudence, Intergenerational Equity, Institutional Reform, and Compliance.
