Pakistan has adopted several climatic policies, including the National Climate Change Policy (2021) and its nationwide contributions (NDC) under the Paris Agreement. However, the implementation has been slow and fragmented, resulting in delays and setbacks. Judicial supervision offers a mechanism to close this gap by guaranteeing compliance, responsibility and institutional coordination.
Judicial activism in Pakistan refers to the assertive role played by the higher courts in the interpretation of the Constitution, expanding the scope of fundamental rights and intervene in matters traditionally reserved for the Executive or the Legislature. This has allowed the courts to address several social and environmental problems that lack adequate government care. The courts have recently adopted a progressive interpretation of article 9 (right to life) and article 14 (Dignity of Man) to include access to clean water, air, medical care and a healthy environment. This approach has brought environmental concerns and impacts of climate change under the scope of constitutional rights.
The expansion of the public interest litigation and the exercise of the powers of Suo Motu under article 184 (3) of the Constitution have trained the Judiciary to act on issues of public importance without waiting for formal complaints. These tools have allowed civil society and citizens to raise environmental concerns directly to the courts.
As climatic threats intensify, the gap between politics and implementation will become more marked, putting millions at risk due to delayed action. At a time when the global order is becoming increasingly anarchic, weak climate governance can lead to chaos and disorder. For Pakistan, this is particularly dangerous due to its geography and its great dependence on a river system largely fed by snow and glacial melting. The lack of coherence and clarity between federal and provincial responsibilities exacerbates the situation, while the growing gap between demand and the supply of essential resources for a flourishing population worsens the crisis.
The country is directed towards a serious crisis without a rescue plan for the most vulnerable. The previous judgments have recognized the disproportionate impacts of climate change in the vulnerable, reinforcing the concept of environmental justice. It is time for the courts to intervene to safeguard the long -term climatic objectives by issuing binding decisions to protect the environmental and climatic commitments of being undermined by political changes or short -term interests. The Judiciary can enforce the deadlines, require periodic reports and hold regular audiences to monitor institutional performance. This will give public agencies a strong incentive to implement climatic measures and improve interdepartmental coordination.
Judicial supervision can also reveal structural weaknesses and recommend improvements in legal frameworks, technical capacity and institutional mandates. An entrance point is the management of protected parks, forests and critical points of biodiversity. The flagrant contempt for conservation rules in national parks and Guzara forests highlights the need for judicial activism to promote constitutionalism, transparency and responsibility for environmental protection. Guzara forests owned by the community and administered by the Forest Department are at risk of becoming a new place of exploitation and environmental degradation reproduction if they are not protected by law.
It is time for the courts to intervene to safeguard the climatic objectives.
The Margalla Hills National Park (MHNP), which is under the administrative jurisdiction of the territory of the capital of Islamabad, can serve as a case study and a model to harmonize policy with implementation and development with nature. Straddling KP and Punjab, ICT presents a unique opportunity to address problems related to land in adjacent areas, including Guzara forests and their long -term impact on national parks. The development of a governance framework that considers the strategic impact of Earth’s use around fragile ecosystems can serve as a plan to administer protected and surrounding lands.
A successful intervention in MHNP can be replicated provincially to conserve ecological assets and restore degraded ecosystems using nature -based solutions with the NDC of Pakistan. Each damaged or destroyed habitat contributes to microclimatic changes, altering its immediate and broader environment.
As the crisis deepens, the Judiciary must play a key role in reducing the implementation gap by enforcing legal obligations, protecting citizen rights and promoting institutional reform. Its continuous, balanced commitment with respect to democratic institutions, is vital to achieve sustainable climate action based on rights in Pakistan.
The writer is Executive Director of the Climate Change Coalition of civil society.
aisha@csccc.org.pk
Posted in Dawn, July 11, 2025
