Climate Change and Right to Life in Pakistan: A Critical Analysis of Article 9 & 9A of the Constitution of Pakistan 1973

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Pakistan stands at a devastating intersection of ecological fragility and constitutional inadequacy. Ranked among the world’s most climate vulnerable nations despite contributing less than one percent of global greenhouse gases emission, Pakistan faces threats to life, health and dignity of its population. This article critically examines whether article 9 of the Constitution of Islamic Republic of Pakistan 1973 which guarantees the “no person shall be deprived of life and liberty save in accordance with law” is capable of encompassing the right to clean, healthy and sustainable environment and situates this analysis alongside the newly inserted article 9A introduced by the Twenty-Sixth Constitutional Amendment 2024, which explicitly enshrines this right as a justiciable fundamental right. Drawing upon constitutional jurisprudence, superior courts decisions, comparative analysis and international environmental law. This article argues that Pakistan’s courts progressively expanded article 9 to encompass environmental rights and that article 9A now places those judicial gains on explicit constitutional footings. Its concludes that while article 9A marks a historic milestone, systematic institutional failures, legislative lacunae and weak enforcement mechanism continues to threaten the effective realization of this guarantee.