Environmental Jurisprudence in Pakistan: An Analysis of Green Bench Cases (1994–2023)

Abstract

Environmental protection has emerged as a critical legal governance issue worldwide, with courts increasingly recognizing ecological sustainability as integral to human rights. In Pakistan, however, environmental degradation, manifested in air pollution, deforestation, and climate-induced disasters, continues to threaten public health and ecological balance. The problem lies in weak regulatory enforcement, overlapping institutional mandates, and inconsistent compliance with environmental laws. This study is significant as it examines how Pakistan’s higher judiciary, particularly through Green Benches (1994–2023), has addressed these gaps by embedding global environmental principles into constitutional jurisprudence. Using a qualitative methodology, the study analyses reported judgments, statutes, policy reports, and scholarly literature, applying interpretive content analysis to trace legal principles, remedies, and compliance patterns. Results show that courts have advanced doctrines such as public trust, the precautionary principle, and intergenerational equity, while innovating with commissions and continuing to use mandamus. The study recommends strengthening environmental tribunals, codifying judicial principles, and integrating scientific expertise into environmental governance.