Constitutional Court declares clean and healthy environment a fundamental right

The Federal Constitutional Court has directed the Sindh government to reconsider the appointment of an additional director general of the Environmental Agency and ordered verification of the officer’s academic qualifications through the Higher Education Commission (HEC).

According to the 24NewsHD TV channel, the constitutional court on Friday dismissed an appeal filed by the Sindh government against an earlier ruling of the Sindh High Court. The six-page judgement was authored by Justice Rozi Khan.

The court observed that the Constitution guarantees every individual the right to live with complete freedom and dignity, adding that the right to life also includes access to a clean and healthy environment.

The judgement further stated that the 26th Constitutional Amendment had formally recognised the provision of a clean environment as a fundamental right.

The Federal Constitutional Court noted that the role of the Director General of the Sindh Environmental Agency is crucial in ensuring environmental protection and safeguarding public health.

It warned that the appointment of a non-technical person to such an important post could prove harmful to the public interest.

The judgement stated that the director general of the environmental agency is responsible for enforcing environmental laws and protecting citizens from pollution.

The court emphasised that the appointment to the position carries significant importance for the protection of the public’s constitutional rights.

The Sindh government had earlier issued a notification appointing a bureaucrat as director general of the Sindh Environmental Agency.

However, the Sindh High Court had declared the notification void and ordered authorities to review the appointment process.

The provincial government later challenged the high court’s ruling before the Federal Constitutional Court, which has now upheld the earlier decision and dismissed the appeal.

Reporter: Amanat Gishkori