Supreme Court Seeks Balance Between Faith and Public Health on Firecrackers in Delhi-NCR
On 12 October 2026, a bench of the Supreme Court led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V. Mohana, heard the long-running case on air pollution in the National Capital Region (NCR), which covers firecrackers, stubble burning and waste management.
The bench said it was not inclined to order a blanket ban on firecrackers. It said religious feelings must be respected, but people should choose less polluting ways to celebrate on their own. It stressed that any order must be "manageable and enforceable", and that public awareness works better than force.
The court questioned the link between religion and firecrackers, asking what is religious about bursting crackers. It suggested promoting traditional practices like lamps while restricting the more harmful types of crackers.
The amicus curiae (a senior lawyer helping the court) argued that firecracker smoke harms children, the elderly and sick people, that the gods would be dismayed to see children falling ill in their name, and that time limits fail without proper policing. She suggested the issue be sent to the Commission for Air Quality Management (CAQM) to examine the scientific and medical evidence.
The Centre said it has a policy framework for managing crop residue and will file a detailed affidavit. The case is listed again on 15 October 2026.
Earlier, on 30 September 2026, another bench (Justices M.M. Sundresh and P.B. Varale) had also ruled out a complete ban and said firecrackers could be allowed for fixed hours. It is waiting for a Central Pollution Control Board (CPCB) report on barium-based crackers.
Freedom of Religion: Articles 25 to 28 of the Constitution
Articles 25 to 28 of the Constitution, in Part III (Fundamental Rights), give every person in India the freedom to believe in, practise and spread their religion. This freedom is wide but not unlimited. Article 25(1) itself says the right is "subject to public order, morality and health" and to the other Fundamental Rights. Courts use the Essential Religious Practices (ERP) test to decide which practices get constitutional protection.
When the bench asked what is religious about bursting crackers, it was raising the ERP question: if bursting crackers is not essential to a religion, it can be regulated for health reasons under Article 25(1). At the same time, the court chose not to impose a blanket ban, out of respect for people's feelings and because a ban must be enforceable.
Green Crackers: Less-Polluting Firecrackers and the Law Behind Them
Green crackers are firecrackers made with a changed chemical recipe so that they release less smoke, dust and harmful gases than normal crackers. They were developed in India by the CSIR-National Environmental Engineering Research Institute (CSIR-NEERI), a government science lab in Nagpur. They are less polluting, not pollution-free. They still produce smoke and noise, only less of it.
The Supreme Court's refusal to order a blanket ban and its focus on "less polluting" options continue the green-cracker approach first set in 2018. The pending CPCB report on barium-based crackers will decide whether any change to the 2018 recipe rules is allowed. The court's worry about enforcement shows the main weakness of the green-cracker system: rules on paper are hard to apply on the street.
Commission for Air Quality Management (CAQM)
The Commission for Air Quality Management in National Capital Region and Adjoining Areas, called CAQM, is a statutory body (a body set up by a law of Parliament) that manages air pollution in Delhi and the nearby region. It covers the NCR and adjoining areas of Haryana, Punjab, Rajasthan and Uttar Pradesh. Its directions are binding, and it is the main authority on air quality in this region.
The amicus curiae asked the Supreme Court to refer the firecracker question to CAQM, because it is the expert body with legal power over air quality in Delhi-NCR. The court indicated suggestions could be placed before CAQM. Any firecracker limits around Diwali will work alongside CAQM's GRAP measures, which usually begin as winter air quality worsens in October and November.
- Hearing date: 12 October 2026; bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana; next hearing on 15 October 2026
- Court not inclined to impose a blanket firecracker ban; any order must be "manageable and enforceable"
- Amicus curiae suggested referring the issue to the Commission for Air Quality Management (CAQM)
- 30 September 2026: bench of Justices M.M. Sundresh and P.B. Varale ruled out a total ban; CPCB report on barium-based crackers awaited
- Arjun Gopal v. Union of India (2018): only green and reduced-emission crackers; barium salts and laris banned
- Green crackers: developed by CSIR-NEERI; types SWAS, STAR, SAFAL; licensed by PESO
- Article 25(1): freedom of religion subject to public order, morality and health
- Firecracker noise limit: 125 dB(AI) or 145 dB(C)pk at 4 metres
- CAQM Act, 2021: replaced EPCA (1998); appeals to NGT; penalty up to 5 years or ₹1 crore