Supreme Court Rules Out a Total Firecracker Ban in Delhi-NCR but Warns Authorities to Enforce Its Orders
A Supreme Court bench of Justices M.M. Sundresh and Prasanna B. Varale said it is not inclined to impose a complete ban on firecrackers in Delhi-NCR (National Capital Region), but warned authorities not to "push" it into taking a very harsh stand by failing to enforce its orders.
The bench said court orders mean little unless they are carried out on the ground, and that officers must be present in the field to check how the rules are followed. It called for cooperation from everyone, since air pollution affects "every living being".
The court suggested that well-known personalities, including sportspersons, be used to spread awareness about the harm caused by firecrackers.
The Delhi government and the Commission for Air Quality Management (CAQM) described their plans for the pollution season. Measures planned from November include limits on older vehicles, curbs on construction and demolition, and staggered (different) office timings so that fewer vehicles are on the road at the same time.
The Centre told the court that its internal consultations on allowing barium in firecrackers were still going on and asked for three weeks to finish them.
The court was hearing two matters: a suo motu case (a case the court started on its own) on air pollution in the NCR, covering firecrackers, stubble burning and solid waste, and a petition seeking a ban on making firecrackers.
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 and fewer harmful particles than normal crackers. They were developed in India by the CSIR-National Environmental Engineering Research Institute (CSIR-NEERI), Nagpur, after the Supreme Court in 2018 allowed only "improved" or "green" crackers in Delhi-NCR. They are not pollution-free; they only pollute less. The Supreme Court has repeatedly chosen this middle path: regulate firecrackers strictly instead of banning them completely.
The court again said it does not want a total ban, but its earlier green-cracker orders work only if police and local officials stop illegal sales and bursting. The pending decision on barium will decide what chemicals green crackers may use in future.
Commission for Air Quality Management (CAQM)
The Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM) is a statutory body (a body created by a law of Parliament) that manages air pollution in Delhi-NCR and the nearby states of Punjab, Haryana, Rajasthan and Uttar Pradesh. It was set up first by an ordinance in 2020 and then by the CAQM Act, 2021. It replaced the earlier Environment Pollution (Prevention and Control) Authority (EPCA). Its directions override those of other bodies, including state pollution boards, on air quality in this region.
The Additional Solicitor General explained the steps taken by CAQM and the Delhi government, such as curbs on older vehicles and construction. The Supreme Court's message was that such plans must actually be enforced on the ground during the winter pollution season.
Article 21 and the Right to a Clean Environment
Article 21 of the Constitution says no person shall be deprived of life or personal liberty except according to procedure established by law. The Supreme Court has read "life" to mean a life with dignity, and that includes the right to breathe clean air and drink clean water. This is why courts can step in on air pollution even though the Constitution does not use the word "environment" in Article 21. Courts also use Article 48A (a Directive Principle asking the State to protect the environment) and Article 51A(g) (a citizen's duty to protect the environment) to support this right.
The court's remark that air pollution affects "every living being" reflects this Article 21 view. Its job here is to balance the festival tradition of bursting crackers with every person's right to breathe clean air.
- Bench: Justices M.M. Sundresh and Prasanna B. Varale
- Court's position: no complete ban on firecrackers in Delhi-NCR; strict enforcement of existing orders demanded
- Centre sought 3 weeks to finish consultations on barium in firecrackers
- Delhi measures from November: curbs on older vehicles and construction/demolition; staggered office timings
- Matters heard: suo motu case on NCR air pollution (firecrackers, stubble burning, solid waste); petition seeking a ban on firecracker manufacture
- Green crackers: developed by CSIR-NEERI, Nagpur; types SWAS, STAR, SAFAL; about 30% lower particulate emissions
- GRAP: 4 stages; Stage IV at AQI above 450
- CAQM: set up under the CAQM Act, 2021