Supreme Court Looks Beyond Festival Smog: Vehicle Emissions and Delhi-NCR's Air Pollution
The Supreme Court, hearing its suo motu case (a case the court starts on its own) on air pollution in the National Capital Region (NCR), said the problem is much bigger than the spike in the Air Quality Index (AQI) around Deepavali.
The court said Delhi and the NCR carry the "cumulative burden of vehicular traffic". This means pollution from the huge number of vehicles adds up day after day, not just during festivals.
It asked what has been done to regulate the entry and plying of vehicles from neighbouring States into Delhi. Heavy traffic on roads linking Delhi with Ghaziabad, Greater Noida, Gurugram and Faridabad was flagged.
The bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said immediate, medium-term and long-term measures are needed, and that court orders alone will not solve the problem.
For the Centre, it was explained that the measures include entry restrictions on certain vehicles, geo-tagging of Pollution Under Control (PUC) certificates and action against visibly polluting vehicles reported by the public.
On 6 November 2026, Delhi's overall AQI was 391, close to the "severe" category, with 30 of 59 monitoring stations in the "severe" range. The Centre said stubble burning made up about 14% of Delhi's pollution that day.
M.C. Mehta v. Union of India: The Delhi Air Pollution Case
M.C. Mehta v. Union of India (Writ Petition (Civil) No. 13029 of 1985) was a public interest case about air pollution in Delhi that ran in the Supreme Court for about 40 years. It was filed by the environmental lawyer M.C. Mehta in 1985. Through hundreds of orders in this one case, the Supreme Court shaped almost every major step Delhi has taken against air pollution: CNG buses, cleaner fuel, bans on old vehicles, a charge on trucks entering Delhi and an emergency action plan. In March 2026, the court closed this old case and replaced it with a fresh suo motu case on NCR air pollution.
The present hearing is part of the suo motu case that replaced the M.C. Mehta case in March 2026. By flagging the "cumulative burden of vehicular traffic" and asking about vehicles entering from neighbouring states, the court is continuing the same line of work on vehicles that began with the CNG and old-vehicle orders in the old case.
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 and the nearby region. It covers the NCR and adjoining areas of Haryana, Punjab, Rajasthan and Uttar Pradesh. Its orders override those of state pollution boards on air quality in this region. It is the body that runs the Graded Response Action Plan (GRAP).
The Supreme Court's questions on vehicles entering Delhi from neighbouring states fall in an area where the CAQM has already made recommendations. The NCR states are expected to respond to these CAQM suggestions and show how they will enforce them across state borders.
Article 21 and the Right to a Clean Environment
The right to a clean and healthy environment is a Fundamental Right in India, even though the Constitution does not use these exact words. The Supreme Court has read it into Article 21, which protects the right to life and personal liberty. The court's reasoning is simple: you cannot live a real life if the air you breathe or the water you drink is poisoned. This is the legal base on which courts hear cases like Delhi's air pollution case.
The Supreme Court's suo motu case on NCR air pollution rests on this right. Because clean air is part of the right to life, the court can question the Centre, Delhi and the neighbouring states on what they are doing about vehicle pollution.
- Bench: CJI Surya Kant, Justices Joymalya Bagchi and V Mohana; case: suo motu "Re: Issues of air pollution in NCR"
- Delhi AQI on 6 November 2026: 391 (near "severe"); 30 of 59 stations "severe"; Rohini worst at 475
- Stubble burning share of Delhi's pollution (Centre's estimate, 5 November 2026): about 14%
- Measures cited: entry restrictions on certain vehicles, geo-tagged PUC certificates, action on visibly polluting vehicles
- GRAP Stage IV trigger: AQI above 450
- M.C. Mehta case (WP 13029 of 1985) closed on 12 March 2026 and replaced by the suo motu case
- NCR old-vehicle limits: diesel 10 years, petrol 15 years (2018 order; action now allowed against such vehicles of BS-III or lower)