SC Questions Delhi-Only Firecracker Ban: “Clean Air Can’t Be Just for Elites,” Seeks Pan-India Policy

The Supreme Court on Thursday questioned the selective imposition of firecracker restrictions in Delhi-NCR, observing that if residents of the national capital are entitled to clean air, the same right must extend to citizens across India.

A bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran, hearing pleas on regulating firecrackers in the NCR, said any policy on the issue should be uniform nationwide.

“If cities in NCR are entitled for clean air, why not people of other cities? … Whatever policy has to be there, it has to be on a pan-India basis. We cannot have a policy just for Delhi because they are elite citizens of the country,” the CJI remarked, adding that pollution in cities like Amritsar last winter was “worse than in Delhi”.

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  • Amicus curiae Aparajita Singh submitted that “the elites take care of themselves” and often leave Delhi during peak pollution.
  • ASG Aishwarya Bhati, for the Centre, said NEERI is examining the feasibility and standards for “green crackers” to reduce emissions.
  • Counsel for firecracker manufacturers urged that NEERI prescribe permissible chemical compositions, which the industry would incorporate.
  • Senior advocate K. Parameshwar flagged that, alongside restrictions, authorities were cancelling existing licences, adversely impacting businesses.
  • The bench asked the Centre to obtain a detailed report from the Commission for Air Quality Management (CAQM) on the broader policy and enforcement framework.
  • It ordered status quo on the cancellation of firecracker licences until the next hearing.
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The matter has been listed for September 22 for further consideration, including the CAQM’s report and updates on NEERI’s green-cracker evaluation.

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