'CAQM Failing in its duty': Supreme Court to pollution watchdog, seeks report on major causes of crisis

New Delhi: The Supreme Court on Tuesday said that the Commission of Air Quality Management (CAQM) "is failing in performing its duty" as it directed the statutory body to convene a meeting of experts in two weeks and submit a report on major causes of the worsening pollution in Delhi NCR.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the Commission should adopt a graded approach towards tackling worsening air pollution and identify the causes attributable to it.

The court said that the expert body should pinpoint the reasons behind rising pollution levels and provide approximate attribution, while cautioning against rigid mathematical quantifications like assigning 40 per cent or 20 per cent responsibility.

"First of all, as an expert body, have you been able to identify the causes that is most important. Question of the solution will be the second stage. Are you convinced what are the causes and which cause is attributable to what extent. During all these days, a lot of material is coming into the public domain, experts are writing articles, people are having opinions, they keep on sending to us by mail," the bench asked the panel.

The bench told Additional Solicitor General Aishwarya Bhati what appears to be heavy vehicles, like buses and trucks, contributing the largest part.

"How do you plan to address that issue, second attribution can be to construction going in the NCR. It is a developing area, in dire need of housing and commercial activity but if construction is becoming a cause, how will you address it, during which period you will allow the construction," the bench asked her.

The bench said that by holding a meeting on January 2, 2026, and telling the court that they will come after two months, that was not acceptable.

Bhati sought either two weeks or three weeks’ time to come back to the court on the way forward.

The court said, it does not claim to be a super expert on the issue, but will provide a platform for informed deliberations to ensure transparent and accountable decision-making.

The bench observed that it was easy to blame buses and trucks for pollution, but how would the common man commute if buses were halted. The bench also noted that the air pollution is often pinned on farmers without adequate assessment of other contributing factors.

The bench observed that sources of pollution are complex and require a deeper analysis. The bench, citing the Covid-19 pandemic period, observed that stubble burning was at its peak at the time, yet the capital saw clear blue skies. The policy responses must be based on scientific evidence rather than assumptions, it said.

The court rapped the central pollution watchdog for seeking a two-month adjournment on the issue of temporary closure or relocation of toll plazas at Delhi borders to ease traffic congestion.