'Why limit firecracker ban to Delhi-NCR': Supreme Court seeks pan-India policy

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran was hearing pleas concerning regulation of firecrackers in the national capital region.

New Delhi: The Supreme Court on Friday asked why anti-pollution measures like the crackers ban were limited to Delhi alone, emphasising the need for clean air for every citizen across the country. 

A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran said that if the cities of NCR (National Capital Region) have the right to clean air, then why don’t the people of other cities? 

The bench observed that just because it is the capital city and the apex court is situated in this area, “we should have pollution-free air, but not the other citizens in the country?”

A senior counsel said citizens of Delhi literally choked due to pollution, and in winters, it is impossible to breathe, and emphasised that pollution is a national problem.

Amicus Curiae Senior Advocate K Parameshwar said that a ban on firecrackers for the period from October to February would have been justified, but a complete ban on its manufacturing, trading and selling would affect the livelihood of many. 

The CJI recalled that last winter, he was in Amritsar on Guruparb day, and he was told that the pollution in Amritsar was higher than in Delhi.He emphasised, if a policy were to be made, then it has to be made on a pan-India basis. 

“We can't have special treatment for Delhi because people in Delhi are elite,” the CJI said.

Senior advocate Aparajita Singh, the amicus curiae in the case, submitted that the elite class takes care of itself, and whenever there is pollution, they move out of Delhi.

She said the elites have air purifiers, but the people on the streets do not have a choice."Therefore, we should have a policy for the entire country, and a separate policy should not be there for only the national capital, and if firecrackers are banned, then let them be banned throughout the country," the bench said.

The court also noted there are also poor who depend on the industry.The bench asked a ban is put on construction, but what about the workers during that period. The court was informed that the state has disbursed crores of rupees to the construction workers from the fund allocated for them, and the court has already taken care of that aspect.The court sought a report from the Commission for Air Quality Management (CAQM) in the matter. 

Additional solicitor general Aishwarya Bhati informed the bench that it will be in consultation with the National Environmental Engineering Research Institute (NEERI), as it has been working on green crackers. The court said that NEERI's views should be considered before the report is submitted and fixed the matter for consideration after two weeks.

A counsel said his clients have been taking their crackers to NEERI and sought their suggestions on bringing down the pollution levels, and emphasised that the authorities have started to revoke all their licences, and acquiring a licence is a very tedious process. 

The court said it will hear the matter on September 22.The apex court was considering a plea against its April 2025 order that banned the sale, storage, transportation and manufacture of firecrackers in the Delhi-NCR region, saying it was necessary.

A bench of Justices Abhay S Oka (since retired) and Ujjal Bhuyan dismissed applications filed by traders to reconsider the ban on crackers or reduce the prohibition to three or four months a year.