In a significant development that could reshape India’s environmental policy, the SC on Friday questioned the basis for a firecracker ban that has been in place for over a year in Delhi-NCR. A bench headed by Chief Justice of India (CJI) Bhushan R. Gavai and Justice K. Vinod Chandran observed that if citizens in the NCR are entitled to clean air, so are people in other cities across the country.
The observations were made while hearing a batch of applications from firecracker traders and manufacturers, who argued that their livelihoods were being unfairly impacted by the year-long ban. “Just because Delhi is the Capital city and Supreme Court is situated here, should citizens in other cities not get pollution-free air?” the CJI asked, citing his own observation of severe pollution in Amritsar. The Court emphasized that any policy on banning firecrackers should be “pan-India” and not just for Delhi “where the elites are there.”
The traders, represented by senior advocates Dama Sesadari Naidu and K. Parameshwar, highlighted that their licenses, valid until 2027-28, were being revoked due to the court’s orders. They also pointed out that their “green cracker” formulations have not been adequately considered by the Centre and the expert body NEERI.
Aparajita Singh, the senior advocate assisting the court as amicus curiae, countered the “elite” argument by explaining that the extraordinary steps in Delhi-NCR were necessary because it is a land-locked region where air quality becomes “horrible” during winter months. She also clarified that it is the poor, who work on the streets, who suffer the most from pollution, while the wealthy often leave the city or use air purifiers. She added that when the court ordered a ban on construction activities, it also ensured compensation was provided to affected workers.
The bench acknowledged the plight of the poor who lose their livelihoods due to such bans. The court issued a notice on the applications and directed state authorities to maintain the status quo on the firecracker licenses. It also asked the Centre to submit a response, in consultation with NEERI, on the latest research regarding green cracker formulations. The next hearing has been scheduled for September 22, just ahead of the Dussehra and Diwali festivals.
The ban on bursting, selling, and manufacturing firecrackers in Delhi-NCR has been in effect since December 2024. The Supreme Court’s push for a nationwide policy could lead to a more consistent and comprehensive approach to air pollution across India.