New Delhi: The Supreme Court on Friday observed that restrictions on firecrackers should not be limited to the national capital alone, stressing that citizens across India deserve the right to pollution-free air. Chief Justice of India (CJI) B.R. Gavai noted that a uniform national policy was needed ahead of the upcoming festival season and the approaching winter, when pollution levels usually spike.
Court questions limited scope of ban
The bench pointed out that air pollution was not a problem restricted to Delhi or the National Capital Region (NCR). “Just because this is the national capital city or the Supreme Court is situated here, it should have pollution-free air and not the other parts of India?” CJI Gavai remarked.
Senior advocate Aparajita Singh, acting as amicus curiae in the air pollution cases, said the worst sufferers were not just the wealthy but also daily wage earners and construction labourers who face hazardous conditions during winter. “Winters are impossible,” she added, highlighting that Delhi’s residents often “choke from the pollution.”
The CJI further cited his own experience in Amritsar, where pollution levels last winter were said to be worse than in Delhi. He emphasised that air quality concerns are nationwide and cannot be treated as a localised issue.
Industry raises concerns
Senior advocate K. Parameshwar, appearing on behalf of the firecracker industry, argued that licences valid until 2028 were being revoked after the apex court in April 2025 confirmed a complete ban on the sale, manufacture and production of firecrackers in Delhi and NCR.
The April order dismissed pleas by traders who had sought a relaxation of the ban for three to four months in a year. The court reasoned that such exemptions would be ineffective since firecrackers could be stockpiled and sold during the restricted period.
The court also placed the onus on manufacturers to prove that “green crackers” are scientifically improved and cause minimal pollution before any rethinking of the ban could be considered.
Demand for uniform policy
The Supreme Court observed that if firecrackers are to be banned, the measure should apply across the country. It also stressed the need to consider the livelihoods of those working in the industry, many of whom come from economically weaker backgrounds.
“The poor who are dependent on this industry have to be looked into,” CJI Gavai said, suggesting that a balanced policy must address both environmental concerns and employment issues.
Next steps
On Friday, the bench directed the Commission for Air Quality Management (CAQM) to submit a report on possible nationwide measures to curb pollution caused by firecrackers. The matter has been listed for further hearing in two weeks.
Conclusion
The Supreme Court’s oral observations signal a shift towards tackling air pollution through a pan-India policy rather than restricting measures to Delhi and NCR. The upcoming festive season and winter months will be a test for the government and the judiciary in implementing effective solutions that protect public health while addressing the concerns of those dependent on the firecracker industry for their livelihood.