Delhi Air Pollution Crisis | CJI Surya Kant warns against politicising stubble burning

Today, a Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi stated that the Delhi air Pollution matter will not be a seasonal listing and will be taken up regularly. The Chief stated that the matter cannot be customarily listed in October every year. He added that the air quality had also improved in the national capital since the last date of hearing. .

At the outset, CJI Surya Kant asked the authorities to explain what the existing plans had achieved on the ground. He said the Court could not assess effectiveness unless the full list of steps taken was placed before it.

On the last day, the Court reviewed the Union’s short and long term plans and flagged weak enforcement of measures issued by the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB).

Union outlines short term plan

Additional Solicitor General Aishwarya Bhati said the Union has filed an affidavit that set out the short term plan. She said the CAQM sits with each state government and prepares action plans after reviewing the main contributors to pollution. She named stubble burning, vehicular pollution, construction dust, road dust and biomass burning as the key sectors identified by the authorities.

Bhati offered that the Union can provide an overview of the steps taken in each of these heads and place them on record. Further, she added that the state governments of Delhi, Punjab, Haryana and other NCR states participate in the CAQM meetings and the authorities continue to monitor effective implementation. She then stated that the active stubble-burning period lasted only about fifteen days this season.

CJI questions selective focus

CJI Surya Kant said stubble burning should not become a political matter or a way to shift responsibility to those who are “hardly represented before us”. Justice Joymalya Bagchi said burning was not the only contributor and asked how far the construction ban had actually been implemented.

Bhati said the target of zero stubble burning had not been achieved and described burning as a period activity. CJI Surya Kant asked how much it had contributed and said that burning took place during the COVID years as well, yet the public could see “clear blue skies and stars”. He said the authorities must look at other causes with equal seriousness.

Court seeks report on measures addressing non-stubble factors

CJI Surya Kant stated that the Court wants to see both long term and short term action plans. He added that noted that none of India’s cities were planned for the present population scale or the assumption that every household would own multiple cars.

He stated that the solution must come from experts, with the Court providing a platform for all stakeholders to deliberate.

The Bench directed the Union to file, within one week, a report on the measures taken to address contributors other than stubble burning.

The Court will continue to hear the matter on 10 December.