Delhi Pollution Crisis | SC calls winter pollution curbs “old, tried and failed”

As the winter chill sets in and Diwali approaches, Delhi’s rising air pollution returned to the Supreme Court’s agenda on its final working day before the festive break. A Bench led by Chief Justice Surya Kant heard arguments on mitigating vehicular emissions, stubble burning, and key contributors to poor air quality. “We hope all of you are enjoying Delhi weather,” the CJI remarked, as the city braces for another season of severe winter smog.

On 29 October, the Supreme Court allowed the temporary manufacture and sale of certified green crackers, restricting their use to specified hours on 7 and 8 November.

Stubble caught in a crop cycle

Additional Solicitor General Aishwarya Bhati referred to the Ministry of Earth Sciences’ Decision Support System for Air Quality Management in Delhi. It showed that stubble burning contributed 14 per cent of Delhi’s pollution on 5 November. She submitted that transport was the largest local source of pollution, arguing that farm fires aggravated the pollution already generated within Delhi. The CJI agreed that attention needed to extend beyond stubble burning to local sources of pollution.

The Bench observed that delayed paddy harvesting, caused by Punjab’s water conservation law, had pushed the stubble-burning season into the period when farmers sow wheat. Amicus Curiae Senior advocate Aparajita Singh pointed to the difficulties small farmers faced in using machinery, including the cost of fuel and the limited economic viability of equipment for individual farms. CJI Surya Kant suggested that stubble could be acquired at a notified rate, allowing farmers to know in advance how much they would earn by handing it over for commercial use. He also suggested providing machinery to gram panchayats, so that equipment could be shared across several farms rather than purchased by individual farmers.

Bhati said existing schemes provided machinery to small and marginal farmers at minimal or no cost, while larger farmers could rent it. She agreed to place the Court’s suggestions before the Agriculture Ministry. The Bench suggested that the Food Corporation of India and other agencies could purchase and store stubble, allowing it to be used commercially rather than burnt.

Bench questions recurring vehicular pollution

The Court questioned the effectiveness of vehicular pollution controls, including the transition of NCR autorickshaws to CNG or electric modes by 1 January 2027. CJI Surya Kant asked why pollution persisted despite these measures, pointing to vehicles entering Delhi from neighbouring states. “Even if a vehicle enters Delhi for just two hours and then leaves, those two hours are enough to cause damage,” he said, questioning how authorities could monitor fuel quality, emissions and vehicle condition at entry points. Singh flagged vehicles idling at border toll plazas, saying earlier directions to the National Highways Authority of India (NHAI) and the Municipal Corporation of Delhi (MCD) remained incompletely implemented. Bhati said nine major toll plazas, accounting for 90 per cent of traffic, had installed multi-lane free-flow systems and were undergoing testing. Singh sought a response from the Commission for Air Quality Management (CAQM).

CJI Surya Kant questioned whether temporary restrictions on vehicles and construction could address pollution that returned every winter. While the amicus said pollution levels hovered around 400 AQI, the Union attributed worsening air quality to limited dispersal during colder months. Calling the restrictions “old, tried and failed measures”, the Chief asked whether authorities had adopted scientific methods beyond temporary curbs.

Children breathe the pollution

Singh argued Delhi was hovering around Stage III of the Graded Response Action Plan (GRAP), while children continued to participate in outdoor activities. She submitted that the city’s average AQI could conceal more severe pollution in individual areas where schools were located.

The Bench observed that Delhi was already regularly experiencing very poor air quality and suggested concentrating on severe and very severe conditions. Justice Bagchi said the Court would defer to expert bodies on the classification of pollution-related restrictions and was reluctant to impose restrictions on children’s school attendance. He also questioned whether online education could provide a meaningful alternative, particularly for children who depended on school meals or lacked reliable access to digital learning. Justice Bagchi cautioned against courts assuming that they were the final experts on every issue, asking whether paediatricians had been consulted before claims were made about children’s health.

Bhati said the authorities were preparing status reports, while agreeing to take the Court’s suggestions on stubble management to the Ministry of Agriculture.