Delhi’s air pollution crisis returned to the Supreme Court, with the bench questioning the limits of judicial intervention and calling for accountability. The Court will review the issue again on Monday amid growing health concerns and GRAP implementation delays.
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NEW DELHI: The issue of rising air pollution in Delhi was mentioned before the Supreme Court today. The matter concerning severe air pollution in Delhi-NCR, as air quality continues to deteriorate with the onset of winter. The Supreme Court observed that judicial bodies alone cannot resolve the escalating air pollution crisis in Delhi-NCR.
During the hearing, Amicus Curiae Aparajita Singh told the court that the situation has reached the level of a health emergency. She stated,
“It is a health emergency.”
The court acknowledged the seriousness of the crisis. Chief Justice of India (CJI) Surya Kant stated that the Court does not possess any “magic wand” to instantly clean the air and emphasized the need for scientific and expert-based solutions. Justice Kant said,
“It is a very bad situation, but what magic can the court do?”
He highlighted that pollution has multiple causes, and no single factor can be blamed. Therefore, only domain experts, scientists, and specialized committees can determine effective interventions.
Singh pointed out that the matter has been pending for 25 years, yet problems persist due to poor implementation, even though GRAP Stage 4 restrictions are currently in place.
Responding to this, Justice Kant said that the court will monitor the issue regularly. He remarked,
“The causes have to be identified. When winter comes the matter appears and then it disappears.”
The Court agreed to hear the matter in detail on Monday, December 1, promising continuous monitoring rather than seasonal attention around Diwali.
“This matter is also listed in a ceremonial way during Diwali season. Let us have regular monitoring,”
the CJI said.
The bench has decided to take up the matter again on Monday.
Earlier, the Court had:
- Requested a status report from the Commission for Air Quality Management (CAQM) after learning many air quality monitoring stations were shut down during Diwali.
- Sought reports from Punjab and Haryana on steps taken to curb stubble burning, a major contributor to smog in northern India.
- Directed the Delhi government to submit details on the type and efficiency of AQI measurement equipment being used.
Medical experts have recently urged residents, especially those with respiratory conditions, to leave Delhi temporarily until pollution levels drop.
The Court had previously permitted the burning of green crackers during Diwali in Delhi and surrounding regions, but worsening pollution levels have intensified criticism of seasonal measures.
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Yesterday, on Nov 26, Chief Justice of India Surya Kant expressed concern over Delhi’s hazardous air quality, saying even simple activities like walking have become difficult. The CJI shared that a 55-minute walk recently left him feeling unwell the next day.
The comments were made after Senior Advocate Rakesh Dwivedi sought permission to appear virtually due to health issues caused by pollution. Supporting the request, Senior Advocate Kapil Sibal noted that exposure at their age can be dangerous. Dwivedi suggested that lawyers aged 60 and above be allowed virtual appearances until air quality improves.
The CJI said the proposal would be discussed with the Bar Association, emphasizing that any decision must be uniform for all.
The Court has repeatedly highlighted the urgent health risks of rising AQI levels, which currently remain around 300–350 in Delhi-NCR. Recently, the bench also asked CAQM and CPCB to submit updates on anti-pollution measures, with concerns raised about several non-functional monitoring stations crucial for enforcing GRAP.
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