The Supreme Court discussed Delhi-NCR’s air pollution and resisted a proposal to form a committee of former judges to oversee stubble burning measures. The Centre argued existing frameworks were sufficient, despite claims of increasing burnt farmland areas contradicting the Commission for Air Quality Management. The Court emphasized the need for accurate data and coordinated efforts to tackle pollution effectively.
New Delhi: The ongoing battle against Delhi-NCR’s air pollution took center stage in the Supreme Court on Friday as the Centre resisted a proposal to appoint a committee of former apex court judges to oversee measures tackling stubble burning. The proposal was suggested by senior advocate and amicus curiae Aparajita Singh, citing the expertise of retired judges in handling environmental and agricultural disputes.
However, the Central government argued that the current framework under the Commission for Air Quality Management (CAQM) is sufficient and that adding another layer of oversight would complicate efforts rather than enhance them.
Proposal for a Judicial Committee
The amicus curiae recommended forming a committee comprising former Supreme Court judges, particularly those familiar with pollution and stubble-burning issues. Citing precedents, Singh referred to the bench led by Justice Madan B. Lokur, which had previously dealt with related cases.
In 2020, the apex court, under then-CJI Justice S. A. Bobde, had set up a Justice Lokur-led panel to address stubble burning. However, this order was later recalled. Building on this earlier initiative, Singh proposed that a similar committee could “efficiently oversee the situation and hear individual grievances.”
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She argued that a fact-finding committee of experienced judges could ensure a more comprehensive approach by involving all stakeholders, including farmers and government authorities.
Centre’s Strong Opposition
The suggestion met with sharp resistance from Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre. Bhati maintained that the government and CAQM were already addressing the stubble-burning issue effectively.
“We strongly oppose this suggestion. There is no need for an additional judicial committee as your lordships are already monitoring the situation. We are answering all concerns, correcting shortcomings, and making progress,”
ASG Bhati asserted.
She emphasized that creating “any more tiers” would be counterproductive and could disrupt the current momentum in combating pollution.
Discrepancies in Data and Monitoring
During the proceedings, senior advocate Gopal Sankaranarayanan highlighted the worsening of Delhi’s air quality due to changing seasonal wind patterns and the timing of stubble burning. The amicus flagged discrepancies in data reported by the CAQM and other sources concerning burnt farmland in Punjab and Haryana.
Singh pointed out that the burnt area in Punjab had increased by 24%, rising to 19.1 lakh hectares in 2023 compared to 15.1 lakh hectares in 2021. Similarly, Haryana witnessed a significant rise, with burnt areas escalating from 3.5 lakh hectares in 2021 to 8.3 lakh hectares in 2023.
This data contradicted CAQM’s claims of reduced stubble burning in Haryana, prompting Singh to question the accuracy of the commission’s reports.
“The burnt area in Punjab and Haryana, as reported by other sources, contradicts CAQM’s claims of a reduction in farm fires. There needs to be a reliance on scientifically validated protocols with participation from experts and state authorities,”
Singh argued.
ASG Bhati defended CAQM’s methodologies, cautioning against relying on “unverified sensors,” which could compromise the integrity of the data.
Court’s Observations on Satellite Monitoring
The Supreme Court stressed the importance of accurate data, particularly regarding the extent of burnt areas.
“While satellites can detect farm fires, the burnt area shows their exact extent. We would like to have that data,”
the Bench noted.
To improve real-time monitoring, the Court had earlier directed the use of geostationary satellites, like those employed by ISRO, instead of NASA’s polar-orbiting satellites, which have limited time windows for data collection.
Need for a Comprehensive Approach
The Court acknowledged the challenges in addressing stubble burning but emphasized the necessity of accurate monitoring and coordinated efforts. It directed the Centre and CAQM to ensure compliance with its directives by procuring reliable data and involving state governments. The next hearing will review the effectiveness of these measures and explore whether additional interventions are necessary.
A Balancing Act
The proposal for a judicial committee raises important questions about the balance between judicial oversight and administrative efficiency. While the Centre insists that existing frameworks suffice, concerns over discrepancies in data and inadequate implementation suggest room for improvement.
As Delhi-NCR continues to grapple with hazardous pollution levels, the debate highlights the urgency of “thinking in the larger interest of society,” as noted in recent Supreme Court observations. Whether through judicial intervention, scientific advancements, or policy reforms, the ultimate goal remains the same: reducing pollution and safeguarding public health.
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