CJI Gavai said a pollution policy cannot be limited to Delhi, calling for a pan-India approach. The Court will hear the firecracker ban matter again on September 22.
New Delhi: The Supreme Court of India on Friday made an important observation while hearing a plea related to the ban on firecrackers in Delhi NCR. The Court said that it cannot make a policy only for Delhi, stressing that clean air is the right of every citizen across the country and not just the people of the capital region.
Chief Justice of India (CJI) BR Gavai, heading the Bench, remarked:
“If cities in NCR are entitled to clean air, why not people of other cities? Whatever policy has to be there, it has to be on a pan-India basis. We can’t have a policy just for Delhi because they’re elite citizens of the country.”
CJI Gavai further shared his personal experience of visiting Punjab last year during the winter months. He said:
“I was there in Amritsar in winter last year, and there the pollution was worse than in Delhi. If firecrackers are to be banned, then they should be banned throughout the country.”
The Court also heard submissions from Senior Advocate Aparajita Singh, who appeared as amicus curiae in the matter. She pointed out how privileged sections of Delhi society avoid the worst effects of pollution by leaving the city.
She stated:
“Elites take care of themselves. They go out of Delhi when there’s pollution.”
During the hearing, the counsel suggested that the authorities could take expert help to decide the safe composition of crackers instead of having a complete ban.
The counsel submitted:
“We can approach the NEERI and ask them what composition they want, and we can design the crackers accordingly.”
Responding to this, the Court directed Additional Solicitor General Aishwarya Bhati to collect a detailed report from the Commission for Air Quality Management (CAQM) to assist in the matter.
This case was linked to the Court’s earlier order of April 3, 2025, when it had declined to relax the ban on the manufacture, storage, and sale of firecrackers in Delhi NCR, saying that pollution levels remained at alarming levels for a long period of time.
After hearing the submissions, the Supreme Court decided to list the matter again for further consideration on September 22, 2025.
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Case Title:
MC Mehta vs. Union of India
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