The Supreme Court directed Delhi-NCR states to implement Stage 4 pollution control measures under the Graded Response Action Plan regardless of any temporary improvement in air quality. It emphasized the constitutional duty to ensure a pollution-free environment, instructed a halt to physical classes for students, and called for better monitoring of stubble burning using advanced satellite technology.
New Delhi: The ongoing air pollution crisis in the Delhi-NCR region has escalated to such a level that the Supreme Court has taken an unprecedented step to ensure the implementation of stringent pollution control measures.
On Monday, the Supreme Court ordered that Stage 4 pollution curbs under the Graded Response Action Plan (GRAP) must remain in effect, even if the Air Quality Index (AQI) falls below 450. This decision comes in response to rising air pollution levels that have been consistently impacting public health, and it underlines the Court’s determination to safeguard the constitutional right of citizens to live in a pollution-free environment.
A Constitutional Duty to Protect Citizens from Pollution
The Supreme Court’s intervention is rooted in the fundamental right to a pollution-free environment as enshrined under Article 21 of the Constitution, which guarantees the right to life. A bench of Justices Abhay S Oka and Augustine George Masih emphasized that both the Centre and the state governments must ensure that air pollution does not endanger the health and well-being of citizens. “It is the constitutional duty of both the Centre and the states to ensure that all citizens live in a pollution-free environment,” the bench observed during the hearing. The Court’s clear stance is that no delays or compromises will be tolerated in implementing measures to curb air pollution.
Delay in Implementing Pollution Control Measures
One of the key issues raised by the Court was the delay in activating the Graded Response Action Plan (GRAP) protocols, particularly Stage 4, which is triggered when the AQI reaches hazardous levels. The AQI in Delhi-NCR had already crossed 450 by November 18, but the implementation of Stage 4 restrictions was only enforced after the Court’s intervention. The Court pointed out that the Commission for Air Quality Management (CAQM) had been waiting for the AQI to worsen further, which the bench described as the “wrong approach.”
The Supreme Court observed that preventive measures should have been initiated earlier, in anticipation of deteriorating air quality, rather than waiting for the AQI to cross the threshold limits. The bench stressed that the CAQM should not wait for improvements in air quality before enforcing curbs, and it directed the Commission to ensure that Stage 4 restrictions are enforced even if the AQI drops below 450.
“We make it clear that till further orders are passed by this court, implementation of Stage 4 will continue even if AQI level drops below 450,”
said the Court.
What is Stage 4 of GRAP?
Stage 4 of the Graded Response Action Plan (GRAP) is the most stringent level of response to air pollution and is implemented when the AQI is categorized as severe. Under this stage, several activities are either banned or restricted to prevent further deterioration of air quality, including:
- A complete ban on construction and demolition activities.
- Closure of schools and educational institutions.
- Implementation of the odd-even vehicle scheme, aimed at reducing the number of private vehicles on the road.
- Restrictions on the entry of trucks into Delhi, except those carrying essential goods.
These measures are aimed at curbing the major sources of pollution, which include vehicular emissions, industrial activities, and construction dust. The odd-even scheme limits the number of vehicles on the roads based on their license plate numbers, ensuring that fewer cars are on the streets at any given time. These curbs are designed to protect public health during periods of hazardous air quality.
Impact on Schools and Students
The Supreme Court also addressed the health risks posed to students by the poor air quality, particularly for children attending physical classes. The Court directed that all Delhi-NCR states take immediate action to decide whether physical classes for students up to Class 12 should be suspended.
“All Delhi-NCR states must immediately take a call on conducting physical classes up to Class 12,”
the Court ordered, recognizing that children are more vulnerable to air pollution. The decision reflects the Court’s concern for the safety of students, with the aim to minimize their exposure to harmful pollutants.
Satellite Data Gaps in Tracking Stubble Burning
Another critical issue raised during the hearing was the lack of accurate and timely data on stubble burning, one of the primary contributors to the pollution crisis in Delhi.
The Supreme Court pointed out the limitations of the current satellite monitoring system used by the Indian Space Research Organisation (ISRO), which relies on polar-orbiting satellites to track farm fires. These satellites provide images of farm fires only at specific intervals—around 10:30 AM and 1:30 PM each day—meaning that fires occurring outside of these times are not captured.
A senior advocate pointed out that a stationary Korean satellite had been able to capture farm fires over a broader timeframe, detecting approximately 420 instances of stubble burning. The Court noted the inadequacy of polar-orbiting satellites for continuous monitoring and directed the Centre and the Commission for Air Quality Management (CAQM) to make arrangements for acquiring data from stationary satellites, like the Korean satellite, for more comprehensive monitoring.
Strengthening Pollution Control Measures
The Supreme Court’s ruling is part of a larger effort to combat air pollution in Delhi and its surrounding regions. Earlier in the week, the Court had already highlighted its concern over the proliferation of pollutants due to various sources such as stubble burning, vehicular emissions, industrial pollution, and garbage burning. The Court had specifically noted the failure of states like Punjab and Haryana to prosecute farmers for stubble burning, despite clear directives from the CAQM.
The Court has also been considering a permanent ban on firecrackers in Delhi, especially during the festival season, as a measure to curb pollution from toxic smoke and particulate matter. On November 11, the Court took strong action against the violation of the firecracker ban during Diwali, criticizing the lack of enforcement and urging the Delhi Police to take stricter measures.
A Call for Urgent Action on Air Quality
The urgency with which the Supreme Court is addressing Delhi’s air pollution crisis cannot be overstated. As Delhi’s AQI worsens, with levels reaching “severe” pollution thresholds, the Court’s directive reflects its commitment to ensuring that the Graded Response Action Plan (GRAP) is strictly enforced to protect the health and safety of citizens. By directing the continuation of Stage 4 restrictions even if AQI levels drop, the Court has signaled that air quality management requires more than just reactive measures; it demands proactive, sustained action to safeguard public health.
The Court’s decision to tackle air pollution by enforcing stricter curbs on construction, industrial activities, and vehicular emissions, as well as ensuring the suspension of physical classes for students, highlights the need for immediate and decisive action. The Supreme Court has made it clear that protecting citizens from pollution is not just an administrative task but a constitutional obligation that must be met with urgency.
Conclusion: The Road Ahead for Delhi-NCR
As Delhi and its neighboring states continue to face escalating air pollution levels, the Supreme Court’s recent ruling has underscored the critical importance of consistent and stringent enforcement of pollution control measures. With Stage 4 GRAP restrictions now in place, the governments of Delhi and NCR must take swift action to implement these curbs effectively and comprehensively. The Court has also set the stage for further hearings, which will delve deeper into the data collection processes, the responsibility of states to ensure compliance, and the legal framework for tackling pollution sources like stubble burning and vehicular emissions.
The Supreme Court’s decision marks a significant milestone in the fight against air pollution in Delhi-NCR. However, it is clear that the path forward will require continued vigilance, robust enforcement, and collaboration across all levels of government to address the environmental and public health challenges posed by Delhi’s toxic air. The city’s residents can only hope that these measures will help create lasting change and pave the way for a healthier, cleaner future.
Case Title – MC Mehta v. Union of India
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