Supreme Court allows certified manufacturers production green crackers in Delhi-NCR but upholds the ban on sale, emphasizing that ‘the whole area is one air share’.
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NEW DELHI: The Supreme Court of India is currently hearing a petition regarding the firecracker ban in the Delhi-National Capital Region (NCR). The case, registered as M.C. Mehta v. Union of India (W.P. (C) No. 13029/1985), was initiated as a public interest litigation by environmentalist M.C. Mehta, focusing on the environmental and health impacts of firecrackers.
The bench, comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran, examined the petition alongside arguments from various stakeholders, including manufacturers, government agencies, and environmental experts.
The Court on Friday allowed certified manufacturers to produce green firecrackers in Delhi-NCR but barred their sale in the region. Only manufacturers authorized by NEERI and PESO will be permitted.
The Court also directed the Centre to work with stakeholders and present a solution on the sale and storage ban by 8th October 2025.
CJI B.R. Gavai remarked:
“If cities in NCR are entitled for clean air, why not people of other cities?…Whatever policy has to be there, it has to be on a pan-India basis. We cannot have a policy just for Delhi because they are elite citizens of the country.”
He further observed:
“I was in Amritsar last winter and the pollution there was worse than in Delhi. If firecrackers are to be banned, they should be banned throughout the country.”
Highlights from the Proceedings
Regulating Production and Sales:
Counsel for manufacturers highlighted the challenges they face due to the ban:
“We are the only set of manufacturers affected by the ban; our factories have been shut for a year.”
They sought limited permissions to transport their products to other parts of the country, emphasizing that they were not asking for a blanket order. K. Parameshwar, representing manufacturers, stated,
“I am not seeking a blanket order, just permission to transport our products to other parts of the country.”
Verification and Market Control:
Counsel for the Central Pollution Control Board (CAQM) stressed the need for proper verification of green crackers:
“Interests of all stakeholders must be balanced; green crackers’ composition should be verified and approved.”
However, concerns were raised over the lack of a market-level mechanism to ensure compliance:
“There is no market-level testing currently,”
observed the counsel.Sr. Adv. Balbir Singh noted,
“Regular checks and surprise market visits are conducted.”
The Chief Justice questioned the adequacy of these controls, asking,
“Does the PCB have a mechanism to control this?”
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Balancing Health and Livelihoods:
The Court emphasized the health risks posed by firecrackers. The amicus curiae pointed out,
“While I support the right to livelihood, the elderly and infirm suffer; even an hour of exposure can send them to the hospital.”
The Chief Justice highlighted the difficulty in enforcing the ban without a clear control mechanism:
“If manufacturers follow the norms, what’s the problem in allowing production? Extreme orders cause issues.”
Yet, the Court also underscored the shared air quality problem across states:
“The whole area is one air share. It cannot be like Delhi will breathe different air and Haryana, Rajasthan will breathe different.”
The Supreme Court has proposed a balanced approach. Licensed manufacturers under NEERI and PESO are now permitted to produce green crackers, but no sale is allowed in the NCR until further orders. The CJI stressed:
“Licenses of such manufacturers should be cancelled immediately. We’ve asked the ASG to involve all stakeholders and propose a workable solution acceptable to everyone.”
The Union government has been tasked to consult all stakeholders and present a comprehensive plan, keeping in mind public health, environmental impact, and the livelihood of workers.
The matter is scheduled to be heard next on 8th October 2025.
Background
- The firecracker ban was first imposed by the National Green Tribunal in 2017, and later endorsed by the Supreme Court in 2018.
- The April 3, 2025 order reaffirmed a year-round ban on the sale, manufacture, and storage of firecrackers in Delhi and NCR districts of UP, Haryana, and Rajasthan due to “horrible” air quality.
- Neighboring states extended similar restrictions.
- While a nationwide ban could effectively outlaw firecrackers, enforcing it remains a challenge, as illegal bursting persists during Diwali.
Case Title:
M.C. Mehta v. Union of India
W.P. (C) No. 13029/1985
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