Top court rejects plea for drastic measures to curb air pollution
New Delhi, Nov. 18 -- The Supreme Court on Monday declined to impose sweeping pollution-control measures such as a year-round construction ban or blanket curbs on vehicular movement in Delhi-NCR, saying the Capital cannot be brought to a standstill in the fight against toxic air. A bench led by Chief Justice of India Bhushan R Gavai said the court could not halt economic activity or deprive thousands of migrant workers of their daily wages, even as forecasts indicated that air quality would worsen in the coming days.
Responding to senior advocate Gopal Sankaranarayanan, who described Delhi as a gas chamber and urged the court to impose stringent year-round restrictions, the CJI said governance decisions must balance environmental concerns with livelihood realities. The bench, also comprising justices K Vinod Chandran and NV Anjaria, observed that daily wage labourers from states such as Bihar and Uttar Pradesh depend on continuous economic activity and that any measure that abruptly stops their work could inflict disproportionate harm. "The solution proposed cannot be worse than the problem," the court remarked, adding that extreme ideas such as permanent construction bans or blanket mobility restrictions were never contemplated under existing law. The court noted that Delhi's air quality had again slipped into the "very poor" category and was projected to breach the "severe" mark later this week. Restrictions under the Graded Response Action Plan (Grap) have remained at Stage 3 since November 11, triggering bans on non-essential construction, limitations on polluting activities and enhanced enforcement at multiple sites. The bench stressed that the framework was created by domain experts who routinely model Air Quality Index (AQI) trends, and that courts cannot replace specialised regulatory mechanisms. "We do not possess expertise in this field," the CJI said, adding that interventions must remain consistent with scientific guidance and constitutional boundaries.
Rejecting Sankaranarayanan's plea that the court should "take a bold decision" and suspend all activities permitted even under the lowest stage of Grap for the entire year, the bench said such actions would not be sustainable. When the senior counsel suggested that courts should also move fully online if harsh restrictions were imposed, the CJI replied that such logic would require all institutions to stop functioning.
Sankaranarayanan argued that India's air-quality thresholds were lenient compared to international standards and urged compulsory carpooling, punitive cess on private cars and a blanket construction freeze. "A PM2.5 particle will remain in my child's lungs forever," he said, calling for urgent action. Additional solicitor general Aishwarya Bhati, appearing for the Centre, opposed indefinite curbs, warning that such steps would severely affect daily wage workers. She said the government had implemented measures under the highest permissible stage of Grap and would return with further steps if necessary.
Amicus curiae Aparajita Singh highlighted the gap between reduced stubble-burning numbers reported by Punjab and the persistent pollution levels in the National Capital Region. She said mechanised equipment supplied to farmers was not always used effectively or consistently and that continuing fires may be undermining progress. The bench said what was needed was a coordinated long-term strategy rather than short-term responses, and asked the Union government to bring stakeholders together to frame durable measures.
The reliability of Delhi's air-quality monitors also came under scrutiny. The amicus said several devices were outdated or unsuitable for the Capital's complex pollution mix, while the Centre maintained that Delhi used high-quality monitors. The bench directed the Union government to file a detailed note explaining the technical specifications and adequacy of the monitoring systems.
As the hearing proceeded, Delhi recorded another dip in air quality. The city's Air Quality Index stood at 359 at 8am, firmly in the "very poor" zone. Forecasts from the Early Warning System indicated a likely return to "severe" levels between November 17 and 19....
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