Orders won't magically clean noxious air: CJI
New Delhi, Nov. 28 -- Chief Justice of India (CJI) Surya Kant on Thursday remarked that the judiciary does not possess a "magic wand" to cleanse Delhi's toxic air and that sustainable solutions must come from domain experts and governments rather than courtroom directives.
Making a pointed observation about the limits of judicial power in solving Delhi's air pollution crisis, the CJI stressed that only coordinated, long-term institutional measures, and not episodic litigation, can offer real relief to the millions gasping for clean air across Delhi-NCR.
"It is an issue concerning the entire Delhi-NCR. People are indeed suffering. But tell us what magic wand judiciary has to come up with for permanently fixing this? Can we pass orders and the air becomes cleaner?" the CJI asked senior advocate Aparajita Singh, who has been assisting the top court as amicus curiae in the long-running air pollution matter.
Responding to Singh's request for urgent listing, the CJI agreed to hear the case on December 1, even as he underlined the entrenched nature of the crisis and asserted that the matter must now be heard regularly instead of surfacing as a seasonal legal ritual.
"The air pollution matter has also become a ceremonial matter. The matter comes up when Diwali is approaching and then it disappears as the winter disappears. We have to hear it regularly now," he said.
Singh informed the bench that the Commission for Air Quality Management (CAQM), the expert statutory body overseeing pollution control in NCR, had proposed several short-term and long-term steps but that much of it remained "on paper", producing no tangible improvement.
The CJI observed that although many causes of pollution have been identified over time, a complete picture is still lacking and effective solutions can emerge only through expert assessments rather than judicial assumptions.
"Neither we are experts nor are the lawyers. Solutions will have to come from experts," said Justice Kant, adding that the court hopes the government has constituted relevant committees and expects domain-based recommendations when the matter is heard next.
"As far as we understand, some problems have been identified. But we need to identify all reasons. It is not because of one reason that it has been happening. It is for the domain experts to highlight the reasons, and solutions have to also come from them. Long-term measures will also have to be put in," the CJI told Singh.
The exchange unfolded on a day when Delhi's air quality remained in the "very poor" category despite marginal improvement after CAQM revoked Stage 3 restrictions under the Graded Response Action Plan (GRAP) on Wednesday evening. At 9 am on Thursday, the average AQI was recorded at 355 -- well above the threshold of 300 that denotes "very poor" air. The revocation came even as forecasts indicated no substantial improvement ahead, a move that raised further concern after the Supreme Court had, just a week earlier, asked CAQM to adopt a more "proactive" posture and tighten measures instead of easing them prematurely.
Thursday's concern over the toxicity of the air followed pertinent proceedings a day earlier when pollution levels interrupted normal courtroom functioning. On Wednesday, Delhi-NCR's suffocating air overshadowed multiple hearings in the Supreme Court, prompting CJI Kant to share his personal struggle with breathing difficulty after an evening walk and leading senior lawyers to request online appearances due to chest congestion and health complications.
Senior advocate Rakesh Dwivedi abruptly sought permission to leave mid-hearing citing respiratory discomfort, supported by senior advocate Kapil Sibal, who warned that the situation was "getting worse every year" and urged accommodation for elderly lawyers.
The bench, comprising CJI Kant and Justice Joymalya Bagchi, was hearing a plea involving the widening educational gap for students forced into online classes during pollution emergencies. The bench noted with disapproval that despite notices issued in September to the Centre and the Delhi government, no response had been filed, and summoned the Delhi education secretary.
Wednesday's hearing was not the first time the Supreme Court acknowledged the severity of the crisis. On November 13, Justice PS Narasimha had warned of "permanent damage" and advised lawyers to avoid physical appearances. The court has been seized of air pollution matters for years, issuing periodic directions, including a November 19 order approving major revisions to GRAP that shift stringent measures to earlier AQI stages....
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