Supreme Court’s evolving role in mitigating Delhi’s air pollution crisis

A bench of Justices A.S. Oka and A.G. Masih has been monitoring the air pollution crisis in the National Capital Region (NCR) since 18 November. While initially, the bench was focused on the depleting air quality, in recent hearings the discussions in the court also pertained to issues such as payment of allowances for daily wage workers affected by the ban on construction activities after the Graded Response Action Plan (GRAP) Stage IV was implemented across NCR. 

Yesterday on 12 December 2024, the Court ventured into addressing long-term solutions to the issue rather than temporary measures to bring down the Air Quality Index (AQI). These include a curb on vehicular emissions, industrial waste, garbage fires and solid waste management. This marks a shift in the Court’s approach to the problem from one that cures, to one that prevents. 

Order amid chaos 

Yesterday, Additional Solicitor General Aishwarya Bhati submitted that “Meteorological conditions are still the driving force,” in the pollution crisis. This was in response to Justice Oka inquiring about the current GRAP status. She added, “The only thing we can do is we do not add to the pollution”. Senior Advocate Aparajita Singh, appearing as amicus curiae, countered Bhati, pointing out that much of the damage occurred due to reckless monitoring. Singh remarked, “If it is monitored even with half of the intensity that is required, we wouldn’t reach this situation.”

After studying the “fluctuating” figures of the AQI, the Division Bench, on 5 December, had permitted the Commission for Air Quality Management (CAQM) to take a call in reducing the Stage IV restrictions in Delhi to Stage II, “in view of the improvement of the situation”. The same evening, the CAQM withdrew both Stage III and IV restrictions in Delhi-NCR, and implemented Stages II and I.

CAQM has now proposed integrating certain GRAP III measures, such as mechanised sweeping and water sprinkling, into GRAP II.

Shifting gears or charging ahead? 

In a move to have a long-term impact, Justice Oka suggested that government-owned vehicles could go electric as they form a significant share of vehicles operating in the region. This could substantially reduce vehicular emissions. ASG Bhati responded that deliberations in that direction were ongoing. Singh added that the Delhi government was leaning towards purchasing electric vehicles. “In the past they had shifted to CNG, so now it is the time to shift to electric vehicles,” she said.

Singh also suggested a preventative measure to address the issue of crop burning in neighbouring states which aggravates the pollution in the NCR. “When crop burning happens, Delhi is already polluted, and it tilts over,” Singh remarked. “Action must be taken before the threshold is breached, rather than waiting for court orders.” However, she reiterated that implementation continued to be a lingering issue. 

Worker welfare: Counting the uncounted

On 2 December, the bench had summoned the Chief Secretaries (CS) of the NCR to discuss the issue of pending dues that had to be paid to construction and daily wage workers from the labour welfare fund.

In the next hearing, three days later, Justice Oka reprimanded the CS of Delhi for not dispersing the dues in a timely manner. “You want workers to starve? We will issue a contempt notice to you, this is not done. This is a welfare state.”

On 5 December, Justice Oka criticised the Delhi government’s passive approach on focusing only on registration and not on identifying other unregistered workers deprived of income during the period. 

When it became clear that the Delhi government did not have the exact number of construction workers, the Court came down heavily on them. “Should we record your statement that there are only 90,693 construction workers in Delhi? If it is found to be false, you must face the consequences,” the bench stated. The CS said that the figures will be “re-verified”.

Senior Advocate Menaka Guruswamy, appearing for the Delhi CS, had clarified that “verification” of these workers “was mandated by statute”, and the CS admitted that no notification had been issued to identify unregistered workers post the Court’s directive.

The states of Haryana, Rajasthan and Uttar Pradesh had also presented a mixed picture, to which the Bench directed the state governments to file comprehensive affidavits detailing compliance by 3 January, 2025.

Yesterday, Senior Advocate Shadan Farsat, representing Delhi, confirmed that the ₹8,000 allowance had been fully disbursed to over 90,000 registered workers. The process of registration of additional 20,000 workers was underway. “We will monitor to ensure that every eligible worker is paid for the GRAP IV period,” stated Justice Oka.

Waste management and cracker control 

Another issue the Court sought to address preventatively was solid waste management in the NCR. Yesterday, Court Commissioner, Advocate Manan Verma had highlighted the failures of authorities to enforce the Solid Waste Management Rules, 2016. Yesterday, the Court took note of photographic evidence submitted by him, warned of serious consequences for non-compliance, and directed all NCR states to appoint nodal officers to facilitate continuing inspections by Court-appointed Commissioners. 

The Court also expressed concern over the continued use of firecrackers in Delhi-NCR. It called for a complete year-round ban on the manufacturing, storage, sale, and distribution of firecrackers, observing that the “ban is essential not only to curb air pollution but also noise pollution.” It directed state governments to place decisions regarding fire cracker bans on record by the next hearing on 19 December.