The Supreme Court on Tuesday came down heavily on the Commission for Air Quality Management (CAQM) for dragging its feet over tackling Delhi’s air pollution crisis .
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said that the statutory body seemed to be “failing in its duty” by asking for two months to identify the main causes of worsening air quality. The Bench rapped the authority for seeking a two-month adjournment on the issue of temporary closure or relocation of toll plazas at Delhi borders to ease traffic congestion.
It said that the Commission could not keep deferring the issue while the National Capital Region (NCR) continued to choke.“CAQM appears to be in no hurry to identify causes of worsening air pollution or AQI. Thus we issue directions to expedite the identification of causes and long-term solutions,” the Court ordered.
The CAQM was directed to convene a meeting of experts within two weeks, prepare a report based on their deliberations and make it public before the next hearing.The hearing began with the Chief Justice noting that the amicus curiae had filed a report outlining long-term measures. The CJI observed that while the Court did not intend to play “super expert,” it would continue to serve as a forum to ensure that expert views are translated into concrete action.
The Apex Court also directed the Commission for Air Quality Management (CAQM) in November 2024 to consider relaxing pollution-related restrictions on physical classes in Delhi-NCR schools, citing hardships for students without online access or mid-day meals, and acknowledging similar air quality exposure at home. This led CAQM to advise schools to adopt a hybrid mode for classes up to 12th standard, balancing health concerns with educational needs, as the court emphasized the impact on economically weaker sections.
"Have you been able to identify the causes of pollution? During all these days, a lot of material is coming in public domain, experts are writing articles, people are having opinions (and) they keep on sending to us on mail... "Heavy vehicles are contributing a large part, so the first question is how do we address that... By holding a meeting on January 2 and telling us that we will come after two months, that is not acceptable to us. The CAQM is failing in its duty," the bench observed orally during the hearing.
When Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Central government, requested for two months' time for the CAQM to examine core pollution sources, the Bench expressed strong disapproval.“It is being said that heavy vehicles are contributing to it and then there is construction in NCR area. People need housing. So we have to see if construction is contributing. If CAQM wants to come now after two months, it is not possible. That is like it’s failing in its duty,” CJI Kant said.
The Court noted that vehicular pollution alone now contributed to nearly 40 per cent of Delhi’s air quality index (AQI) problem. The amicus pointed out that while a 2022 CAQM report had conducted an extensive exercise, its findings were never made public. The CJI said that the common perception that farmers bear the blame for poor air quality was misplaced. The Court also criticised the CAQM for failing to publicly identify “provocative areas” responsible for the AQI decline despite receiving multiple expert reports over the years.
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