The Supreme Court on Friday questioned why the ban on firecrackers should remain confined to Delhi, insisting that the right to pollution-free air belonged to citizens across the country and not only to what it termed the “elite” of the national capital.
“Therefore a policy should be crafted for the entire country. If firecrackers have to be banned, it has to be done for the entire country… Also the poor who are dependent on this industry have to be looked into,” Chief Justice of India B.R. Gavai observed during a hearing that comes weeks ahead of the winter and festive season.
Chief Justice Gavai, reflecting on personal experience, said he had seen pollution levels in Amritsar last winter that were “worse than in Delhi.” He asked pointedly, “Just because this is the national capital city or the Supreme Court is situated in this area, it should have pollution-free air and not the other parts of India?”
The remarks were made as the court sought a report from the Commission for Air Quality Management (CAQM) and listed the case for further hearing in two weeks.
Senior advocate Aparajita Singh, amicus curiae in the air pollution cases, countered the perception that pollution was an elite concern. “There is a misconception that air pollution is only a problem for the elite. It is actually the people on the streets who suffer. The construction labourers and the daily wagers… Winters are impossible,” she said, adding that the people of Delhi “literally choke” during the colder months.
Also read: SC pushes for total firecracker ban in Delhi
The bench, however, maintained that the problem was a national one, stressing that policy could not be geographically selective.
The court’s observations have direct implications for the firecracker industry, which has already been hit by earlier bans. Senior advocate K. Parameshwar, appearing for industry representatives, said licences valid until 2028 had been revoked following the apex court’s April 2025 confirmation of a complete ban on the sale, production and manufacture of crackers in Delhi and the NCR.
That ruling dismissed pleas by traders for a limited seasonal window, calling the ban “absolutely necessary” to address worsening air quality. The judges had reasoned that partial curbs would prove futile as crackers could simply be hoarded and released during prohibited periods.
The court had further placed the responsibility on manufacturers to prove that “green crackers” genuinely reduced pollution. “Only if it is shown that bursting of green crackers cause the bare minimum pollution is there a possibility of rethinking the ban imposed through earlier orders of this court,” the bench had said in April.
For now, the debate continues, between the livelihoods of those dependent on the cracker industry, the constitutional right to clean air, and the striking reminder that Delhi is not the only city choking.
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