Supreme Court rules out year-round restrictions on polluting activities, favours long-term solution

The Supreme Court on Monday ruled out extreme measures such as year-round restrictions on activities prohibited under the Graded Response Action Plan (GRAP) — a set of emergency measures to control pollution — to improve the Air Quality Index (AQI), saying it would affect people’s livelihood.

”A large chunk of the population depends on various activities for their livelihood in the capital... We agree with the amicus and the ASG that a long-term solution is needed to tackle the menace of pollution in a graded manner. For that a combined action by the MoEFCC (Ministry of Environment, Forests and Climate Change) along with Punjab, Uttar Pradesh, Rajasthan and Haryana officials, is needed,” a Bench led by CJI BR Gavai CJI said.

The court’s comments came after senior advocate Gopal Sankarnarayanan, representing one of the parties, said Delhi has become a gas chamber and that all activities prohibited from GRAP 1 onwards should be prohibited for the entire year.

Sankarnarayanan said the situation was akin to an “emergency” as the air quality has deteriorated to alarming levels, causing irreversible damage to the health of the people, particularly children. He demanded a complete ban on construction and private cars. Citing certain reports, the senior counsel said three in 10 deaths in the NCR were caused by air pollution and lung cancer cases were exponentially increasing.

Additional Solicitor General Aishwarya Bhati, however, submitted that a complete ban on construction activities would affect daily wagers coming from Uttar Pradesh, Bihar and other neighbouring states.

Agreeing with the ASG, the CJI noted that such drastic measures would lead to a complete standstill.

While turning down Sankarnarayanan’s request, the Bench said, “The restriction to be imposed on activities in Delhi in (a) graded manner taking into consideration AQI standards has been finalised by expert(s) in the field on the basis of scientific data. We do not possess expertise to deal with the same. We are, therefore, not inclined to act on the submission of Mr Sankarnarayanan that all activities (prohibited from GRAP 1 onwards) be stopped in Delhi.”

The Bench directed the Chief Secretaries of Punjab and Haryana to ensure that directions to curb stubble burning issued by the Commission for Air Quality Management (CAQM) in its report dated November 13, 2025, were scrupulously implemented.

”If the CAQM’s suggestions to Punjab and Haryana are implemented, then stubble burning can be adequately tackled,” said the Bench – which also included Justice K Vinod Chandran and Justice NV Anjaria.

Asking ASG Bhati to come up with a complete plan of action, the Bench posted the matter for further hearing on November 19 when it will issue certain directions in the case.

Senior advocate and amicus curiae Aprajita Singh said though Punjab’s affidavit said that stubble burning incidents have gone down, there was no reduction in pollution levels. Haryana Government’s report also said that the number of active fire locations has come down drastically from 6,987 in 2021 to a mere 479 in 2025 (up to November 13).

“It is also stated that the Union Environment Minister held a meeting on November 11 and that within a day, appropriate instructions could be taken to find out appropriate steps to be taken to deal with the menace of pollution,” it noted.

“We are of the view, which is agreed by amicus (curiae) and the ASG, that the issue cannot be looked at with a temporary solution and a long-drawn solution needs to be looked at,” the Bench said.