The Supreme Court on Monday expressed its strong displeasure over the submissions that the major cause for air pollution in Delhi was the burning of crops residue by farmers.
The Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted that the worsening air quality in the national capital was the result of several human and systemic factors, which demanded a coordinated, science-based action.
The Apex Court passed the order in the MC Mehta v. Union of India case, which has shaped the constitutional framework for environmental regulation in the National Capital Region (NCR) for decades. The case currently involves judicial oversight of the Commission for Air Quality Management (CAQM) established under the 2021 Act.
During the hearing, the Bench observed that stubble burning has been a recurring seasonal practice and existed even during the Covid-19 lockdown, when Delhi experienced unusually clear skies.
The contrast indicated that stubble burning could not be treated as the exclusive or even dominant cause of the present pollution levels, it noted, warning against narratives that disproportionately target marginalised groups who often remain unrepresented before the Court.
It stressed that constitutional equality required a fair assessment of all polluting sectors. It asked the Union Government and the CAQM whether their graded response strategies under GRAP and the statutory scheme had produced measurable results and called for a systematic evaluation of which interventions had succeeded, failed, or remained inadequate.
The Apex Court directed the authorities to submit a detailed, sector-wise analysis within a week, covering vehicular emissions, construction and demolition dust, resuspended road dust, industrial and power-plant emissions, and waste burning. It further sought the technical credentials of CAQM members, signalling a closer scrutiny of the Commission’s effectiveness.
The Union government apprised the Bench that reports from Punjab, Haryana, Delhi, and the Central Pollution Control Board would be submitted shortly. The Counsel appearing for the Centre referred to source-apportionment studies by IIT Delhi and IIT Kanpur, which showed that vehicular emissions and industrial dust continue to be major contributors to PM2.5 levels.
The Apex Court, however, expressed concern over weak on-ground enforcement, particularly regarding restrictions on construction activity under the higher stages of GRAP.
Several lawyers highlighted systemic failures that exacerbate pollution, including unregulated roadside parking, Delhi’s exceptionally dense vehicle population and chronic non-compliance with existing environmental directions.
One of the counsels noted that earlier judicial interventions—such as the introduction of CNG public transport in the 1990s—had demonstrably improved Delhi’s air quality, suggesting that similar interventions may again be necessary.
The Bench observed that it did not intend to function as a scientific body but was constitutionally empowered to demand coordination and accountability from the authorities responsible for environmental protection. It noted that while pollution levels may naturally ease with the end of winter, long-term improvement would remain elusive unless structural reforms were implemented.
The top court of the country decided to hear the matter twice every month and scheduled the next hearing for December 10.
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